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
Patent Infringement
Judge Andrews Denies Plaintiff’s Motion to Reconsider Prior Order Dismissing All Counts of Complaint with Prejudice
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Dr. Laskhmi Arunachalam v. Citigroup Inc. et al., Civil Action No. 14-373-RGA (D.Del. December 4, 2020), the Court denied the motion of plaintiff to reconsider its prior order dismissing all counts of the complaint with prejudice. The order in question held that plaintiff…
Judge Connolly Grants Plaintiffs’ Request to Preclude Defendant from Maintaining Its Invalidity Defense Based on An Undisclosed Inventorship Theory
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Colm F. Connolly in Pharmacyclics LLC et al. v. Cipla Limited, et al., Civil Action No. 18-192-CFC/CJB (D.Del. November 10, 2020) (Consolidated), the Court granted Plaintiffs’ request to preclude Defendant Sandoz from maintaining its theory that U.S. Patent No. 10,106,548 (“the ‘548 patent”) is invalid…
Judge Noreika Denies Defendants’ Motion for Attorneys’ Fees in Alleged Patent Infringement Action
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Maryellen Noreika in Mixing & Mass Transfer Technologies, LLC v. SPX Corporation et al., Civil Action No. 19-529-MN (D.Del. November 4, 2020), the Court denied the SPX Defendants’ motion for attorneys’ fees after finding that Defendants were not a prevailing party.
By way of background, between 2005…
Chief Judge Stark Grants Defendant’s Motion for Summary Judgment of No Infringement Under Doctrine of Equivalents
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Osseo Imaging, LLC v. Planmeca USA Inc., Civil Action No. 17-1386-LPS (D.Del. October 28, 2020), the Court, inter alia, denied Defendant’s motion for summary judgment of no infringement with respect to literal infringement and granted Defendant’s motion for summary judgment of no…
Chief Judge Stark Grants Google’s Motion for Summary Judgment of Non-Infringement
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Data Engine Technologies LLC v. Google LLC, Civil Action No. 14-1115-LPS (D.Del. September 9, 2020), the Court granted defendant Google LLC’s motion for summary judgment of non-infringement with respect to the claims alleging that Google Sheets infringed the asserted claims of U.S. Patent…
District of Delaware Announces Plan to Transition to Phase 2 of the District’s Re-Opening Guidelines on September 15, 2020
By Gregory B. Williams on
By Standing Order entered by Chief District Judge Leonard P. Stark on September 1, 2020, the United States District Court for the District of Delaware announced its plan to transition into Phase 2 of its Re-Opening Guidelines on September 15, 2020, subject to conditions with respect to the coronavirus in Delaware and the surrounding region. …
Judge Andrews Finds Plaintiff Failed to Plead a Plausible Trade Secret Misappropriation Claim
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Lithero, LLC v. AstraZeneca Pharmaceuticals LP, Civil Action No. 19-2320-RGA (D.Del. August 13, 2020), the Court found that Plaintiff failed to plead a plausible trade secret misappropriation claim under the federal Defend Trade Secrets Act (“DTSA”) despite the fact that the Court had…
Following ANDA Trial, Chief Judge Stark Finds Remaining Defendants’ Proposed Drug Products Infringe Asserted Claims of Patents-in-Suit Connected to Plaintiffs’ Eliquis® Product
By Gregory B. Williams on
By Opinion entered by The Honorable Leonard P. Stark in Bristol-Myers Squibb Co. et al v. Aurobindo Pharma USA Inc. et al., Civil Action No. 17-374-LPS (D.Del. August 5, 2020)(consolidated) following a nine (9) day bench trial, the Court found that defendant Sigmapharm’s ANDA products infringe the asserted claims of U.S. Patent No. 6,967,208…
Judge Connolly Grants Defendants’ Motion to Dismiss Plaintiff’s Patent Infringement Claims in Part and Denies in Part
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part Defendants’ motion to dismiss Plaintiff’s fifteen (15) count complaint for failure to state a claim under Federal…