The Honorable Colm F. Connolly and The Honorable Maryellen Noreika both were sworn in as District Judges on the United States District Court for the District of Delaware this week.  They became the 26th and 27th individuals in the history of the Court to be appointed as District Judges.

The Court announced that Judges Connolly and Noreika will begin to be assigned new cases on August 15, 2018.  The Court will be eliminating the Vacant Judgeship (“VAC”) docket.  VAC cases that are currently assigned to a Magistrate Judge without consent of the parties to the jurisdiction of the Magistrate Judge will be reassigned to a District Judge – primarily Judges Connolly and Noreika.  The Court also will be phasing out the regular assignment of cases to Visiting Judges.  Cases that are currently assigned to a Visiting Judge will remain with the assigned Visiting Judge or may be reassigned to a Delaware District Judge – primarily Judges Connolly and Noreika.

The Court also announced that Senior Judge Sleet will be retiring from the bench at the end of September.  All cases assigned to Judgle Sleet (“GMS”) will be reassigned primarily to Judges Connolly and Noreika by a date on or around Judge Sleet’s retirement.  With the addition of Judges Connolly and Noreika, the Court is back to full strength.

A full copy of the Court’s Announcement is attached hereto.

Following a four-day bench trial before him in Shire Orphan Therapies LLC et al. v. Fresenius Kabi USA, LLC, Civil Action No. 15-1102-GMS (D.Del. June 5, 2018), and having considered the entire record in the case and the applicable law, The Honorable Gregory M. Sleet issued the Court’s Memorandum setting forth the findings of fact and conclusions of law in the action including that (1) the asserted claims of U.S. Patent No. 5,648,333 (“the ‘333 Patent”) are not invalid in light of U.S. Patent No. 5,597,807 (“the ‘7803 Patent”) under the doctrine of obviousness-type double patenting; and (2) the ‘333 Patent is not invalid due to prosecution laches because there was no unreasonable or unexplained delay in prosecuting the ‘333 patent.

A copy of the Memorandum setting forth the Court’s findings of fact and conclusions of law in more detail is attached.