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District of Delaware
Judge Connolly Grants Plaintiffs’ Request to Preclude Defendant from Maintaining Its Invalidity Defense Based on An Undisclosed Inventorship Theory
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Colm F. Connolly in Pharmacyclics LLC et al. v. Cipla Limited, et al., Civil Action No. 18-192-CFC/CJB (D.Del. November 10, 2020) (Consolidated), the Court granted Plaintiffs’ request to preclude Defendant Sandoz from maintaining its theory that U.S. Patent No. 10,106,548 (“the ‘548 patent”) is invalid…
Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees in Alleged Patent Infringement Action
By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX Defendants’ motion for attorneys’ fees after finding that Defendants were not a prevailing party.
By way of background, between 2005…
Chief Judge Stark Grants Defendant’s Motion for Summary Judgment of No Infringement Under Doctrine of Equivalents
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Osseo Imaging, LLC v. Planmeca USA Inc., Civil Action No. 17-1386-LPS (D.Del. October 28, 2020), the Court, inter alia, denied Defendant’s motion for summary judgment of no infringement with respect to literal infringement and granted Defendant’s motion for summary judgment of no…
Judge Andrews Denies Without Prejudice Plaintiff’s Daubert Motion to Exclude Testimony of Defendant’s Experts in Support of Patent Misuse Defense
By Memorandum Order entered by The Honorable Richard G. Andrews in Ingevity Corp. et al. v. BASF Corp., Civil Action No. 18-1391-RGA (D.Del. October 21, 2020), the Court denied Plaintiff Ingevity’s motion to exclude all or portions of the testimony of two experts of Defendant BASF on the basis of Daubert without prejudice to…
Plaintiffs Awarded Attorneys’ Fees in D.Del. Trademark Infringement Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Maryellen Noreika in Dr. Matthias Rath et al. v. Vita Sanotec, Inc. et al., Civil Action No. 17-953-MN (D.Del. October 2, 2020), the Court granted the motion of Plaintiffs Dr. Matthias Rath, Dr. Rath International and Dr. Rath Health Programs B.V. (“Plaintiffs”) seeking attorneys’ fees be assessed…
Judge Noreika Denies Defendant’s Motion for Partial Reconsideration of Ruling on the Parties’ Cross-Motions for Summary Judgment in Trademark Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Maryellen Noreika in New Balance Athletics, Inc. v. USA New Bunren International Co. Ltd., LLC, Civil Action No. 17-1700 (MN), the Court denied Defendant New Bunren’s motion for partial reconsideration of the Court’s prior ruling concluding that Plaintiff New Balance Athletics was entitled to statutory damages under…
Chief Judge Stark Grants Google’s Motion for Summary Judgment of Non-Infringement
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Data Engine Technologies LLC v. Google LLC, Civil Action No. 14-1115-LPS (D.Del. September 9, 2020), the Court granted defendant Google LLC’s motion for summary judgment of non-infringement with respect to the claims alleging that Google Sheets infringed the asserted claims of U.S. Patent…
District of Delaware Announces Plan to Transition to Phase 2 of the District’s Re-Opening Guidelines on September 15, 2020
By Standing Order entered by Chief District Judge Leonard P. Stark on September 1, 2020, the United States District Court for the District of Delaware announced its plan to transition into Phase 2 of its Re-Opening Guidelines on September 15, 2020, subject to conditions with respect to the coronavirus in Delaware and the surrounding region. …
Chief Judge Stark Denies Defendants’ Request to Convert Remote Bench Trial Ordered in Light of COVID-19 Pandemic to In-Person Trial
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in Xcoal Energy & Resources v. Bluestone Energy Sales Corp., Civil Action No. 18-819-LPS (D.Del. August 18, 2020), the Court denied Defendants’ renewed emergency request to convert the remote bench trial scheduled to begin on August 25, 2020 to a partially-remote or in-person trial.…