By Opinion entered by The Honorable Leonard P. Stark in Belcher Pharmaceutical, LLC v. Hospira, Inc., Civil Action No. 17-775-LPS (D.Del. March 31, 2020), following a two day bench trial and post-trial briefing in the action filed by plaintiff Belcher under the Hatch-Waxman Act as a result of defendant Hospira’s attempt to bring to
Patents
Judge Andrews Grants Defendant’s Motion to Dismiss After Finding the Asserted Claims of the Patents-in-Suit are Patent-Ineligible Under Alice Analysis
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim on the basis that plaintiff’s complaint failed to state a claim because the asserted…
Judge Connolly Issues Claim Construction Opinion for Remaining Disputed Claim Term in Patent-in-Suit in Patent Infringement Action
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-CFC, Consolidated (D.Del. March 9, 2020), the Court issued its claim construction opinion construing the remaining disputed claim term, “following fermentation,” in the patent-in-suit, United States Patent Number 8,574,869. Based on the extrinsic…
Chief Judge Stark Issues Rulings on Parties Various Motions in Limine in Patent Action Scheduled to Begin Trial Next Week
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Leonard P. Stark in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al., Civil Action No. 17-275-LPS-CJB (D.Del. February 27, 2020), the Court rendered its rulings on five of the six motions in limine filed by the parties in preparation for the trial scheduled…
Judge Connolly Denies Defendant’s Motion to Amend Answer to Add Affirmative Defense that Patent-in-Suit is Unenforceable Due to Plaintiff’s Inequitable Conduct Before the PTO
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Colm F. Connolly in Genentech, Inc. et al. v. Amgen, Inc., Civil Action No. 17-1407-CFC, Consol. (D.Del. February 12, 2020), the Court denied Defendant’s motion for leave to amend its First Amended Answer, Affirmative Defenses and Counterclaims to add an affirmative defense and counterclaim that U.S. Patent…
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…
Chief Judge Stark Grants and Denies Some of Defendants’ Motions to Dismiss Based on Patent Ineligible Subject Matter
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Leonard P. Stark in Peeble Tide LLC v. Arlo Technologies, Inc., Civil Action No. 19-769-LPS (D.Del. January 31, 2020), the Court granted Defendants’ motions to dismiss in three separate patent infringement cases brought by Plaintiff Peeble Tide LLC after finding that the two patents asserted, U.S. Patent…
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…
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Judge Connolly Denies Orexo’s Motion for a New Trial in Hatch-Waxman Patent Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Orexo AB et al. v. Actavis Elizabeth LLC et al., Civil Action No. 17-205-CFC (D.Del. December 11, 2019), the Court denied Plaintiffs’ Orexo AB and Orexo US, Inc. (collectively, “Orexo”) motion for a new trial, pursuant to Federal Rule of Civil Procedure 59(a),…