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by Andrew_Russell 1323 days ago
They seemed unsure at the hearing of what exactly they had signed up for.

Certainly, their LLCs could be subject to attorneys fees if the Court awards fees (which it generally only does in exceptional cases) or for sanctions based on attorney behavior.

However, normally, only their LLCs would be liable rather than the owners personally--unless they fail to observe the corporate formalities.

3 comments

Once they own the patent, could they not break with MAVEXAR and keep 100% of what they would get from the litigation? In theory, I'm aware they probably had neither the know-how nor the funding.
> However, normally, only their LLCs would be liable rather than the owners personally--unless they fail to observe the corporate formalities.

Failing to observe which formalities in particular would expose them personally to such liability?

Commingling assets, undercapitalization
> They seemed unsure at the hearing of what exactly they had signed up for.

One even had no idea what the name of the patent "he" owned was, or what it was for.