On March 22, 2020, Delaware Governor John Carney issued his Fourth and Fifth Modifications of the Declaration of a State of Emergency in the State of Delaware Due to a Public Health Threat. The latest Stay at Home Order follows Pennsylvania, New York, New Jersey and some other states closing nonessential business and commercial establishments
District of Delaware
Three Delaware Attorneys Added by Court to Special Masters Panel in Complex Civil Cases in District of Delaware
By Order entered by Chief Judge Leonard P. Stark on January 31, 2020, the United States District Court for the District of Delaware added three Delaware attorneys to its Special Masters Panel in complex civil cases. The three Delaware attorneys added are Helena Rychlicki, Chad Stover and Gregory B. Williams (partner at Fox Rothschild LLP…
Judge Connolly Adopts the Recommendations of Magistrate Judge Burke to Deny Defendant’s Motion to Dismiss Plaintiff’s Lanham Act and Unfair Competition Claims
By Memorandum Order entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC (D.Del. January 24, 2020), the Court adopted the Report and Recommendation of Magistrate Judge Christopher J. Burke recommending that Judge Connolly deny in part and grant part Defendant’s motion to dismiss Plaintiff’s complaint. Defendant…
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Judge Noreika Issues Memorandum Order Construing Three Terms in Dispute in Patent-in-Suit
By Gregory B. Williams on
Posted in District of Delaware, Intellectual Property
By Memorandum Order entered in Trimr, LLC v. PerfectShaker, Inc., et al., C.A. No. 18-1640-MN (D.Del., October 28, 2019), The Honorable Maryellen Noreika construed three (3) terms in dispute in the patent-in-suit, U.S. Patent No. 9,839,888 (“the ‘888 Patent”).
A complete copy of the Memorandum Order is attached.
Judge Andrews Grants Defendant’s Motion for Issuance of a Letter Request to Obtain Evidence in Foreign Countries through Hague Convention
By Gregory B. Williams on
Posted in District of Delaware, Intellectual Property
By Memorandum Order issued by The Honorable Richard G. Andrews in Compagnie Des Grands Hotels d’Afrique S.A. v. Starman Hotel Holdings LLC, Civil Action No. 18-00654 RGA (D.Del. July 26, 2019), the Court granted the motion of Defendant for issuance of a letter request to obtain evidence in the United Kingdom of Great Britain…
Judge Andrews Grants Defendant’s Motion to Dismiss Plaintiff’s Second Count of Infringement in Second Amended Complaint Under Kessler Doctrine
By Gregory B. Williams on
Posted in District of Delaware, Patent Infringement
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. July 18, 2019), the Court granted Defendant’s motion to dismiss in part by dismissing Plaintiff’s claims of direct and indirect infringement asserted in Count II of the Second Amended Complaint under the…
Judge Andrews Denies Plaintiff’s Motion for Reconsideration of Court’s Order Denying Remand
By Gregory B. Williams on
Posted in District of Delaware
By Memorandum Order entered by The Honorable Richard G. Andrews in M. Denise Tolliver v. Highmark BCBSD, Inc., Civil Action No. 18-797-RGA (D.Del. May 13, 2019), the Court denied Plaintiff’s motion for reconsideration of the Court’s previous order denying remand to state court. In denying the motion, the Court explained that “[t]he purpose of…
Judge Noreika Denies Defendant’s Motion for Finding of Spoliation and for Sanctions Against Plaintiff that Failed to Preserve ESI
By Gregory B. Williams on
Posted in District of Delaware, Intellectual Property
By Memorandum Opinion entered by the Honorable Maryellen Noreika in Cignex Datamatics, Inc. v. Lam Research Corp., Civil Action No. 17-320-MN (D.Del. March 11, 2019), the Court denied the motion of defendant Lam Research Corporation seeking a finding of spoliation and entry of sanctions against plaintiff Cignex Datamatics, Inc. for failure to preserve the…
United States District Court for the District of Delaware Announces Selection of New U.S. Magistrate Judge
The United States District Court for the District of Delaware has announced the selection of Jennifer L. Hall to fill the new United States Magistrate Judge position in the District of Delaware. A copy of the Court’s announcement is attached.