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 motion to dismiss counts 3, 4, and 5 of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) after finding that Plaintiff failed to

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 defendant Amgen’s motion to dismiss the claim of plaintiffs Genetech and City of Hope (collectively “Genetech”) requesting a declaratory judgment that Amgen cannot market Mvasi™

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 denied the motion of defendant, My Health, Inc., seeking to dismiss the complaint in the declaratory judgment action on grounds that plaintiff, Draeger Medical Systems,

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), the Court dismissed without prejudice the parties’ declaratory judgment claims and affirmative defenses relating to the existence of an implied license. The Court concluded that

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 granted defendant’s motion to dismiss the complaint of plaintiff which sought a declaratory judgment of non-infringement and invalidity of U.S. Patent No. 8,067,381.  Of particular note was the fact that the same

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), the Court granted the motion of the customer defendants to stay the patent infringement actions against them pending resolution of the declaratory judgment action filed

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.


Continue Reading JUDGE FARNAN DISMISSES MICROSOFT’S COMPLAINT BASED ON LACK OF SUBJECT MATTER JURISDICTION