Court Refuses to Enjoin Apple’s Acquisition of AuthenTec

On September 25, 2012, Brevard County, Florida Circuit Court Judge Robert T. Burger denied Plaintiffs’ motion for a preliminary injunction of the proposed merger of AuthenTec, Inc. with Apple Inc., finding that Plaintiffs had failed to prove they would suffer irreparable harm, that there is no adequate remedy at law, and that a preliminary injunction would not serve the public interest. Compass Lexecon President Professor Daniel R. Fischel submitted a declaration on behalf of the AuthenTec Defendants and testified via deposition. The AuthenTec Defendants were successfully represented by Todd David and Lisa Bugni of Alston & Bird LLP and John Neuwirth of Weil, Gotshal & Manges LLP. Professor Fischel was assisted by David Ross, Rajiv Gokhale, Quinn Johnson and Jonathan Polonsky of Compass Lexecon’s Chicago office.