By Memorandum Order entered by The Honorable Maryellen Noreika in New Balance Athletics, Inc. v. USA New Bunren International Co. Ltd., LLC, Civil Action No. 17-1700 (MN), the Court denied Defendant New Bunren’s motion for partial reconsideration of the Court’s prior ruling concluding that Plaintiff New Balance Athletics was entitled to statutory damages under

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. 

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

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

Due to public safety concerns caused by COVID-19, by Standing Order entered by Chief Judge Leonard P. Stark dated July 16, 2020, the United States District Court for the District of Delaware continued all civil and criminal jury selections and jury trials scheduled to begin before August 31, 2020 until further order of the Court. 

Although I typically blog on intellectual property and antitrust cases in federal court in Delaware, attached for readers of the Delaware Intellectual Property Litigation Blog are links to two articles that I recently co-authored and published on (1) obtaining temporary restraining orders and preliminary injunctions in Delaware Chancery Court and (2) adjudicating business disputes in

By Order dated June 15, 2020 and issued by Chief Judge Stark, the United States District Court for the District of Delaware issued and adopted its re-opening guidelines that includes four phases of re-opening. Phase One of the re-opening will commence on Wednesday, June 17, 2020.

Phase One involves the court’s initial emergence from strict

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