By Memorandum Order entered by The Honorable Christopher J. Burke in McRo, Inc. d/b/a Planet Blue v. Bethesda Softworks LLC, Civil Action No. 12-1509-LPS-CJB (D.Del., May 1, 2014) (consolidated), the Court denied Defendants’ motion to stay without prejudice to renew the motion after the United States Patent and Trademark Office decision on whether to grant Defendant Naughty Dog’s petition for inter partes reexamination of the patents-in-suit.

A copy of the Memorandum Order is attached.

By Report and Recommendation entered in Fuisz Pharma LLC v. Theranos, Inc., Civil Action No. 11-1061-SLR-CJB (D.Del., May 18, 2012), the Honorable Christopher J. Burke recommends that the Court grant the motion of defendant Theranos to dismiss, stay or transfer in part by transferring the case to the United States District Court for the Northern District of California. Specifically, Judge Burke recommends that the Court find that the first-filed rule applies, that the action filed by Theranos and its founder on October 26, 2011 against Fuisz Pharma and individual members of the Fuisz family in the United States District Court for the Northern District of California be considered the first-filed action, and that the patent infringement action filed by Fuisz Pharma on November 1, 2011 in the United States District Court for the District of Delaware be transferred to the Northern District of California. See id. at 8-35.

Of significant distinction in this matter appears to be the fact that the previously filed California action includes inventorship claims asserted under the Patent Act by Theranos alleging that the Fuisz defendants allegedly misappropriated Theranos’ and its founder’s confidential information and used that information to obtain the patent-in-suit in both actions, U.S. Patent No. 7,824,612 (the “’612 patent”), without crediting Theranos and its founder as the true inventors.  See id. at 2-3. 

A complete copy of the Report and Recommendation is attached.
 

By Report and Recommendation entered by The Honorable Christopher J. Burke in Eastman Chemical Co. v. Alphapet Inc., et al., Civil Action No. 09-971-LPS-CJB (D.Del., November 10, 2011), the Court granted in part defendants’ Rule 12(b)(6) motion to dismiss the breach of contract and trade secret misappropriation claims asserted by Plaintiff. The Complaint alleged claims against two of the five defendants for patent infringement, a breach of contract claim against four of the five defendants, and a claim of misappropriation of trade secrets against all five defendants. Id. at 1. The Court granted defendants’ motion to dismiss in part by dismissing without prejudice the breach of contract claim against one of the two defendants it was asserted against and dismissing any claim of breach of implied contract against all defendants. Id. at 2. Defendants’ motion was denied in all other respects. Id.

A copy of the Report and Recommendation of Magistrate Judge Burke is attached hereto.
 

By Memorandum Order entered by The Honorable Christopher J. Burke in Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civil Action No. 11-465-LPS-CJB (D.Del., September 26, 2011), the Court granted Plaintiff Kone Corporation’s motion for leave to take expedited discovery in connection with its pending motion for a preliminary injunction. The Court did modify and limit the scope of the expedited discovery granted. Id. at 16.

A copy of the Memorandum Order is attached.
 

Continue Reading Magistrate Judge Burke Grants Plaintiff’s Motion for Expedited Discovery

Christopher J. Burke has been chosen by the Judges of the United States District Court for the District of Delaware to fill the existing vacant U.S. Magistrate Judge position on the Court.  Chris is currently an Assistant United States Attorney for the District of Delaware.   Chris is a 2000 graduate of the University of Michigan Law School.

A link to the Court’s announcement about the selection is attached.