By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to dismiss Plaintiff’s complaints asserting infringement of U.S. Patent Nos. 9,705,765 (“the ‘765 patent”), 10,002,036 (“the ‘036 patent”), 10,031,790
Patent Infringement
Chief Judge Stark Allows a Portion of Defendants’ Counterclaim and Affirmative Defense of Inequitable Conduct to Proceed After Considering Plaintiffs’ Motion to Dismiss and Motion to Strike
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Diebold Nixdorf, Inc. et al. v. Hyosung TNS, Inc. et al., Civil Action No. 19-1695-LPS (D.Del. March 4, 2021), the Court granted in part and denied in part Plaintiffs’ motion to dismiss Defendants’ counterclaim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and…
Judge Andrews Issues Markman Opinion Construing Remaining Terms in Dispute in Four Patents-in-Suit in Infringement Action Involving Patents on Surgical Tools
By Gregory B. Williams on
By Memorandum Opinion entered in Conformis, Inc. v. Medacta USA, Inc., Civil Action No. 19-1528-RGA (D.Del. March 4, 2021), The Honorable Richard G. Andrews construed the remaining terms in dispute in the four (4) patents-in-suit, U.S. Patent Nos. 8,377,129 (“the ‘129 patent”), 8,460,304 (“the ‘304 patent”), 9,186,161 (“the ‘161 patent”), and 9,295,482 (“the ‘482 patent”),…
Judge Andrews Grants Defendant’s Motion to Strike Plaintiff’s Untimely Disclosed Theories of Patent Infringement in Opening Expert Report
By Gregory B. Williams on
By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring Plaintiff from asserting, and its expert from opining on (1) any theory under the doctrine of equivalents (“DOE”) other than for the…
Court Enters Order Cancelling Civil and Criminal Jury Trials in the District of Delaware Until On or After April 5, 2021 Due to COVID-19 Pandemic
By Gregory B. Williams on
Due to the pandemic, the District Court entered an Order today cancelling all criminal and civil jury trials in the United States District Court for the District of Delaware until on or after April 5, 2021. Each presiding judge has the discretion to order a jury trial in an emergency or urgent situation. A copy…
Chief Judge Stark Overrules Plaintiff’s Objections and Adopts the Order of Magistrate Judge Hall Denying Plaintiff’s Requests to Strike and Preclude Use of Certain Evidence at Trial
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in 3Shape A/S v. Align Technology, Inc., Civil Action No. 18-886-LPS (D.Del. February 1, 2021), the Court overruled the objections of Plaintiff 3Shape contending that Judge Hall misapplied the Pennypack factors when she, by Oral Order dated January 9, 2021, denied 3Shape’s requests to…
Judge Andrews Issues Markman Opinion Construing Five Remaining Terms in Dispute in Six Patents-in-Suit in Hatch-Waxman Action
By Gregory B. Williams on
By Memorandum Opinion entered in Allergan USA, Inc. et al. v. Aurobindo Pharma Ltd., et al., Civil Action No. 19-1727-RGA (D.Del. January 11, 2021), The Honorable Richard G. Andrews construed the five (5) remaining terms in dispute in the six (6) patents-in-suit, U.S. Patent Nos. 8,691,860 (“the ‘860 patent”), 9,115,091 (“the ‘091 patent”), 9,364,489 (“the…
Judge Connolly Grants Hospira and Pfizer’s Motion to Stay Patent Infringement Action Pending Resolution of Related Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Colm F. Connolly, in Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 20-0561-CFC (D.Del. January 7, 2021), the Court granted in part the motion of Defendants Hospira, Inc. and Pfizer, Inc. to stay Civil Action No. 20-0561 until 14 days after resolution of…
Happy New Year!
By Gregory B. Williams on
Wishing all followers of the Delaware Intellectual Property Litigation Blog a Happy, Prosperous and Safe 2021!
Gregory B. Williams, Fox Rothschild LLP
Judge Connolly Grants in Part Defendant’s Motion to Dismiss Plaintiff’s Patent Infringement Claims on Grounds of Lack of Subject Matter Jurisdiction
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in ChromaDex, Inc. et al. v. Elysium Health, Inc., Civil Action No. 18-1434-CFC-JLH (D.Del. December 17, 2020), the Court granted in part and denied in part Defendant Elysium Health’s Rule 12(b)(1) motion to dismiss Plaintiff ChromaDex’s patent infringement claims after finding that (1) ChromaDex…