Patent Infringement

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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 (D.Del. June 12, 2019), the Court granted Plaintiff’s motion for reconsideration of the portion of the Court’s Claim Construction Order that determined that the term “kinetic steps”…

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Abbott Cardiovascular Systems, Inc. et al. v. Edwards Lifesciences Corp. et al., Civil Action No. 19-149-MN (D.Del. June 6, 2019), the Court denied the motion for preliminary injunction of Plaintiffs, Abbott Cardiovascular Systems, Inc. and Evalve, Inc., seeking to enjoin Defendants, Edwards Lifesciences Corp.…

By Memorandum Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Essentiv LLC et al., Civil Action No. 16-662-MN (D.Del. May 31, 2019), the Court granted the motion to stay of defendants pending resolution of plaintiff’s appeal to the Federal Circuit of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision…

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…