By Memorandum Opinion entered by The Honorable Colm F. Connolly in HIP, Inc. v. Hormel Foods Corp. et al., Civil Action No. 18-1615-CFC (D.Del. June 24, 2019), the Court granted Defendants Motion for Summary Judgment of Indefiniteness and declaring U.S. Patent Number 9,510,610 (“the ‘610 patent”) invalid under 35 U.S.C. § 112. The ‘610

By Opinion entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC et al. v. Gilead Sciences, Inc., Civil Action No. 14-846-LPS (D.Del. February 16, 2018), the District Court granted in part Defendant Gilead Sciences, Inc.’s renewed motion for judgment as a matter of law (“JMOL Motion”) after finding that the asserted claims

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Enzo v. Gen-Probe Inc., Civil Action No. 12-104-LPS (consolidated) (D.Del., June 28, 2017), the Court granted the motion of defendants Gen-Probe Incorporated and Hologic, Inc. for summary judgment of invalidity of U.S. Patent No. 6,992,180 (“the ‘180 patent”) on nonenablement grounds. In doing

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Amgen Inc. v. Hospira, Inc., Civil Action No. 15-839-RGA (D.Del., November 30, 2016), the Court issued its claim constructions for the two phrases in dispute in claims 1 and 8 of U.S. Patent No. 5,856,298 (“the ‘298 patent”) and found that claim 8

By Memorandum Order entered by The Honorable Sue L. Robinson in Cox Communications Inc., et al. v. Sprint Communications L.P., et al., Civil Action No. 12-487-SLR (D.Del., May 15, 2015), the Court granted plaintiffs’ for partial summary judgment upon concluding that the limitation “processing system” contained in the claims of the patents-in-suit is indefinite

By Memorandum Opinion entered by The Honorable Richard G. Andrews in EON Corp. IP Holdings, LLC v. FLO TV Incorporated, et al., Civil Action No. 10-812-RGA (D.Del., March 4, 2014), the Court granted Defendants’ Motion for Summary Judgment Based on Invalidity after finding that eight terms of the patent-in-suit, U.S. Patent No. 5,663,757 (“the

By Order, dated September 22, 2011, and Opinion later entered explaining the Court’s reasoning by The Honorable Leonard P. Stark, in Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., Civil Action No. 09-598-LPS (D.Del., September 26, 2011, unsealed October 4, 2011), the Court granted the motion of defendants Broetje Automation-USA, Inc. and Bröetje-Automation GMBH (collectively, “Broetje”) for partial summary judgment of invalidity for failure to disclose the best mode as required by 35 U.S.C. § 112 ¶ 1.

A copy of the Court’s Opinion is attached.
 


Continue Reading

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in the consolidated patent infringement action, Aventis Pharma S.A., et al. v. Hospira, Inc., C.A. No 07-721-GMS and Aventis Pharma S.A., et al. v. Apotex, Inc., C.A. No. 08-496-GMS (D.Del., September 27, 2010), the Court concluded, among other things, that (1) claims 2 and 10 of the ‘561 patent are invalid due to indefiniteness; (2) all asserted claims of the patents-in-suit are invalid due to obviousness; and (3) the asserted claims are unenforceable due to inequitable conduct. Id. at 2. The Court made its ruling following a seven day bench trial and post-trial submissions by the parties.

A complete copy of the Memorandum Opinion is attached.
 


Continue Reading