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By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Mirtech, Inc. et al., Civil Action No. 16-662-MN-SRF (D.Del. January 2, 2019), the Court overruled-in-part and sustained-in-part Plaintiff’s objections to Magistrate Judge Sherry Fallon’s Claim Construction Report and Recommendation (D.I. 247). The Court ultimately entered its Markman ruling construing seven (7) disputed claims in the patents-in-suit, U.S. Patent Nos. 6,017,849, 6,313,068 and 9,394,216.

Copies of the Memorandum Opinion and Order are attached.

By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Invensas Corporation v. Samsung Electronics Co., Ltd. et al., Civil Action No. 17-1363-MN (D.Del. November 16, 2018), the Court entered its Markman ruling construing three (3) terms in dispute in U.S. Patent Numbers 6,232,231 (“the ‘231 Patent”) and 6,849,946 (“the ‘946 Patent”).

Ultimately, the Court agreed with Plaintiff Invensas’s proposed construction for all three (3) terms in dispute finding (1) the terms “substantially planar” and “substantially co-planar” are not indefinite and that, based on the specification, a person of ordinary skill in the art (“POSA”) would understand the term “substantially planar” means “substantially flat” and the term “substantially co-planar” means “substantially at the same elevation”; (2) the specification, when read in its entirety, discloses that “dummy connectors” may be connected to a power supply or ground, but does not require that they be connected to a source that can supply a power or ground voltage as Samsung’s proposed construction would require; and (3) the term “plurality of laterally spaced dummy trenches” means “two or more dummy trenches arranged with spaces between their sides.” Id. at *5-9.

Copies of the Memorandum Opinion and Order are attached.

This is the first opinion that I have reviewed that was issued by Judge Noreika. The opinion is clear, concise, well-reasoned and easy to follow. Not an easy task to accomplish in the patent area. It appears that Judge Noreika is off to an excellent start on the bench.

By Memorandum Opinion and Order entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Hologic Inc. et al., Civil Action No. 16-894-LPS-CJB (D.Del. October 15, 2018), the Court entered its Markman ruling construing eight (8) terms in dispute in U.S. Patent No. 6,221,581 (“the ‘581 patent”).

Copies of the Memorandum Opinion and Order are attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Novartis Pharmaceuticals Corp. et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 17-389-RGA (D.Del. June 29, 2018), the Court rendered its Markman ruling construing three (3) terms in dispute in the asserted claims of U.S. Patent Nos. 8,778,962 (“the ‘962 patent”) and 8,617,598 (“the ‘598 patent”).

A copy of the Memorandum Opinion is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. Zyxel Communications, Inc. et al., Civil Action No. 13-02013-RGA (D.Del. May 8, 2018) (consolidated), the Court rendered its Markman ruling construing thirteen (13) disputed terms in U.S. Patent Nos. 7,796,705 (“the ‘705 patent”), 8,335,956 (“the ‘956 patent”), 8,407,546 (“the ‘546 patent”), 8,468,411 (“the ‘411 patent”), 8,595,577 (“the ‘577 patent”), and 8,645,784 (“the ‘784 patent”).

A copy of the Memorandum Opinion is attached.

By Order entered by The Honorable Gregory M. Sleet in Alarm.com, Inc., et al. v. Securenet Technologies, Civil Action No. 15-807-GMS (D.Del. April 6, 2018), the Court rendered its Markman ruling construing three (3) disputed terms and certain variants of one term in U.S. Patent Nos. 7,885,635 (“the ‘635 patent”), 8,073,931 (“the ‘931 patent”), 8,473,619 (“the ‘619 patent”), and 8,478,844 (“the ‘844 patent”).

A copy of the Markman Order is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman ruling construing eight (8) disputed terms in U.S. Patent Nos. 6,701,344 (“the ‘344 patent”), 6,714,966 (“the ‘966 patent”), 6,829,634 (“the ‘634 patent”), 6,910,069 (“the ‘069 patent”), 6,732,147 (“the ‘147 patent”), and 6,920,497 (“the ‘497 patent”).

A copy of the Memorandum Opinion is attached.

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling construing nine (9) disputed terms in U.S. Patent Nos. 8,603,044 (“the ‘044 patent”), 8,679,069 (“the ‘069 patent”), 8,992,486 (“the ‘486 patent”), 9,526,844 (“the ‘844 patent”), 9,533,105 (“the ‘105 patent”), 9,457,152 (“the ‘152 patent”), 9,592,348 (“the ‘348 patent”), 7,476,652 (“the ‘652 patent”), 7,713,930 (“the ‘930 patent”), and 9,604,008 (“the ‘008 patent”) . The patents-in-suit generally relate to a diabetes pharmaceutical, or to pen-type injectors used to administer the pharmaceutical. Id. at *1.

A copy of the Memorandum Opinion is attached.

By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff and defendant and adopted the recommended constructions of two disputed terms in U.S. Patent Nos. 7,947,295 (“the ‘295 patent”) and 8,921,337 (“the ‘337 patent”).

A copy of the Memorandum Order is attached.

By Order entered by The Honorable Leonard P. Stark in Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc. et al., Civil Action No. 16-187-LPS (D.Del. November 6, 2017), the Court rendered its Markman ruling construing twelve (12) disputed terms in U.S. Patent Nos. 6,814,921 (“the ‘921 patent”), 6,866,812 (“the ‘812 patent”), 7,166,253 (“the ‘253 patent”), 8,163,228 (“the ‘228 patent”), 9,079,490 (“the ‘490 patent”), 9,399,326 (“the ‘326 patent”), and 9,399,327 (“the ‘327 patent”) . The asserted patents generally relate to methods for manufacturing automotive fuel tanks. Specifically, they describe and claim processes known in the industry as “twin-sheet blow molding” or “TSBM.” Id. at *1.

A copy of the Markman Opinion is attached