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Intellectual Property Law

Delaware IP Law Blog

By Karen E. Keller, Andrew A. Lundgren et al.

Post Frequency: 3.4/day

Last Entry: March 31, 2011 at 16:14:54

Chief Judge Sleet: Plaintiff's Motion to Dismiss Defendant's Counterclaims and Affirmative Defenses GRANTED IN PART and DENIED IN PART; Motion to Strike Inequitable Conduct Defense DENIED

Posted on March 31, 2011
In U.S. Philips Corp. v. Samsung Electronics Co., C.A. No. 09-692 GMS (D. Del. Mar. 25, 2011), Chief Judge Sleet recently decided plaintiff?s motions to dismiss several counterclaims and affirmative defenses and to strike defendant's inequitable conduct defense...

Sue L. Robinson: The Overlapping Worlds of Science and Litigation

Posted on March 31, 2011
In a recent opinion, District Judge Sue L. Robinson commented on the nature of expert testimony in patent cases. In particular, the Court highlighted the important distinction between scientific "truth" and the role of the judiciary in the decidedly non-scientific...

Judge Stark: Claim Construction Opinion

Posted on March 29, 2011
In BigBand Networks, Inc. v. Imagine Communications, Inc., C.A. No. 07-351-LPS (D. Del. Mar. 24, 2011), Judge Stark recently issued a claim construction opinion for the four patents at issue relating to video technology. Judge Stark construed the following terms:...

Judge Leonard P. Stark: Claim Construction

Posted on March 23, 2011
Judge Stark recently construed the following terms in the Wyeth, LLC v. Intervet, Inc., et al. matter: -"Porcine circovirus type B," "PCVB," "type B porcine circovirus," "porcine circovirus-B," and "PCV-B" -"amplifying said nucleic acid" Wyeth, LLC v...

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Judge Robinson: Defendant?s motion for summary judgment of noninfringment GRANTED and motion for summary judgment of invalidity GRANTED-IN-PART

Posted on March 22, 2011
In Automated Transactions LLC v. 7-Eleven, Inc. et al., C.A. No. 06-043-SLR (D. Del. March 9, 2011), Judge Robinson recently decided defendants and plaintiff?s cross motions for summary judgment. Judge Robinson granted defendants? summary judgment motion because she construed the...

Special Master Redfearn: Application for Amendment to Stipulated Protective Order DENIED

Posted on March 18, 2011
Earlier this month, in Spansion, LLC v. Samsung Electronics Co., Ltd., C.A. No. 1:08-CV-00855-SLR (D. Del. Mar. 2, 2011), Special Master Redfearn denied Spansion's application for an amendment to a Stipulated Protective Order withholding confidential business information from both parties'...

Judge Robinson: Defendants' Motions to Dismiss GRANTED (Limiting Plaintiff's Damages)

Posted on March 18, 2011
Two days ago, in Minkus Electronic Display Systems Inc. v. Adaptive Micro Systems LLC, Civ. No. 10-666-SLR (D. Del. Mar. 16, 2011), Judge Robinson granted Defendants' motions to dismiss for failure to state a claim, limiting Plaintiff's damages as to...

Sue L. Robinson: Summary Judgment Practice on Equitable Issues

Posted on March 18, 2011
In a recent decision, District Judge Sue L. Robinson explained her practice on adjudicating post-trial equitable claims. The Court noted that it "does not entertain motions for summary judgment on equitable issues, instead holding bench trials on such issues...

Judge Robinson: Keurig's Motion for Preliminary Injunction DENIED

Posted on March 18, 2011
On March 10, 2011, in Keurig Inc. v. Sturm Foods, Inc., Civ. No. 10-841-SLR (D. Del. Mar. 10, 2011), Judge Robinson issued a memorandum opinion denying Keurig's motion for a preliminary injunction and Sturm Foods's partial motion to dismiss. Keurig...

Three Young Conaway Attorneys Selected to Participate in D. Del. Trial Practice Seminar

Posted on March 16, 2011
Three attorneys at Young Conaway have been selected to participate in the District of Delaware's second annual Federal Trial Practice Seminar. Michele Sherretta Budicak and Jeffrey T. Castellano, of the firm's Intellectual Property Litigation Section, and Erika R...

Berle M. Schiller: Explaining The "Home Turf" Concept of Venue

Posted on March 15, 2011
Visiting judge Berle M. Schiller recently issued a venue decision notable for its analysis of the concept of "home turf." Defendant CardioMEMS, a Delaware entity, had no offices, employees, or records in the state. Plaintiff LUMC, a non-U.S. entity, had...

Leonard P. Stark: Rejection of Mark Does Not Preclude Reliance Argument

Posted on March 14, 2011
Last week, District Judge Leonard P. Stark rejected an attempt to dismiss a trademark-fraud defense on particularity grounds. In the underlying action, Pennsylvania Engineering & Manufacturing (PEM) leveled a trademark-infringement claim against Southco...

Visiting Judge Paul Diamond: Motion to Transfer to Southern District of Iowa, defendant?s principal place of business, DENIED

Posted on March 11, 2011
In Walker Digital, LLC v. Multi-State Lottery Association, C.A. No. 10-1113-PD (D. Del. Mar. 3, 2011), Judge Diamond denied defendant?s motion to transfer to the Southern District of Iowa where defendant is principally located. This patent infringement case involves defendant?s...

Judge Robinson: Teva?s Late Motion for Leave to Amend Pleading DENIED

Posted on March 10, 2011
On February 25th, 2011, in OSI Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 09-185-SLR (Consol.) (D. Del. Feb. 25, 2011), Judge Robinson issued a memorandum order denying Defendants? motion for leave to amend their pleadings. While the court?s...

Judge Leonard P. Stark: Motion to Defer Ruling on Fees - GRANTED

Posted on March 07, 2011
Plaintiffs moved to defer the court's ruling on defendant Lifescan's exceptional case motion which requested an award of fees and expenses until the resolution of their pending appeal before the Federal Circuit. Roche Diagnostics Operations, Inc., et al...

Judge Stark: Claim Construction Opinion Issued

Posted on March 04, 2011
On Monday, Judge Stark issued a claim construction opinion in Pfizer Inc., v. Dr. Reddy's Labs. Ltd., C.A. No. 09-943-LPS (D. Del. 2/28/2011), construing the following terms: Form I, Form II, and Form IV atorvastatin Crystalline Hydrate Having...

N.J. Chief Judge Bartle: MagSil?s Open-Ended Claims Invalid for Lack of Enablement

Posted on February 24, 2011
Last Wednesday, in MagSil Corp. v. Seagate Technology, C.A. No. 08-940 (D. Del. Feb. 16, 2011), Chief Judge Bartle (sitting by designation from the District of New Jersey) granted Defendants? motion for summary judgment and issued a memorandum opinion addressing...

Chief Judge Gregory M. Sleet: Jury Verdict

Posted on February 23, 2011
On February 11, 2011, a jury returned a defense verdict on all counts in CMH America LLC and Blue Leaf I.P., Inc. v. Kinze Manufacturing, Inc., C.A. No. 08-945-GMS. The jury found that defendant did not infringe plaintiffs' patents and...

Judge Stark: High Fact Bar for Anti-Trust Counterclaims

Posted on February 23, 2011
Last week, in Magnetar Tech. Corp v. Six Flags Theme Parks, Inc., C.A. No. 07-127-LPS (D. Del. Feb. 18, 2011), Judge Stark denied a motion by some of the defendants to amend their complaint to add an antitrust counterclaim under...

Judge Stark: Corrected Final Judgment in Fairchild Semiconductor

Posted on February 16, 2011
Judge Stark entered final judgment in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., C.A. No. 04-1371-LPS (D. Del. Feb. 3, 2011) earlier this month. Power Integrations won a $12.8 million dollar verdict for willful infringement by Fairchild Semiconductor of...

Chief Judge Sleet: Claim Construction Warning in Edwards Lifesciences

Posted on February 16, 2011
Recently, in Edwards Lifesciences AG v. Corevalve, Inc., C.A. No. 8-91-GMS (D. Del. February 7, 2011), Chief Judge Sleet ruled on various post-trial motions by CoreValve and Edwards. the Court denied CoreValve's Renewed JMOL motion, stating that CoreValve was merely...

Judge Sue L. Robinson: Transfer DENIED

Posted on February 14, 2011
Following the recent trend in this district, Judge Robinson denied a defendant's motion to transfer litigation related to a licensing dispute, even where the current litigation is the "mirror image" of litigation pending in the Northern District California...

Del. Chapter of FBA Presents Bankruptcy Litigation CLE Program

Posted on February 11, 2011
Save the Date: March 11, 2011 The United States District Court for the District of Delaware, the United States Bankruptcy Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association will present a "Bankruptcy Litigation...

Judge Robreno: Claim Construction Order

Posted on February 09, 2011
In a case involving e-readers, Judge Robreno construed the following claim terms - broadcast - book, electronic book - encrypting the selected electronic book - decrypting the encrypted selected electronic book - information that allows encryption and decryption of the...

New Supplemental Information Sheet Required for Filing New ANDA Case

Posted on February 04, 2011
On February 1, 2011, the District of Delaware revised its CM/ECF filing guidelines to require that in all newly filed ANDA cases, plaintiff file a supplemental information sheet along with the complaint. This new form (below) provides the following information...

D. Del. Panel to Recommend Candidates for Open Magistrate Position

Posted on February 03, 2011
On Monday, the District of Delaware came one step closer to filling the vacant magistrate judge position. By order, the D. Del. Judges constituted the newest iteration of the district's Merit Selection Panel, which is charged with recommending no more...

N.J. Chief Judge Bartle: Amgen Patents Not Invalid after Bench Trial

Posted on January 28, 2011
Earlier this month, in Brigham and Women's Hospital, Inc. v. Teva Pharmaceuticals USA, Inc., C.A. No. 08-464 (D. Del. Jan. 7, 2011), Chief Judge Bartle, sitting by designation from the District of New Jersey, issued a memorandum opinion addressing several...

Judge Stark: Motion to Enhance Damages GRANTED and Motion for Attorneys' Fees DENIED

Posted on January 24, 2011
In Power Integrations, Inc. v. Fairchild Semiconductor Int?l, Inc., C.A. 04-1371-LPS (D. Del. Jan. 18, 2011), after a long and contentious litigation involving several patents, Judge Stark recently decided plaintiff?s motion to enhance damages and motion for attorneys? fees...

Sue L. Robinson: Construing Claims at Trial

Posted on January 24, 2011
A recent decision by District Judge Sue L. Robinson sheds light on the Court's supplemental claim-construction practice. In the underlying infringement litigation, the Court issued an opinion on, among others, the parties' proposed constructions and summary judgment motions...

Judge Sue L. Robinson: Jury Verdict

Posted on January 20, 2011
On January 14, 2011, a jury returned a defense verdict on all counts in the Arcelormittal France v. AK Steel Corporation, et al. matter. C.A. No. 10-050-SLR, Jury Verdict Sheet (D. Del. January 14, 2011). Specifically, the jury found that...

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