Have a Happy Thanksgiving! Stay Safe.
False Advertising
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…
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. …
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…
Business Litigation in Delaware State Courts
Although I typically blog on intellectual property and antitrust cases in federal court in Delaware, attached for readers of the Delaware Intellectual Property Litigation Blog are links to two articles that I recently co-authored and published on (1) obtaining temporary restraining orders and preliminary injunctions in Delaware Chancery Court and (2) adjudicating business disputes in …
District of Delaware Adopts Re-Opening Guidelines and Will Commence Phase One Operations on June 17, 2020
By Order dated June 15, 2020 and issued by Chief Judge Stark, the United States District Court for the District of Delaware issued and adopted its re-opening guidelines that includes four phases of re-opening. Phase One of the re-opening will commence on Wednesday, June 17, 2020.
Phase One involves the court’s initial emergence from strict…
Update on Court Operations in Delaware (both Federal and State) Under Exigent Circumstances Created by COVID-19 – as of May 30, 2020
With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients, co-counsel, and others outside of Delaware to provide an update on the Courts’ operations in…
HAPPY MEMORIAL DAY!
In recognition of all those soldiers who died in active military service for the United States of America. HAPPY MEMORIAL DAY!
U.S. Supreme Court Holds Disgorgement of Profits Is Available Remedy in Trademark Infringement Action Without Showing of Willful Infringement
In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement is not required to show that the defendant willfully infringed the plaintiff’s trademark as…