By Memorandum entered by The Honorable Richard G. Andrews in M2M Solutions LLC et al. v. Sierra Wireless America, Inc. et al., Civil Action No. 14-1102-RGA (D.Del. March 31, 2021), the Court granted Defendants’ motion for summary judgment of noninfringement of U.S. Patent No. 8,648,717 (“the ‘717 Patent”) with respect to the “exclusive set
Judge Andrews
Judge Andrews Issues Markman Opinion Construing Remaining Terms in Dispute in Four Patents-in-Suit in Infringement Action Involving Patents on Surgical Tools
By Gregory B. Williams on
By Memorandum Opinion entered in Conformis, Inc. v. Medacta USA, Inc., Civil Action No. 19-1528-RGA (D.Del. March 4, 2021), The Honorable Richard G. Andrews construed the remaining terms in dispute in the four (4) patents-in-suit, U.S. Patent Nos. 8,377,129 (“the ‘129 patent”), 8,460,304 (“the ‘304 patent”), 9,186,161 (“the ‘161 patent”), and 9,295,482 (“the ‘482 patent”),…
Judge Andrews Grants Defendant’s Motion to Strike Plaintiff’s Untimely Disclosed Theories of Patent Infringement in Opening Expert Report
By Gregory B. Williams on
By Memorandum entered by The Honorable Richard G. Andrews in Viatech Technologies, Inc. v. Microsoft Corp., Civil Action No. 17-570-RGA (D.Del. February 19, 2021), the Court granted Defendant’s motion to strike barring Plaintiff from asserting, and its expert from opining on (1) any theory under the doctrine of equivalents (“DOE”) other than for the…
Judge Andrews Issues Markman Opinion Construing Five Remaining Terms in Dispute in Six Patents-in-Suit in Hatch-Waxman Action
By Gregory B. Williams on
By Memorandum Opinion entered in Allergan USA, Inc. et al. v. Aurobindo Pharma Ltd., et al., Civil Action No. 19-1727-RGA (D.Del. January 11, 2021), The Honorable Richard G. Andrews construed the five (5) remaining terms in dispute in the six (6) patents-in-suit, U.S. Patent Nos. 8,691,860 (“the ‘860 patent”), 9,115,091 (“the ‘091 patent”), 9,364,489 (“the…
Judge Andrews Denies Plaintiff’s Motion to Reconsider Prior Order Dismissing All Counts of Complaint with Prejudice
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Dr. Laskhmi Arunachalam v. Citigroup Inc. et al., Civil Action No. 14-373-RGA (D.Del. December 4, 2020), the Court denied the motion of plaintiff to reconsider its prior order dismissing all counts of the complaint with prejudice. The order in question held that plaintiff…
Judge Andrews Denies Without Prejudice Plaintiff’s Daubert Motion to Exclude Testimony of Defendant’s Experts in Support of Patent Misuse Defense
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Ingevity Corp. et al. v. BASF Corp., Civil Action No. 18-1391-RGA (D.Del. October 21, 2020), the Court denied Plaintiff Ingevity’s motion to exclude all or portions of the testimony of two experts of Defendant BASF on the basis of Daubert without prejudice to…
Judge Andrews Finds Plaintiff Failed to Plead a Plausible Trade Secret Misappropriation Claim
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Lithero, LLC v. AstraZeneca Pharmaceuticals LP, Civil Action No. 19-2320-RGA (D.Del. August 13, 2020), the Court found that Plaintiff failed to plead a plausible trade secret misappropriation claim under the federal Defend Trade Secrets Act (“DTSA”) despite the fact that the Court had…
Judge Andrews Grants Defendants’ Motion for Summary Judgment on Plaintiffs’ Claims of False Advertising
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for Summary Judgment after finding that no reasonable jury could conclude that Defendants’ advertisements were literally false and Plaintiffs’ breach…
Judge Andrews Grants Defendants’ Motion to Dismiss Willfulness and Contributory Infringement Claims in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC et al., Civil Action No. 19-2157-RGA (D.Del., May 5, 2020), the Court granted Defendants’ partial motion to dismiss in part by dismissing the willfulness and contributory infringement claims asserted in Plaintiff’s amended complaint.
Plaintiff’s amended complaint…
Judge Andrews Grants Defendant’s Motion to Dismiss After Finding the Asserted Claims of the Patents-in-Suit are Patent-Ineligible Under Alice Analysis
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim on the basis that plaintiff’s complaint failed to state a claim because the asserted…