By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s
Continue Reading Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment of Non-Infringement for Failure to Establish Declaratory Judgment Jurisdiction
declaratory judgment
Judge Sleet Grants Amgen’s Motion to Dismiss Genetech’s Commercial Marketing Claim Without Prejudice
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By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-GMS (D.Del. April 17, 2018), the Court granted…
Continue Reading Judge Sleet Grants Amgen’s Motion to Dismiss Genetech’s Commercial Marketing Claim Without Prejudice
Judge Robinson Denies Non-Practicing Entity Defendant’s Motion to Dismiss Declaratory Judgment Action for Lack of Subject Matter Jurisdiction
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By Memorandum Order entered by The Honorable Sue L. Robinson in Draeger Medical Systems, Inc. v. My Health, Inc., Civil Action No. 15-248-SLR (D.Del., March 3, 2016), the Court…
Continue Reading Judge Robinson Denies Non-Practicing Entity Defendant’s Motion to Dismiss Declaratory Judgment Action for Lack of Subject Matter Jurisdiction
Chief Judge Stark Dismisses Parties’ Implied License Claims and Defenses Based on Lack of Subject Matter Jurisdiction
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By Memorandum Order entered by The Honorable Leonard P. Stark in S3 Graphics Co., Ltd. v. ATI Technologies ULC, et al., Civil Action No. 11-1298-LPS (D.Del., December 11, 2015),…
Continue Reading Chief Judge Stark Dismisses Parties’ Implied License Claims and Defenses Based on Lack of Subject Matter Jurisdiction
Chief Judge Sleet Grants Defendant’s Motion to Dismiss Declaratory Action Seeking Judgment of Non-Infringement
By Fox Rothschild LLP on
By Memorandum Order entered by Chief Judge Gregory M. Sleet in Woodbolt Distribution, LLC v. Natural Alternatives International, Inc., Civil Action No,. 11-1266-GMS (D.Del., January 23, 2013), the Court…
Judge Andrews Grants Customer Defendants’ Motion to Stay Patent Infringement Action Pending Resolution of Declaratory Judgment Action Filed Against Plaintiff by the Customer Defendants’ Supplier
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By Memorandum Opinion entered by the Honorable Richard G. Andrews in Pragmatus Telecom, LLC v. Advanced Store Company, Inc., et al., Civil Action No. 12-088-RGA (D.Del., July 10, 2012), …
JUDGE FARNAN DISMISSES MICROSOFT’S COMPLAINT BASED ON LACK OF SUBJECT MATTER JURISDICTION
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Judge Joseph J. Farnan, Jr. recently granted a motion filed by Defendant WebXchange Inc. (“WedXchange”) to dismiss the Complaint for Declaratory Judgment of Plaintiff Microsoft Corporation (“Microsoft”) because of lack of subject matter jurisdiction after concluding that no case or controversy existed between the parties sufficient to confer subject matter jurisdiction. I’ve attached a copy of the Court’s opinion (PDF).
By way of background, Microsoft filed its complaint seeking a declaratory judgment that its actions in connection with Microsoft MapPoint Web Services (“MapPoint”) and Microsoft Virtual Earth Web Services (“Virtual Earth”) did not infringe any of WebXchange’s patents-in-suit, and also, that the patents-in-suit were invalid and unenforceable.…