By Memorandum Order entered by The Honorable Colm F. Connolly, in Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 20-0561-CFC (D.Del. January 7, 2021), the Court granted in part the motion of Defendants Hospira, Inc. and Pfizer, Inc. to stay Civil Action No. 20-0561 until 14 days after resolution of
District of Delaware
Happy New Year!
By Gregory B. Williams on
Wishing all followers of the Delaware Intellectual Property Litigation Blog a Happy, Prosperous and Safe 2021!
Gregory B. Williams, Fox Rothschild LLP
Merry Christmas!
By Gregory B. Williams on
Have a Merry Christmas! Stay Safe.
Judge Connolly Grants in Part Defendant’s Motion to Dismiss Plaintiff’s Patent Infringement Claims on Grounds of Lack of Subject Matter Jurisdiction
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in ChromaDex, Inc. et al. v. Elysium Health, Inc., Civil Action No. 18-1434-CFC-JLH (D.Del. December 17, 2020), the Court granted in part and denied in part Defendant Elysium Health’s Rule 12(b)(1) motion to dismiss Plaintiff ChromaDex’s patent infringement claims after finding that (1) ChromaDex…
HAPPY THANKSGIVING!
By Gregory B. Williams on
Have a Happy Thanksgiving! Stay Safe.
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 Gregory B. Williams on
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 Gregory B. Williams on
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…