By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. v. Earbuds Inc., Civil Action No. 21-120-MN (D.Del. October 14, 2021), the Court denied plaintiffs Vertigo Media, Inc. and Remote Media LLC’s motion for preliminary injunction in their action against defendant Earbuds Inc. claiming infringement of several claims of
District of Delaware
Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and Reversing-in-Part Findings and Awards Below by the District of Delaware in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Opinion entered on appeal from the United States District Court for the District of Delaware in SRI International, Inc. v. Cisco Systems, Inc., Case 20-1685 (Fed. Cir. September 28, 2021), the Federal Circuit reinstated the trial jury’s finding of willful infringement, affirmed the district court’s grant of attorneys’ fees and reinstated the…
Judge Noreika Denies Plaintiffs and Defendants’ Respective Motions for Summary Judgment on Infringement/Non-Infringement in Trademark Infringement Action and Grants-in-Part Defendants’ Motion with Respect to Actual Damages
By Gregory B. Williams on
By Memorandum Order entered by the Honorable Maryellen Noreika in Apex Clearing Corp. v. Axos Financial Inc. et al., Civil Action No. 19-2066-MN (D.Del. September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for…
Judge Stark Grants Defendants’ Motion for Summary Judgment of Noninfringement of the Asserted Patent Claims
By Gregory B. Williams on
By Memorandum Order entered by the Honorable Leonard P. Stark in Baker v. Alpha Consolidated Holdings, Inc. et al., Civil Action No. 18-976-LPS (D.Del. September 17, 2021), the Court granted the combined motion for summary judgment of noninfringement of Defendants Alpha Consolidated Holdings, Inc. and Illinois Tool Works Inc. d/b/a Gumout with respect to…
Federal Court Rules that Artificial Intelligence Cannot Be an Inventor under the Patent Act
By Gregory B. Williams on
Although this blog typically focuses on decisions rendered in intellectual property and/or antitrust cases currently in or that originated in the United States District Court for the District of Delaware or are in the Federal Circuit, every now and then there is a decision rendered in another federal trial or appellate court that is significant…
Happy Labor Day!
By Gregory B. Williams on
Happy Labor Day!
Judge Andrews Denies Defendant’s Motion to Dismiss Plaintiff’s Allegations of Direct Infringement
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Express Mobile, Inc. v. Squarespace, Inc., Civil Action No. 20-1163-RGA (D.Del. August 25, 2021), the Court, inter alia, denied Defendant’s motion to dismiss Plaintiff’s claims of direct infringement.
By way of background, Plaintiff’s complaint alleges that Defendant infringes U.S. Patent Nos. 6,546,397…
Chief Judge Connolly Issues Comprehensive Opinion Setting Forth Court’s Findings of Fact and Conclusions of Law on Infringement Claims and Invalidity Defenses as to Patents-in-Suit Following ANDA Trial
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Pharmacyclics LLC et al. v. Alvogen Pine Brook LLC et al., Civil Action No. 19-0434-CFC-CJB (D.Del. August 19, 2021), the Court set forth its findings of fact and conclusions of law on the asserted infringement claims and invalidity defenses with respect to U.S.…
Judge Stark Grants Plaintiffs’ Motion in Limine to Preclude Trial Testimony from Defendants’ CEO
By Gregory B. Williams on
By Memorandum Order entered by the Honorable Leonard P. Stark in SZ DJI Technology Co., Ltd. et al. v. Autel Robotics USA LLC et al., Civil Action No. 16-706-LPS (Consolidated) (D.Del. August 4, 2021), the District of Delaware granted Plaintiffs’ motion in limine No. 1 to preclude the trial testimony of certain fact witnesses…
Judge Andrews Denies Defendant’s Motion to Exclude Plaintiff’s Expert Witness Testimony Relating to the Testing of the Accused Infringing Products
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc., Civil Action No. 13-1835-RGA (D.Del. July 14, 2021), the Court denied Defendant’s motion to exclude the testimony of Plaintiff’s expert witness relating to the testing of the accused infringing products with regard to the Family 4 Patents. …