With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients, co-counsel, and others outside of Delaware to provide an update on the Courts’ operations in

By Memorandum Opinion entered by The Honorable Sue L. Robinson in Golden Bridge Technology, Inc. v. Apple Inc., et al., Civil Action No. 10-428-SLR (D.Del., April 9, 2013), the Court granted the motion for summary judgment of non-infringement of defendant Apple, Inc. (“Apple”) as to the asserted claims in U.S. Patent Nos. 6,574,267 C1

By Memorandum Order entered in Neology, Inc. v. Federal Signal Corp., et al., Civil Action No. 11-672-LPS-MPT (D.Del., September 21, 2012), the Honorable Mary Pat Thynge denied plaintiff’s motion for leave to file an early motion for partial summary judgment after finding that there was no good cause to modify the scheduling order. Leave of Court was required because the scheduling order provides that “no case dispositive motion may be filed at a time before” November 4, 2013, “[u]nless the Court directs otherwise.” Id. at 2.

Plaintiff sought leave to file its early motion for partial summary judgment because the Court, in denying plaintiff’s motion for preliminary injunction, adopted plaintiff’s proposed construction as to certain terms in two patents. Id. Defendants responded asserting, among other things, that plaintiff’s motion was based on a false premise that the case was done with respect to claim construction and infringement issues as to the claims at issue. Id. at 3.

In denying plaintiff’s motion for leave, the Court noted that, although it did adopt plaintiff’s proposed claim construction as to certain terms for the purpose of preliminary injunction, “a conclusion of law such as claim construction is subject to change upon the development of the record after a district court’s decision on a motion for preliminary injunction.” Id. at 4. Thus, the initial construction for purposes of the preliminary injunction was only tentative and subject to being revisited upon development of the full record. Id. 

A complete copy of the Memorandum Opinion is attached.

 


Continue Reading Magistrate Judge Thynge Denies Plaintiff’s Motion for Leave to File Early Motion for Partial Summary Judgment of Infringement

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.

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By Memorandum Order entered by The Honorable Sue L. Robinson, in Cephalon, Inc., et al. v. Sandoz Inc., Civil Action No. 10-123-SLR, the Court granted Cephalon’s motion to stay the proceedings in the instant action pending the Federal Circuit’s ruling on Cephalon’s appeal in the prior infringement action brought by Cephalon in the