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
District of Delaware
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.…
Following ANDA Trial, Chief Judge Stark Finds Remaining Defendants’ Proposed Drug Products Infringe Asserted Claims of Patents-in-Suit Connected to Plaintiffs’ Eliquis® Product
By Opinion entered by The Honorable Leonard P. Stark in Bristol-Myers Squibb Co. et al v. Aurobindo Pharma USA Inc. et al., Civil Action No. 17-374-LPS (D.Del. August 5, 2020)(consolidated) following a nine (9) day bench trial, the Court found that defendant Sigmapharm’s ANDA products infringe the asserted claims of U.S. Patent No. 6,967,208…
Judge Connolly Grants Defendants’ Motion to Dismiss Plaintiff’s Patent Infringement Claims in Part and Denies in Part
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part Defendants’ motion to dismiss Plaintiff’s fifteen (15) count complaint for failure to state a claim under Federal…
Civil and Criminal Jury Trials in the District of Delaware Will Not Resume Until At Least August 31, 2020 due to COVID-19
Due to public safety concerns caused by COVID-19, by Standing Order entered by Chief Judge Leonard P. Stark dated July 16, 2020, the United States District Court for the District of Delaware continued all civil and criminal jury selections and jury trials scheduled to begin before August 31, 2020 until further order of the Court. …
Judge Andrews Grants Defendants’ Motion for Summary Judgment on Plaintiffs’ Claims of False Advertising
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for Summary Judgment after finding that no reasonable jury could conclude that Defendants’ advertisements were literally false and Plaintiffs’ breach…
Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment of Non-Infringement for Failure to Establish Declaratory Judgment Jurisdiction
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion to dismiss counts 3, 4, and 5 of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) after finding that Plaintiff failed to…