The United States District Court for the District of Delaware has announced the selection of Jennifer L. Hall to fill the new United States Magistrate Judge position in the District of Delaware. A copy of the Court’s announcement is attached.
By Memorandum Opinion entered by The Honorable Maryellen Noreika in ANI Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC et al., Civil Action No. 17-1097-MN (D.Del. January 11, 2019), the Court granted-in-part Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(2) or, in the Alternative, Transfer Venue to the extent that it sought to transfer the action from the District of Delaware to the Northern District of Texas. The Court denied the portion of Defendants’ Motion that sought dismissal under Federal Rule of Civil Procedure 12(b)(2) finding that the question of personal jurisdiction over defendant Method presented a close call but the Court lacked personal jurisdiction over defendant Tucker. Id. at *12. The Court explained that it would exercise its discretion in transferring the case regardless of the existence of personal jurisdiction over defendant Method because “judicial economy favors the prosecution of a case in its entirety, and that weighs in favor of transferring the case to the Northern District of Texas where there is no question of jurisdiction.” Id.
Ultimately, in analyzing the twelve Jumara factors, the Court found that eight factors weighed in favor of transfer while the remaining four factors were neutral. Id. at *12-19. The Court noted that, although “a plaintiff’s choice of venue is generally provided paramount consideration under Jumara, the Court’s inability to assert personal jurisdiction over one of the defendants undermine[d] that deference here. Id. at *19.
A copy of the Memorandum Opinion is attached.
Wishing all of the readers of the Delaware Intellectual Property Litigation Blog a Happy and Prosperous 2019!
Yesterday, the United States Court for the District of Delaware provided an update on its case assignments and Magistrate Judges utilization plan in light of the last week’s retirement of Judge Gregory M. Sleet.
The update advised that, with few exceptions, all open cases that were formerly assigned to Judge Gregory M. Sleet (GMS docket) have been reassigned to one of the four active District of Delaware District Judges. Newly-filed cases are being assigned in essentially equal numbers to the four active District of Delaware District Judges: Chief Judge Leonard P. Stark (LPS docket), Judge Richard G. Andrews (RGA docket), Judge Colm F. Connolly (CFC docket), and Judge Maryellen Noreika (MN docket).
With respect to utilization of the three Magistrate Judges in the District of Delaware, going forward, in newly-filed cases, Chief Magistrate Judge Mary Pat Thynge will work with all four active District Judges. Magistrate Judge Christopher Burke will be paired with Chief Judge Stark and Judge Noreika, and Magistrate Judge Sherry Fallon will be paired with Judge Andrews and Judge Connolly. Each District Judge will determine how he or she will utilize the Magistrate Judges.
A copy of the District of Delaware’s Updated case assignment and Magistrate Judge utilization plan is attached.
Fox Rothschild LLP congratulates its partner, Greg Williams, for being included on the 2018 list of the “Most Influential Black Lawyers” by Savoy Magazine. This was Greg’s second time being selected to the prestigious list.
Greg is a trailblazer, trial attorney and litigator at Fox Rothschild LLP with more than 23 years of experience representing clients in business, intellectual property and real estate litigation. Greg is a former President of the Delaware State Bar Association, a former President of the Barristers’ Association of Philadelphia, Inc., and former Chair and member of the Delaware Judicial Nominating Commission. Greg also is the former Office Managing Partner of Fox Rothschild’s Wilmington Office and was the first African-American to serve as an Office Managing Partner and the first African-American to serve as a Member of the firm’s Executive Committee – the firm being more than 100 years old.
As author of the firm’s Delaware Intellectual Property Litigation blog, Greg analyzes and discusses intellectual property decisions rendered by the U.S. District Court for the District of Delaware.
Greg is a graduate of Villanova University School of Law and Millersville University.
The Honorable Colm F. Connolly and The Honorable Maryellen Noreika both were sworn in as District Judges on the United States District Court for the District of Delaware this week. They became the 26th and 27th individuals in the history of the Court to be appointed as District Judges.
The Court announced that Judges Connolly and Noreika will begin to be assigned new cases on August 15, 2018. The Court will be eliminating the Vacant Judgeship (“VAC”) docket. VAC cases that are currently assigned to a Magistrate Judge without consent of the parties to the jurisdiction of the Magistrate Judge will be reassigned to a District Judge – primarily Judges Connolly and Noreika. The Court also will be phasing out the regular assignment of cases to Visiting Judges. Cases that are currently assigned to a Visiting Judge will remain with the assigned Visiting Judge or may be reassigned to a Delaware District Judge – primarily Judges Connolly and Noreika.
The Court also announced that Senior Judge Sleet will be retiring from the bench at the end of September. All cases assigned to Judgle Sleet (“GMS”) will be reassigned primarily to Judges Connolly and Noreika by a date on or around Judge Sleet’s retirement. With the addition of Judges Connolly and Noreika, the Court is back to full strength.
A full copy of the Court’s Announcement is attached hereto.
By Memorandum Order entered by The Honorable Leonard P. Stark in North Atlantic Operating Co., Inc. et al. v. Dunhuang Group/d/b/a DHgate et al., Civil Action No. 18-154-LPS (D.Del. July 11, 2018), the Court granted in part Petitioners North Atlantic Operating Company, Inc. and National Tobacco Company, L.P.’s Motion to Compel Non-Party Dunhung Group d/b/a DHgate, DHlink, DHport, and DHpay to Comply with Plaintiffs’ Subpoena Duces Tecum (“Motion to Compel”) to the extent it requested the Court to transfer the Motion to Compel to the United States District Court for the Eastern District of Michigan. In so ordering, the Court found that “extraordinary circumstances exist in this case, such that transfer is warranted so as to not disrupt the issuing court’s management of the Underlying Action.” Id. at *3.
A copy of the Memorandum Order is attached.
The United States District Court for the District of Delaware has announced new procedures for assignment of cases to Senior Judge Gregory M. Sleet in light of Judge Sleet’s retirement from the bench during the fall of 2018 and two current District Judge vacancies on the Court. With respect to new civil cases, for the time being, Senior Judge Sleet will continue to draw a share of new civil cases equal to that of the Court’s active District Judges. The Court has begun the process of reassigning a portion of the civil cases currently on Judge Sleet’s docket – primarily those scheduled for trial in 2018. With respect to criminal cases, Judge Sleet will no longer be assigned new criminal matters beginning sometime in the spring of 2018. At and after that time, all new criminal cases will be assigned to the Court’s active District Judges.
In the announcement, the Court clarified that the procedures for the assignment of cases to the Vacant Judgeship docket (“VAC”) remain unchanged and no new visiting judges have been added to the list since the September 2017 announcement.
A copy of the Announcement is attached.
Happy New Year!