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FEINBERG v. MARATHON PATENT GROUP INC.

Index No. 651463/18. Appeal No. 13651-13651A. Case No. 2020-04269. 2020-04270.

193 A.D.3d 568 (2021)

148 N.Y.S.3d 51

2021 NY Slip Op 02452

Jeffrey Feinberg et al., Appellants, v. Marathon Patent Group Inc. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 22, 2021.

Attorney(s) appearing for the Case

Robbins LLP, San Diego, CA ( Stephen J. Oddo of the bar of the State of California, admitted pro hac vice, of counsel), for appellants.

Troutman Pepper Hamilton Sanders, LLP, New York ( Meredith Sherman of counsel) and Troutman Pepper Hamilton Sanders, LLP, Irvine, CA ( Howard M. Privette of the bar of the State of California, admitted pro hac vice, of counsel), for Marathon Patent Group, Inc. and Doug Croxall, respondents.

White & Case LLP, New York ( Gregory M. Starner of counsel), for Francis Knuettel II, respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

Between May 2014 and early 2016, plaintiff Jeffrey Feinberg (Feinberg) acquired substantial shares of stock of defendant Marathon Patent Group, Inc. (Marathon), a publicly traded company that acquires and monetizes patents through litigation and licensing strategies.

In March 2016, after Marathon reported poor financial results for 2015, Feinberg began to liquidate his position by selling 202,018 shares of Marathon common stock between April 19, 2016 and May 12, 2016...

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