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.
Chief Judge Stark
Following ANDA Trial, Chief Judge Stark Finds Remaining Defendants’ Proposed Drug Products Infringe Asserted Claims of Patents-in-Suit Connected to Plaintiffs’ Eliquis® Product
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…
Civil and Criminal Jury Trials in the District of Delaware Will Not Resume Until At Least August 31, 2020 due to COVID-19
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. …
District of Delaware Adopts Re-Opening Guidelines and Will Commence Phase One Operations on June 17, 2020
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…
Chief Judge Stark Denies Defendants’ Motion Seeking Litigation Funding-Related Discovery in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. AT&T Corp. et al., Civil Action No. 11-338-LPS (D.Del. June 12, 2020), the Court denied the motion of Defendants AT&T Corp., AT&T Services Inc. and SBC Internet Services, Inc. (collectively, “AT&T”) seeking to compel certain litigation funding-related discovery…
Chief Judge Stark Finds that Defendant Hospira Does Not Infringe Plaintiff Belcher’s Patent-in-Suit and Patent is Invalid and Unenforceable
By Gregory B. Williams on
By Opinion entered by The Honorable Leonard P. Stark in Belcher Pharmaceutical, LLC v. Hospira, Inc., Civil Action No. 17-775-LPS (D.Del. March 31, 2020), following a two day bench trial and post-trial briefing in the action filed by plaintiff Belcher under the Hatch-Waxman Act as a result of defendant Hospira’s attempt to bring to…
Chief Judge Stark Issues Rulings on Parties Various Motions in Limine in Patent Action Scheduled to Begin Trial Next Week
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Leonard P. Stark in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al., Civil Action No. 17-275-LPS-CJB (D.Del. February 27, 2020), the Court rendered its rulings on five of the six motions in limine filed by the parties in preparation for the trial scheduled…
Three Delaware Attorneys Added by Court to Special Masters Panel in Complex Civil Cases in District of Delaware
By Order entered by Chief Judge Leonard P. Stark on January 31, 2020, the United States District Court for the District of Delaware added three Delaware attorneys to its Special Masters Panel in complex civil cases. The three Delaware attorneys added are Helena Rychlicki, Chad Stover and Gregory B. Williams (partner at Fox Rothschild LLP…
Chief Judge Stark Grants Defendants’ Motion to Dismiss in Part Finding Claims of One of the Patents-in-Suit Directed to Patent Ineligible Subject Matter
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S, et al., Civil Action No. 18-1949-LPS-CJB (D.Del. September 19, 2019) the Court granted Defendants’ motion to dismiss in part and denied it in part. In doing so, the Court found that claims 1-9, 16, 17 and 21…
Chief Judge Stark Overrules Parties’ Objections, Adopts Judge Burke’s Order Denying Defendants’ Motion to Stay Pending Arbitration and Denies Plaintiff’s Motion to Enjoin Arbitration
By Gregory B. Williams on
Posted in Intellectual Property, Patent Actions
By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Co. v. Dollar Shave Club, Inc. et al., Civil Action No. 15-1158-LPS-CJB (D.Del. August 7, 2017), the Court overruled the parties’ objections to the Memorandum Order issued on March 7, 2017 by Magistrate Judge Burke denying defendants’ motion to stay the…