By Standing Order entered on April 30, 2021, the Honorable Colm F. Connolly, of the United States District Court for the District of Delaware, rolled out the new summary judgment motion practice in all patent cases assigned to him. Essentially, Judge Connolly is now requiring parties to number the motions for summary judgment that they
Patents
Judge Connolly Grants Defendant’s Motion for Summary Judgment of Indefiniteness in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in University of Massachusetts et al. v. L’Oréal USA, Inc., Civil Action No. 17-0868-CFC-SRF (D.Del. April 20, 2021), the Court granted Defendant L’Oréal’s motion for summary judgment of indefiniteness of the skin enhancement claim limitation of U.S. Patent Numbers 6,423,327 (“the ‘327 patent”) and…
Judge Andrews Denies Defendants’ Motion to Reopen Discovery in Patent Infringement Actions with First Trial Imminent
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in In re Chanbond, LLC, Patent Litigation, Civil Action No. 15-842-RGA (D.Del. April 16, 2021) (consolidated), the Court denied Defendants’ motion to reopen discovery to investigate whether Plaintiff Chanbond has standing in the suit given a dispute between Chanbond’s former owner, Chanbond, and Chanbond’s…
Judge Andrews Adopts Magistrate Judge’s Report and Recommendation in Part in Granting Defendants’ Motion for Summary Judgment of Noninfringement of the Patent-in-Suit
By Gregory B. Williams on
By Memorandum entered by The Honorable Richard G. Andrews in M2M Solutions LLC et al. v. Sierra Wireless America, Inc. et al., Civil Action No. 14-1102-RGA (D.Del. March 31, 2021), the Court granted Defendants’ motion for summary judgment of noninfringement of U.S. Patent No. 8,648,717 (“the ‘717 Patent”) with respect to the “exclusive set…
Chief Judge Stark Denies Defendants’ Motions to Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due to the Use of AUTOSTAR Communication Technology in Defendants’ Vehicles
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to dismiss Plaintiff’s complaints asserting infringement of U.S. Patent Nos. 9,705,765 (“the ‘765 patent”), 10,002,036 (“the ‘036 patent”), 10,031,790…
Chief Judge Stark Allows a Portion of Defendants’ Counterclaim and Affirmative Defense of Inequitable Conduct to Proceed After Considering Plaintiffs’ Motion to Dismiss and Motion to Strike
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Diebold Nixdorf, Inc. et al. v. Hyosung TNS, Inc. et al., Civil Action No. 19-1695-LPS (D.Del. March 4, 2021), the Court granted in part and denied in part Plaintiffs’ motion to dismiss Defendants’ counterclaim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and…
Judge Andrews Issues Markman Opinion Construing Remaining Terms in Dispute in Four Patents-in-Suit in Infringement Action Involving Patents on Surgical Tools
By Gregory B. Williams on
By Memorandum Opinion entered in Conformis, Inc. v. Medacta USA, Inc., Civil Action No. 19-1528-RGA (D.Del. March 4, 2021), The Honorable Richard G. Andrews construed the remaining terms in dispute in the four (4) patents-in-suit, U.S. Patent Nos. 8,377,129 (“the ‘129 patent”), 8,460,304 (“the ‘304 patent”), 9,186,161 (“the ‘161 patent”), and 9,295,482 (“the ‘482 patent”),…
Judge Andrews Grants Defendant’s Motion to Strike Plaintiff’s Untimely Disclosed Theories of Patent Infringement in Opening Expert Report
By Gregory B. Williams on
By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring Plaintiff from asserting, and its expert from opining on (1) any theory under the doctrine of equivalents (“DOE”) other than for the…
Court Enters Order Cancelling Civil and Criminal Jury Trials in the District of Delaware Until On or After April 5, 2021 Due to COVID-19 Pandemic
By Gregory B. Williams on
Due to the pandemic, the District Court entered an Order today cancelling all criminal and civil jury trials in the United States District Court for the District of Delaware until on or after April 5, 2021. Each presiding judge has the discretion to order a jury trial in an emergency or urgent situation. A copy…
Chief Judge Stark Overrules Plaintiff’s Objections and Adopts the Order of Magistrate Judge Hall Denying Plaintiff’s Requests to Strike and Preclude Use of Certain Evidence at Trial
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in 3Shape A/S v. Align Technology, Inc., Civil Action No. 18-886-LPS (D.Del. February 1, 2021), the Court overruled the objections of Plaintiff 3Shape contending that Judge Hall misapplied the Pennypack factors when she, by Oral Order dated January 9, 2021, denied 3Shape’s requests to…