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Delaware IP Law Blog 

Post Frequency: 3.4/day Last Entry: March 31, 2011 at 16:14:54 Recent Entries: 348
By Karen E. Keller, Andrew A. Lundgren et al.
Go to Delaware IP Law Blog, find other Intellectual Property Law blogs, or browse all law blogs.
Sue L. Robinson: "Extraordinary Circumstances" Warrant Rule 60(b) Relief from Judgment
Posted on January 19, 2011Obtaining relief from judgment under Rule 60(b) is normally a difficult exercise, as courts are rightfully reluctant to disturb their own findings. Vacating a judgment under Rule 60(b)(6)'s catch-all provision, which authorizes courts to do so for "any other reason...
Chief Judge Gregory M. Sleet: Motion to Transfer Denied
Posted on January 19, 2011Chief Judge Sleet denied HTC's motion to transfer pending patent litigation brought by Apple Inc. related to smartphone technology finding that "Apple's choice of forum should prevail." Apple Inc. v. High Tech Computer Corp., C.A. Nos. 10-166-GMS, 10-167-GMS, Memo...
District of Delaware Federal Trial Practice Seminar - Applications Now Being Accepted for Spring 2011 Program
Posted on January 18, 2011I am pleased to pass along an announcement from the Delaware Chapter of the Federal Bar Association regarding the Second Annual Federal Trial Practice Seminar. (A flyer is also posted below.) The United States District Court for the District of...
Judge Stark: Collateral Estoppel Applied to Claim Construction in Biovail
Posted on January 14, 2011Judge Stark recently issued a claim construction memorandum opinion in Biovail Laboratories International SRL v. Intelgenx Corp., C.A. No. 09-605-LPS (D. Del. Dec. 27, 2010), construing two claims. Both claim constructions were determined based on prior cases involving the same...
Chief Judge Sleet: Stay Granted in Infineon
Posted on January 13, 2011Recently, in Infineon Technologies AG v. Volterra Semiconductor Corp., C.A. No. 10-47 (GMS) (D. Del. Jan. 13, 2011), Chief Judge Sleet granted a stay a District of Delaware case in light of a related case pending in the Northern District...
Special Master decision regarding party access to confidential information and prosectuion bar
Posted on January 12, 2011In LadaTech, LLC v. Illumina, Inc., C.A. No. 09-627-SLR (Jan. 3, 2011), a recent Special Master decision, Plaintiff wanted its General Counsel, who was also one of three directors of the company, to have access to all confidential information produced...
Grape Jury Verdict
Posted on January 12, 2011One jury verdict slipped through the cracks last month: in Grape Technology Group, Inc. v. Jingle Networks, Inc., C.A. No. 08-408-GMS (D. Del. Dec. 9, 2010), the jury found for that the patents at issue were not invalid, but also...
Sue L. Robinson: Expert's Deposition Testimony Favored Over Competing Website Article
Posted on January 07, 2011On Wednesday, District Judge Sue L. Robinson issued a summary judgment decision notable for its assessment of a party's expert evidence. Although the Court eventually granted defendant Cisco's motion for summary judgment of noninfringement, it rejected, as part of the...
Judge Sue L. Robinson: Motion to Transfer False Marking Case GRANTED
Posted on January 07, 2011Judge Robinson transferred a false marking case where one of the plaintiffs and the defendant are engaged in patent infringement over four of the same patents at issue in the false marking case (even though it was not the first-filed...
Judge Stark: Third party motion for access to confidential documents DENIED
Posted on December 30, 2010Judge Stark recently considered third party Anvik Corporation?s motion for a limited intervention to obtain copies of evidence in LG Display Co., Ltd. v. AU Optronics Corp, et al., C.A. No. 06-726-LPS (D. Del. Dec. 29, 2010). Anvik filed a...
Leonard P. Stark: Stay Pending Reexamination Granted
Posted on December 29, 2010District Judge Leonard P. Stark issued a decision on Monday staying an infringement action in favor of two pending reexamination proceedings. The Court noted that a related Delaware action, which involves the same plaintiffs asserting the same patents against different...
Magistrate Judge Joel Schneider: Production of Translated Documents
Posted on December 29, 2010Magistrate Judge Schneider sitting by designation from the District of New Jersey recently held that a plaintiff is required to produce translated documents for any document it translates in the ordinary course of business, as well as all answers to....
Jury Verdict in ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-LPS
Posted on December 29, 2010A jury recently returned a verdict upholding the validity of plaintiff's patents and finding that defendant's original and modified accused products literally infringed two of three patents-in-suit, and infringed under the doctrine of equivalents. The jury also found that defendant...
Robert F. Kelly: Construing the Claims of DNA-Sequencing Patents
Posted on December 23, 2010Senior Judge Robert F. Kelly recently issued a claim-construction decision that addressed several patents in the DNA-sequencing field. In particular, the Court construed the following terms and phrases: "Amplification system" "Polymerase enzyme system" "Aqueous liquid phase that includes a cell-free,...
Judge Leonard P. Stark: Motion to Stay Pending Reexam DENIED
Posted on December 23, 2010In what appears to be Judge Stark's first decision on a motion to stay pending reexamination as an Article III judge, he denied the defendants' request to stay the action pending an inter partes reexamination. Cooper Notification, Inc. v. Twitter,...
Judge Robinson: Rule 56(d) Motion Denied in Acceleron
Posted on December 22, 2010Last week, Judge Robinson denied a Rule 56(d) motion by Acceleron in Acceleron, LLC. v. Hewlett-Packard Co., C.A. No. 10-128-SLR (D. Del. Dec. 16, 2010). Faced with a motion for summary judgment of non-infringement, Acceleron sought additional discovery under Rule...
Magistrate Judge Thynge: Decision regarding a party's obligation to produce witnesses of its foreign affiliate for depositions
Posted on November 24, 2010Magistrate Judge Thynge recently addressed whether a party is required to produce witnesses for depositions who are employees of its foreign subsidiary, or whether the party should seek that information pursuant to the Hague Convention. Ethypharm S.A...
Judge Robinson: Rule 12(b)(6) Motion Denied
Posted on November 18, 2010Last week, Judge Robinson issued a short memorandum order in Eidos Communications v. Skype Tech. SA, C.A. No. 09-234-SLR (D. Del. Nov. 9, 2010), denying a Rule 12(b)(6) motion to dismiss. The motion sought dismissal based on an attached affidavit,...
Sue L. Robinson: No Exception to Policy that Prohibits Testifying Patent-Law Experts
Posted on November 12, 2010A recent decision by district judge Sue L. Robinson further develops her policy of prohibiting patent-law experts from testifying. As part of a wide-ranging summary judgment opinion - which covers infringement, validity, and enforceability on a number of patents -...
Judge Robinson: Jury Verdict of Invalidity Reversed
Posted on November 10, 2010Last week, Judge Robinson issued a lengthy memorandum opinion in Robert Bosch, LLC v. Pylon Man. Corp., C.A. No. 08-542-SLR (D. Del. Nov. 3, 2010), granting in part a motion for judgment as a matter of law and overturning jury...
Judge Thynge Denies Defendant's Motion to Trifurcate Infringement, Damages, and Anti-Trust Issues
Posted on November 10, 2010Recently, Judge Thynge issued a memorandum order on a motion to bifurcate in Masimo Corp. v. Philips Elec. North Am. Corp., C.A. No. 09-80-LPS-MPT (D. Del. Oct. 6, 2010). Judge Thynge previously granted Plaintiff's motion to bifurcate Defendant's anti-trust and...
Special Master Bechtle: Deposition of In House Counsel
Posted on November 09, 2010Special Master Bechtle recently addressed plaintiff?s motion to compel the deposition of in-house counsel for a defendant, the same person who signed the verification for that defendant?s interrogatory responses. Xpoint Technologies, Inc. v. Intel Corp...
Judge Sleet decides issue of first impression: Do the prior art rules of the Patent Act apply to defendants? obviousness-type double patenting defense?
Posted on November 09, 2010In Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., C.A. 08-335-GMS (D. Del. Nov. 5, 2010), Judge Sleet recently decided an issue of first impression -- what is the date the court should use to determine what constitutes prior...
Chief Judge Gregory M. Sleet: Markman Opinion
Posted on November 08, 2010In a case involving certain chemical analogs and optical isomers, Chief Judge Sleet construed the following terms: - "S-(+)-4-amino-3-(2-methylpropyl) butanoic acid as a single optical isomer" - "4-amino-3-(2-methylpropyl) butanoic acid" Pfizer, Inc. v...
Sue L. Robinson: Overlooking "Basic Principle of Science" Warrants Rule 59 Relief
Posted on November 08, 2010Rarely does a party get to revisit discovery following a post-trial decision on the merits. In a recent memorandum order that affects an earlier invalidity holding, however, District Judge Sue L. Robinson did just that. Finding that both parties overlooked...
Judge Thynge: Motion of issuance of letters rogatory for discovery into prosecution of an unrelated patent DENIED
Posted on November 05, 2010In a recent discovery dispute before Judge Thynge in a sham litigation case, plaintiff filed a motion to issue letters rogatory seeking discovery related to the prosecution of defendants? patents. Ethypharm S.A. France v. Abbott Laboratories, C.A. 08-126-SLR-MPT (D...
Judge Thynge: Motion to Transfer Denied
Posted on October 15, 2010Earlier this week, in Carl Zeizz Meditec, Inc. v. Xoft, Inc., C.A. No. 10-308-LPS-MPT (D. Del. Oct. 13, 2010), Judge Thynge issued a report and recommendation that defendant Xoft's motion to transfer be denied. According to Judge Thynge, "Xoft is...
Chief Judge Sleet: Post-Trial Briefs Must Only Contain Evidence Presented at Trial
Posted on October 06, 2010In a recent post-trial opinion, Chief Judge Gregory M. Sleet touched on a host of issues, including obviousness, indefiniteness, inequitable conduct, double patenting, and infringement. Beyond the substantive analysis of the patents-in-suit, the Court also answered an equally important procedural...
Judge Robinson: Motion to Dismiss in Belden Case Results In Sua Sponte Transfer of Venue
Posted on October 06, 2010In Belden Technologies, Inc. v. LS Corp., C.A. No. 08-823-SLR (D. Del. Sept. 30, 2010), Judge Robinson granted a motion to dismiss contesting proper jurisdiction and venue, but only "to the extent that the present action shall be transferred to...
Judge Sleet: Motion to Dismiss Counterclaims in ANDA case Denied in Part and Granted in Part
Posted on October 04, 2010Judge Sleet recently granted in part and denied in part plaintiffs? motion to dismiss defendant?s counterclaims in an ANDA case. Bone Care International LLC v. Sandoz Inc., C.A. No. 09-524-GMS (D. Del. Sep. 30, 2010. One patent in suit had...
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Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
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