By Memorandum Opinion entered by The Honorable Richard G. Andrews in Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 17-389-RGA (D.Del. June 29, 2018), the Court rendered its Markman ruling construing three (3) terms in dispute in the asserted claims of U.S. Patent Nos. 8,778,962 (“the ‘962 patent”) and 8,617,598 (“the ‘598 patent”).

A copy of the Memorandum Opinion is attached.

By Memorandum Order entered by The Honorable Leonard P. Stark in Siemens Industry, Inc. v. Westinghouse Air Brake Tech. Corp. et al., Civil Action No. 16-284-LPS (D.Del. June 20, 2018), the Court denied Plaintiff Siemens Industry, Inc.’s motion asking the Court to reconsider its construction of the terms “vital” and “safety critical” provided in the Court’s Memorandum Opinion and Order dated November 6, 2017. Defendants opposed the motion. Id. at *1.

Siemens argued that “reconsideration is required to correct certain factual and legal errors in the Court’s interpretation of the intrinsic and extrinsic evidence of record that resulted in erroneous constructions.” Id. at *2. Among other things, Siemens argued that, when the Court’s constructions are substituted for “vital” and “safety critical” in the claims, the claims no longer make grammatical sense. Id. at *3.

“Pursuant to Local Rule 7.1.5, motions for reconsideration should be granted ‘sparingly.’” Id. at *1. The Court noted that motions for reconsideration may be granted only if the movant can show one of the following: (i) there has been an intervening change in controlling law; (ii) new evidence is available that was not available when the court made its decision; and (iii) there is a need to correct a clear error of law or fact to prevent manifest injustice. Id. at *2. The Court did not find any reason warranting reconsideration and, therefore, denied Siemen’s motion. Id. at *3-4.

A copy of the Memorandum Order is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. Zyxel Communications, Inc. et al., Civil Action No. 13-02013-RGA (D.Del. May 8, 2018) (consolidated), the Court rendered its Markman ruling construing thirteen (13) disputed terms in U.S. Patent Nos. 7,796,705 (“the ‘705 patent”), 8,335,956 (“the ‘956 patent”), 8,407,546 (“the ‘546 patent”), 8,468,411 (“the ‘411 patent”), 8,595,577 (“the ‘577 patent”), and 8,645,784 (“the ‘784 patent”).

A copy of the Memorandum Opinion is attached.

By Order entered by The Honorable Gregory M. Sleet in Alarm.com, Inc., et al. v. Securenet Technologies, Civil Action No. 15-807-GMS (D.Del. April 6, 2018), the Court rendered its Markman ruling construing three (3) disputed terms and certain variants of one term in U.S. Patent Nos. 7,885,635 (“the ‘635 patent”), 8,073,931 (“the ‘931 patent”), 8,473,619 (“the ‘619 patent”), and 8,478,844 (“the ‘844 patent”).

A copy of the Markman Order is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman ruling construing eight (8) disputed terms in U.S. Patent Nos. 6,701,344 (“the ‘344 patent”), 6,714,966 (“the ‘966 patent”), 6,829,634 (“the ‘634 patent”), 6,910,069 (“the ‘069 patent”), 6,732,147 (“the ‘147 patent”), and 6,920,497 (“the ‘497 patent”).

A copy of the Memorandum Opinion is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling construing nine (9) disputed terms in U.S. Patent Nos. 8,603,044 (“the ‘044 patent”), 8,679,069 (“the ‘069 patent”), 8,992,486 (“the ‘486 patent”), 9,526,844 (“the ‘844 patent”), 9,533,105 (“the ‘105 patent”), 9,457,152 (“the ‘152 patent”), 9,592,348 (“the ‘348 patent”), 7,476,652 (“the ‘652 patent”), 7,713,930 (“the ‘930 patent”), and 9,604,008 (“the ‘008 patent”) . The patents-in-suit generally relate to a diabetes pharmaceutical, or to pen-type injectors used to administer the pharmaceutical. Id. at *1.

A copy of the Memorandum Opinion is attached.

By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff and defendant and adopted the recommended constructions of two disputed terms in U.S. Patent Nos. 7,947,295 (“the ‘295 patent”) and 8,921,337 (“the ‘337 patent”).

A copy of the Memorandum Order is attached.

By Order entered by The Honorable Leonard P. Stark in Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc. et al., Civil Action No. 16-187-LPS (D.Del. November 6, 2017), the Court rendered its Markman ruling construing twelve (12) disputed terms in U.S. Patent Nos. 6,814,921 (“the ‘921 patent”), 6,866,812 (“the ‘812 patent”), 7,166,253 (“the ‘253 patent”), 8,163,228 (“the ‘228 patent”), 9,079,490 (“the ‘490 patent”), 9,399,326 (“the ‘326 patent”), and 9,399,327 (“the ‘327 patent”) . The asserted patents generally relate to methods for manufacturing automotive fuel tanks. Specifically, they describe and claim processes known in the industry as “twin-sheet blow molding” or “TSBM.” Id. at *1.

A copy of the Markman Opinion is attached

 

By Order entered by The Honorable Richard G. Andrews in Blackbird Tech LLC d/b/a Blackbird Technologies v. Lenovo (United States) Inc., Civil Action No. 16-140-RGA (D.Del. June 19, 2017), the Court rendered its Markman ruling construing the remaining term in dispute in U.S. Patent No. 7,129,931 (“the ‘931 patent”) consistent with plaintiff’s proposed construction of the term. The ‘931 patent relates to a laptop computer with a dual-axis hinge for the monitor and a front-facing port. The remaining dispute in the claim construction was whether the term “port” in claim 1 includes a PC card slot or whether PC card slots were disclaimed during the prosecution of the patent. Id. at *6. After review of the prosecution history, the Court agreed with Plaintiff that PC card slots were clearly disclaimed. Id. at *7-10. Thus, the Court construed the term “port” as an “interface not including a PC card slot.” Id. at *10.

A copy of the Memorandum Opinion is attached.

 

By Order entered by The Honorable Gregory M. Sleet in Avid Technology, Inc. v. Harmonic Inc., Civil Action No. 12-627-GMS (D.Del. May 2, 2017), the Court rendered its Markman ruling construing three (3) disputed terms in U.S. Patent No. 5,495,291 (“the ‘291 patent”). The ‘291 patent relates to methods and apparatus for a video decompression system for decompressing consecutive streams of compressed video data to provide continuous, uninterrupted decompressed video data output stream.

A copy of the Markman Order is attached.