Intellectual Property Law

Chief Judge Gregory M. Sleet: Dismissal Granted Based on First-Filed Rule

By Karen E. Keller, Andrew A. Lundgren et al.

Chief Judge Sleet recently granted defendant Rymed Technologies, Inc.'s motion to dismiss a patent infringement suit, where Rymed had previously filed a declaratory judgment suit against the plaintiff in another district. Vygon v. Rymed Technologies, Inc., C.A. No. 08-172-GMS, Memo. Order (D. Del. March 31, 2009). Specifically, the other district court had already found that the other action was first-filed, that defendant had connections to that other forum and that its connections to Delaware were tenuous. Therefore, Judge Sleet adopted the findings of the Tennessee Court's Order and dismissed the case so as to avoid economic waste and duplicative litigation.

Vygon v. Rymed Technologies, Inc., C.A. No. 08-172-GMS, Memo. Order (D. Del. March 31, 2009).

Full post as published by Delaware IP Law Blog on April 13, 2009 (boomark / email).