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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Viretem Ventures, LLC v. YouTube, LLC and Google, LLC, Civil Action No. 18-917 – MN (D.Del. May 16, 2019), the Court denied the motion of Defendants YouTube, LLC (“YouTube”) and Google LLC(“Google”) to transfer venue of the patent infringement action asserted by Plaintiff Virentem Ventures…

By Memorandum Opinion entered by The Honorable Colm F. Connolly in Ultravision Technologies, LLC v. RMG Networks Holding Corp., Civil Action No. 18-1333-CFC (D.Del. May 6, 2019), the Court granted Defendant’s motion to transfer the patent infringement action to the United States District Court for the Northern District of Texas pursuant to 28 U.S.C.…

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Hazel Technologies, Inc., Civil Action No. 18-1486 –MN (D.Del. April 25, 2019), the Court denied Defendant’s motion to dismiss Plaintiff’s claim of direct infringement of U.S. Patent Nos. 6,017,849 (“the ‘849 Patent”) and 6,313,068 (“the ‘068 Patent”) after finding that Plaintiff’s…

By Memorandum Order entered by The Honorable Richard G. Andrews in Express Mobile, Inc. v. Liquid Web, LLC, Civil Action No. 18-1177-RGA (D.Del. April 18, 2019), the Court granted Defendants’ motions to dismiss as to past damages and denied their motions as to direct infringement.

With respect to past damages, Defendants argued that Plaintiff…

By Memorandum Order entered by The Honorable Colm J. Connolly in F’Real Foods, LLC et al. v. Hamilton Beach Brands, Inc. et al., Civil Action No. 16-41-CFC (D.Del. April 12, 2019), the Court denied Defendants’ motion to exclude the testimony of Plaintiffs’ damages expert, Dr. Michael P. Akemann, on lost profits and reasonable royalty.…

By Memorandum Order entered by The Honorable Richard G. Andrews in Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc., Civil Action No. 18-1679-RGA (D.Del. April 8, 2019), the Court denied Defendant’s motion to dismiss for lack of patent eligibility under 35 U.S.C. § 101. The patents in-suit, U.S. Patent Nos. 9,562,837 (“the ‘837 patent”) and…

By Memorandum Opinion entered by The Honorable Leonard P. Stark in 3 Shape A/S v. Align Technology, Inc., the Court denied Defendant’s motion to dismiss Plaintiff’s claims for direct, indirect and willful infringement pursuant to Federal Rule of Civil Procedure 12(b)(6). In short, Defendant argued that Plaintiff’s pre-suit induced infringement and contributory and willful…

By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Company LLC v. Dollar Shave Club, Inc., et al., Civil Action No. 15-1158-LPS-CJB (D.Del. March 21, 2019), the Court, among other things, denied Plaintiff’s motion seeking summary judgment as to the date of conception for the ‘513 patent. Plaintiff sought summary…

The United States District Court for the District of Delaware has announced the selection of Jennifer L. Hall to fill the new United States Magistrate Judge position in the District of Delaware.  A copy of the Court’s announcement is attached.

By Memorandum Opinion entered by The Honorable Colm F. Connolly in Deere & Company v AGCO Corp. et al., Civil Action No. 18-827-CFC (D.Del. February 19, 2019), the Court granted in part and denied in part the identical motions of defendants AGCO Corporation and Precision Planting LLC to dismiss Plaintiff Deere & Company’s claims…