By Memorandum Order entered by The Honorable Richard G. Andrews in Ingevity Corp. et al. v. BASF Corp., Civil Action No. 18-1391-RGA (D.Del. October 21, 2020), the Court denied Plaintiff Ingevity’s motion to exclude all or portions of the testimony of two experts of Defendant BASF on the basis of Daubert without prejudice to
Antitrust and Patent Misuse
Chief Judge Sleet Rules That Plaintiffs’ ‘932 Patent Is Not Invalid for Obviousness-Type Double Patenting
By Memorandum Opinion entered by Chief Judge Gregory M. Sleet, following a five-day bench trial, in Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., et al., Civil Action No. 08-335-GMS (D.Del., July 28, 2011), the Court set forth its findings of fact and conclusions of law and entered judgment in…
Judge Stark Denies Defendants’ Motion to Amend to Add Antitrust Counterclaim
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Magnetar Technologies Corp, et al. v. Six Flags Theme Parks Inc., et al., Civil Action No. 07-127-LPS (D.Del., February 18, 2011), the Court denied the motion for leave to amend answer to add a counterclaim filed by defendants Busch Entertainment Corp., Cedar Fair…
Judge Thynge Requires Abbott to Produce a 30(b)(6) Witness to Testify with Knowledge of both Abbott and Its Foreign Subsidiary, Fournier
By Gregory B. Williams on
Posted in Antitrust and Patent Misuse, District of Delaware
By Memorandum Order entered by The Honorable Mary Pat Thynge in Ethypharm S.A. France v. Abbott Laboratories, C.A. No. 08-126-SLR-MPT (D.Del., November 15, 2010), the Court granted, in part, plaintiff Ethypharm’s Motion to Proceed on Certain Discovery Matters under the Federal Rules of Civil Procedure Rather than Under the Hague Convention and ordered that…
Judge Thynge Denies Motion to Bifurcate Parties’ Damages Claims in Patent Action
By Memorandum Order entered by The Honorable Mary Pat Thynge in Masimo Corporation v. Philips Electronics North America Corporation, et al., Civil Action No. 09-80-LPS-MPT (October 6, 2010), the Court denied defendants’ motion to bifurcate the issues of liability and damages with respect to the parties’ infringement claims and to stay discovery on the issue…
Judge Stark Sworn-In As A U.S. District Judge
On August 16, 2010, the Honorable Leonard P. Stark was sworn-in as a U.S. District Judge for the United States District Court for the District of Delaware. According to the Court’s website, a formal ceremony will be held in the future. Many of the cases that were previously assigned to Judge Joseph J. Farnan, Jr. (retired) have begun to be reassigned to…
Judge Stark Elevated to District Court Judge
The U.S. Senate confirmed the Honorable Leonard P. Stark as a district court judge on the United States District Court for the District of Delaware. The confirmation elevates Judge Stark from a magistrate judge to a district court judge. Given the retirement of the Honorable Joseph J. Farnan, Jr. last week, the Court still has one vacant district…
Magistrate Judge Stark Moves Closer To Filling One Of The District Court Judge Vacancies
On Thursday, May 13, 2010, the Senate Judiciary Committee unaminously approved the nomination of U.S. Magistrate Judge Leonard P. Stark to become a district judge. Thus, Judge Stark’s nomination now moves to the full Senate for consideration. Judge Stark has been serving as a Magistrate Judge on the U.S. Court for the District of Delaware since…
Judge Leonard P. Stark Nominated for U.S. District Court for the District of Delaware
Today, the White House issued a press release advising that President Obama has nominated Judge Leonard P. Stark to fill one of the current vacancies on the United States District Court for the District of Delaware. Judge Stark has been serving as a Magistrate Judge on the Court since 2007. A copy of the press release is…