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
motion to dismiss
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…
District of Delaware Concludes that ICON’s Alleged Claims Against Peleton for Statements Concerning “Innovation” Fail to State a Claim under the Lanham Act
By Gregory B. Williams on
By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. v. ICON Health & Fitness, Inc., Civil Action No. 20-662-RGA (D.Del. May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. In doing so, among other things, the Court…
Chief Judge Stark Denies Defendants’ Motions to Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due to the Use of AUTOSTAR Communication Technology in Defendants’ Vehicles
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to dismiss Plaintiff’s complaints asserting infringement of U.S. Patent Nos. 9,705,765 (“the ‘765 patent”), 10,002,036 (“the ‘036 patent”), 10,031,790…
Chief Judge Stark Allows a Portion of Defendants’ Counterclaim and Affirmative Defense of Inequitable Conduct to Proceed After Considering Plaintiffs’ Motion to Dismiss and Motion to Strike
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Leonard P. Stark in Diebold Nixdorf, Inc. et al. v. Hyosung TNS, Inc. et al., Civil Action No. 19-1695-LPS (D.Del. March 4, 2021), the Court granted in part and denied in part Plaintiffs’ motion to dismiss Defendants’ counterclaim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and…
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 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
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 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…