By Memorandum Opinion entered by The Honorable Gregory M. Sleet in LG Electronics U.S.A., et al. v. Whirlpool Corp., et al., Civil Action No. 10-311-GMS (D.Del., September 12, 2011)), the Court granted the motion of plaintiffs, LG Electronics U.S.A., Inc. and LG Electronics, Inc. (collectively “LG”), for leave of court to file a first amended complaint.

A complete copy of the Memorandum Opinion is attached.
 

Continue Reading Chief Judge Sleet Grants LG’s Motion to Amend Complaint

By Memorandum Opinion entered by the Honorable Sue L. Robinson in Ashai Glass Co., Ltd., et al. v. Guardian Industries Corp., Civil Action No. 09-515-SLR (D.Del., August 12, 2011), the Court denied the motion of defendant, Guardian Industries Corp., seeking to amend its affirmative defenses and counterclaims to assert new allegations of inequitable conduct against plaintiffs relating to concealing or misrepresenting the true inventorship of pending claims to the USPTO during the prosecution of the patents-in-suit.

A complete copy of the Court’s Memorandum Opinion is attached hereto.
 

Continue Reading Judge Robinson Denies Defendant’s Motion to Amend Its Affirmative Defenses and Counterclaims to Add New Allegations of Inequitable Conduct

By Memorandum Opinion entered by Chief Judge Gregory M. Sleet, following a five-day bench trial, in Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., et al.

Continue Reading Chief Judge Sleet Rules That Plaintiffs’ ‘932 Patent Is Not Invalid for Obviousness-Type Double Patenting

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Human Genome Sciences, Inc. v. Genentech, Inc., et al., C.A. No. 11-082-LPS (D.Del., July 18, 2011), the Court granted the motion of defendants, Genetech, Inc. and City of Hope, to transfer venue of three actions filed against them in the District of Delaware by plaintiff, Human Genome Sciences, Inc. (“HGS”), to the Central District of California. Id. at 1. The transferred actions involve claims asserted by HGS against defendants for declaratory judgment, antitrust and Lanham Act violations, and state tort claims based on two patents co-owned by defendants: U.S. Patent No. 6, 331,415 (the “Cabilly II patent”) and U.S. Patent No. 7,923,221 (the “Cabilly III patent”). Id.

A complete copy of the Memorandum Opinion is attached hereto.
 

Continue Reading Judge Stark Grants Defendants’ Motion to Transfer Venue to Central District of California

By Memorandum Opinion entered by the Honorable Sue L. Robinson in EON Corp. IP Holdings LLC v. FLO TV Inc., et al., Civil Action Action No. 10-812-SLR (D.Del., July

Continue Reading Judge Robinson Allows Eon’s Direct Infringement Claims to Proceed, But Dismisses Its Joint And Indirect Infringement Claims

By Memorandum Order entered by the Honorable Sue L. Robinson in Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civil Action No. 09-642-SLR (D.Del., June 8, 2011), the Court denied

Continue Reading Judge Robinson Finds That Neutrogena’s Challenged Advertisements Were Literally False But Denies Schering-Plough’s Motion for Permanent Injunction

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Nokia Corporation v. Apple Inc., Civil Action No. 09-791-GMS (D.Del., June 1, 2011), the Court denied plaintiff/counterclaim-defendant Nokia’s

Continue Reading Chief Judge Sleet Denies Nokia’s Motion to Stay Pending Reexamination of Apple’s Patents by USPTO

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. 

Continue Reading Christopher J. Burke Selected to Fill Existing Vacant U.S. Magistrate Judge Position

By Memorandum Order entered by The Honorable Sue L. Robinson in In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Civil Action No. 09-MD-2118-SLR (D.Del., May 20, 2011), the Court

Continue Reading Judge Robinson Grants Temporary Restraining Order Enjoining Mylan from Manufacturing, Using, Offering to Sell, or Selling Generic Drug