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
Motion to Strike
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…
Chief Judge Stark Overrules Plaintiff’s Objections and Adopts the Order of Magistrate Judge Hall Denying Plaintiff’s Requests to Strike and Preclude Use of Certain Evidence at Trial
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in 3Shape A/S v. Align Technology, Inc., Civil Action No. 18-886-LPS (D.Del. February 1, 2021), the Court overruled the objections of Plaintiff 3Shape contending that Judge Hall misapplied the Pennypack factors when she, by Oral Order dated January 9, 2021, denied 3Shape’s requests to…
Judge Andrews Grants Defendants’ Motion to Exclude a Portion of Plaintiff’s Damages Expert’s Opinion in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp., Civil Action No. 16-153 – RGA (D.Del. October 18, 2019), the Court granted Defendants’ motion to exclude a portion of Plaintiff’s damages expert’s opinion relating to a 5% royalty rate after finding that (1) the opinion failed…
Chief Judge Stark Denies Defendants’ Motion to Strike Plaintiff’s Reply Expert Report in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in Masimo Corp. v. Philips Electronic North America. Corp. et al., Civil Action No. 09-90-LPS-MPT (D.Del., August 15, 2016), the Court denied Defendants’ motion to strike the reply expert report of Plaintiff’s reply expert, Dr. Quill. The Court reasoned that Dr. Quill’s reply expert…
Judge Andrews Grants Defendant’s Motion to Strike Plaintiffs Expert’s Reply Infringement Report With Respect to New Infringement Theory Asserted Therein
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Richard G. Andrews in HSM Portfolio LLC, et al. v. Elpida Memory Inc., et al., Civil Action No. 11-770-RGA (D.Del., February 11, 2016), the Court, among other things, granted Defendant’s motion to strike (D.I. 1049) with respect to the new infringement theory for the ‘949 patent raised…
Judge Robinson Strikes Unnecessary and Scandalous Material about Patent Inventor from Defendant’s Answer to Complaint Alleging Patent Infringement
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Vite Technologies, LLC v. Smith & Nephew, Inc., Civil Action No. 14-1507-SLR (D.Del., July 23, 2015), the Court granted Plaintiff’s Motion to Strike a number of the paragraphs of the affirmative defenses and counterclaims contained in Defendant’s Answer that referred to a disciplinary…
Judge Fallon Strikes Plaintiff’s Opening Summary Judgment and Daubert Papers Due to Plaintiff’s Violation of Page Limitation on Briefs
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Sherry R. Fallon in Monec Holdings AG v. Motorola Mobility, Inc., et al., Civil Action No. 11-798-LPS-SRF (D.Del., September 5, 2014), the Court granted the motion of defendants HTC Corporation and HTC America, Inc. (collectively, “HTC”) to strike the opening summary judgment and Daubert filings of plaintiff…
Judge Robinson Grants Defendant’s Motion to Strike Portion of Plaintiff’s Answer to Counterclaims in Patent Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Sue L. Robinson in Netgear, Inc. v. Ruckus Wireless, Inc., Civil Action No. 10-999-SLR (D.Del., October 2, 2013), the Court granted Defendant Ruckus Wireless, Inc.’s motion to strike paragraph 10 of plaintiff’s answer to defendant’s counterclaims because the material contained in paragraph 10 went far beyond the…
Judge Stark Grants Softview’s Motion to Strike Defendants Apple and AT&T Mobility’s Inequitable Conduct Defenses
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Leonard P. Stark in Softview LLC v. Apple, Inc. and AT&T Mobility LLC, Civil Action No. 10-389-LPS (D.Del., September 30, 2011), the Court granted plaintiff Softview’s motion to strike the original and proposed amended inequitable conduct defenses of defendants Apple and AT&T Mobility because both the original…