Intellectual Property Law

Judge Joseph J. Farnan, Jr.: Contempt Motion or DJ Action?

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

In response to a contempt motion filed by nCube Corporation alleging that SeaChange violated the permanent injunction by developing a redesigned product that also infringes the patent-in-suit, SeaChange filed a declaratory judgment complaint requesting that the Court find its new product does not infringe the patent-in-suit. nCube Corporation v. Seachange Int'l Inc., C.A. Nos. 01-011-JJF, 09-573-JJF, Memo. Order (D. Del. June 4, 2010). nCube then moved to stay the declaratory judgment action pending its motion for contempt. Id. at 2. The Court found that the "most efficient means of addressing the parties current dispute is to stay" the declaratory judgment action until a determination is made whether contempt proceedings are appropriate. Id. at 6.

Full post as published by Delaware IP Law Blog on June 14, 2010 (boomark / email).