By Memorandum Order entered by The Honorable Colm F. Connolly, in Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 20-0561-CFC (D.Del. January 7, 2021), the Court granted in part the motion of Defendants Hospira, Inc. and Pfizer, Inc. to stay Civil Action No. 20-0561 until 14 days after resolution of
Judge Connolly
Judge Connolly Grants in Part Defendant’s Motion to Dismiss Plaintiff’s Patent Infringement Claims on Grounds of Lack of Subject Matter Jurisdiction
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in ChromaDex, Inc. et al. v. Elysium Health, Inc., Civil Action No. 18-1434-CFC-JLH (D.Del. December 17, 2020), the Court granted in part and denied in part Defendant Elysium Health’s Rule 12(b)(1) motion to dismiss Plaintiff ChromaDex’s patent infringement claims after finding that (1) ChromaDex…
Judge Connolly Grants Plaintiffs’ Request to Preclude Defendant from Maintaining Its Invalidity Defense Based on An Undisclosed Inventorship Theory
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Colm F. Connolly in Pharmacyclics LLC et al. v. Cipla Limited, et al., Civil Action No. 18-192-CFC/CJB (D.Del. November 10, 2020) (Consolidated), the Court granted Plaintiffs’ request to preclude Defendant Sandoz from maintaining its theory that U.S. Patent No. 10,106,548 (“the ‘548 patent”) is invalid…
Judge Connolly Grants Defendants’ Motion to Dismiss Plaintiff’s Patent Infringement Claims in Part and Denies in Part
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part Defendants’ motion to dismiss Plaintiff’s fifteen (15) count complaint for failure to state a claim under Federal…
Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment of Non-Infringement for Failure to Establish Declaratory Judgment Jurisdiction
By Gregory B. Williams on
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…
Judge Fallon Finds Plaintiff’s Allegations of Induced Infringement of Certain Patents-in-Suit Deficient
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims of induced infringement asserted in Count I, Counts II through V, and Count VII…
Judge Connolly Denies Defendants’ Motions to Dismiss Asserting Patent-Ineligible Subject Matter
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Colm F. Connolly in Sound View Innovations, LLC v. Delta Air Lines, Inc., Civil Action No. 19-659-CFC (D.Del. April 3, 2020) (consolidated), the Court denied the Federal Rule of Civil Procedure 12(b)(6) motions to dismiss filed by Defendants in three actions. Defendants argued in support of their…
Judge Connolly Denies Defendant’s Motion to Amend Answer to Add Affirmative Defense that Patent-in-Suit is Unenforceable Due to Plaintiff’s Inequitable Conduct Before the PTO
By Gregory B. Williams on
Posted in Intellectual Property, Patent Infringement
By Memorandum Order entered by The Honorable Colm F. Connolly in Genentech, Inc. et al. v. Amgen, Inc., Civil Action No. 17-1407-CFC, Consol. (D.Del. February 12, 2020), the Court denied Defendant’s motion for leave to amend its First Amended Answer, Affirmative Defenses and Counterclaims to add an affirmative defense and counterclaim that U.S. Patent…
Three Delaware Attorneys Added by Court to Special Masters Panel in Complex Civil Cases in District of Delaware
By Order entered by Chief Judge Leonard P. Stark on January 31, 2020, the United States District Court for the District of Delaware added three Delaware attorneys to its Special Masters Panel in complex civil cases. The three Delaware attorneys added are Helena Rychlicki, Chad Stover and Gregory B. Williams (partner at Fox Rothschild LLP…
Judge Connolly Adopts the Recommendations of Magistrate Judge Burke to Deny Defendant’s Motion to Dismiss Plaintiff’s Lanham Act and Unfair Competition Claims
By Memorandum Order entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC (D.Del. January 24, 2020), the Court adopted the Report and Recommendation of Magistrate Judge Christopher J. Burke recommending that Judge Connolly deny in part and grant part Defendant’s motion to dismiss Plaintiff’s complaint. Defendant…