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
Patent Infringement
Update on Court Operations in Delaware (both Federal and State) Under Exigent Circumstances Created by COVID-19 – as of May 30, 2020
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…
Judge Fallon Finds Plaintiff’s Allegations of Induced Infringement of Certain Patents-in-Suit Deficient
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
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…
Judge Andrews Grants Defendants’ Motion to Dismiss Willfulness and Contributory Infringement Claims in Patent Infringement Action
By Gregory B. Williams on
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…
Judge Connolly Denies Defendants’ Motions to Dismiss Asserting Patent-Ineligible Subject Matter
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
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…
Chief Judge Stark Finds that Defendant Hospira Does Not Infringe Plaintiff Belcher’s Patent-in-Suit and Patent is Invalid and Unenforceable
By Gregory B. Williams on
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…
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…