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
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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…
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…
HAPPY HOLIDAYS!
HAPPY HOLIDAYS FROM YOUR FRIENDS AT FOX ROTHSCHILD LLP!
District of Delaware Announces Its Biennial Bench and Bar Conference and Extends Filing or Service Deadlines to Promote Participation in Conference by as Many Members of Bar as Possible
By Order issued by Chief Judge Stark, the United States District Court for the District of Delaware announced that it is hosting its biennial District of Delaware Bench and Bar Conference on April 30 and May 1, 2020. In order to promote the Conference and facilitate the participation of as many members of the Bar…
Chief Judge Stark Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement and Lanham Act Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Citrix Systems, Inc. v. Workspot, Inc., Civil Action No. 18-588-LPS (D.Del. August 16, 2019), the Court denied the motion for preliminary injunction sought by plaintiff, Citrix Systems, Inc. In its complaint, Citrix asserted claims of infringement of U.S. Patent Nos. 7,949,677 (“the ‘677…