Although this blog typically focuses on decisions rendered in intellectual property and/or antitrust cases currently in or that originated in the United States District Court for the District of Delaware or are in the Federal Circuit, every now and then there is a decision rendered in another federal trial or appellate court that is significant
False Advertising
Happy Labor Day!
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Happy Labor Day!
Happy 4th of July!
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Wishing all readers of the Delaware Intellectual Property Litigation blog a Happy 4th of July!
Chief Judge Stark Passes the Baton to a New Chief Judge in the District of Delaware
By Gregory B. Williams on
Effective July 1, 2021, the Honorable Colm F. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P. Stark, who served the District of Delaware well as Chief Judge since 2014.
Thank you Chief Judge Stark for your leadership,…
HAPPY FATHER’S DAY!
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Wishing all the Dads a Happy Father’s Day!
HAPPY MEMORIAL DAY!
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In remembrance of those who gave the ultimate sacrifice for our freedom and appreciating those who serve our country.
District of Delaware Concludes that ICON’s Alleged Claims Against Peleton for Statements Concerning “Innovation” Fail to State a Claim under the Lanham Act
By Gregory B. Williams on
By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. v. ICON Health & Fitness, Inc., Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. In doing so, among other things, the Court…
District of Delaware Grants Defendant’s Motion to Exclude Plaintiff Damages Expert’s Testimony in False Advertising Action under the Lanham Act
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By Memorandum Opinion entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC-CJB (D.Del. May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” CareDx sought to offer the damages expert’s testimony at trial…
HAPPY MOTHER’S DAY!
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Happy Mother’s Day!
Judge Connolly Denies Defendant’s Motion for Summary Judgment on Plaintiff’s False Advertising Claims under the Lanham Act and Delaware Deceptive Trade Practices Act
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By Memorandum Order entered by The Honorable Colm F. Connolly in 10x Genomics, Inc. v. Celsee, Inc., Civil Action No. 19-862-CFC-SRF (D.Del. April 8, 2021), the Court denied Defendant’s Motion for Summary Judgment on Plaintiff’s false advertising claims under the Lanham Act and the Delaware Deceptive Trade Practices Act (“DTPA”) after finding that genuine…