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
motion to dismiss
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…
Judge Connolly Denies Defendants’ Motions to Dismiss Asserting Patent-Ineligible Subject Matter
By Gregory B. Williams on
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 Adopts the Recommendations of Magistrate Judge Burke to Deny Defendant’s Motion to Dismiss Plaintiff’s Lanham Act and Unfair Competition Claims
By Gregory B. Williams on
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…
Judge Connolly Grants Defendant’s Motion to Dismiss Eight Counts of Plaintiffs’ Direct Infringement Claims for Failure to Satisfy Iqbal/Twombly Pleading Standard
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Boston Scientific Corp. et al. v. Nevro Corp., Civil Action No. 18-0644-CFC (D.Del. November 25, 2019), the Court granted Defendant’s Motion to Dismiss with respect to Plaintiffs’ claims for direct infringement under 35 U.S.C. § 271(a) in Counts I through VII and IX…