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By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion to dismiss counts 3, 4, and 5 of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) after finding that Plaintiff failed to…

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 …

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…

By Memorandum Order entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. AT&T Corp. et al., Civil Action No. 11-338-LPS (D.Del. June 12, 2020), the Court denied the motion of Defendants AT&T Corp., AT&T Services Inc. and SBC Internet Services, Inc. (collectively, “AT&T”) seeking to compel certain litigation funding-related discovery…

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…

In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims of induced infringement asserted in Count I, Counts II through V, and Count VII…

By Memorandum Order entered by The Honorable Richard G. Andrews in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC et al., Civil Action No. 19-2157-RGA (D.Del., May 5, 2020), the Court granted Defendants’ partial motion to dismiss in part by dismissing the willfulness and contributory infringement claims asserted in Plaintiff’s amended complaint.

Plaintiff’s amended complaint…

By Memorandum Order entered by The Honorable Colm F. Connolly in Sound View Innovations, LLC v. Delta Air Lines, Inc., Civil Action No. 19-659-CFC (D.Del. April 3, 2020) (consolidated), the Court denied the Federal Rule of Civil Procedure 12(b)(6) motions to dismiss filed by Defendants in three actions. Defendants argued in support of their…