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Intellectual Property Law

Delaware IP Law Blog

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

Post Frequency: 3.4/day

Last Entry: March 31, 2011 at 16:14:54

Judge Robinson: Motion to exclude evidence DENIED where prejudice could be cured with limited additional discovery

Posted on June 10, 2010
In Intermec Technologies Corp. v. Palm Inc., C.A. No. 07-272-SLR (D. Del. June 7, 2010), Judge Robinson denied defendant/counter plaintiff Palm?s motion to exclude evidence related to plaintiff/counter defendant Intermec?s ?Trakker? product, which was disclosed as prior art invalidating Palm?s...

Judge Farnan: Attorney's Fees Denied in Microsoft v. WebXchange

Posted on June 04, 2010
Last year, we posted about a declaratory action brought by Microsoft against WebXchange, which Judge Farnan dismissed for lack of subject matter jurisdiction. There was no case or controversy, because WebXchange had not accused Microsoft of infringement, even though WebXchange...

Chief Judge Gregory M. Sleet: Markman Opinion

Posted on June 01, 2010
In a case involving a patent covering high performance diodes (electronic components), Chief Judge Sleet construed the following terms: - "semiconductor substrate of a first conductivity type" - "pedestal" - "on [the first substrate of] the substrate" - "side regions"...

Judge Stark: Failure to disclose intent to file rebuttal expert report results in finding of undue prejudice

Posted on May 28, 2010
In Biovail Laboratories International SRL v. Cary Pharmaceuticals Inc., C.A. No. 09-605-JJF-LPS, Judge Stark considered defendant?s motion to strike a supplemental expert declaration filed in support of plaintiff?s answering claim construction brief. Defendant argued that the supplemental declaration contained new...

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Judge Farnan: Motion to Strike Declaration of Expert Not Disclosed During Discovery DENIED

Posted on May 21, 2010
In The Dow Chemical Company v. Nova Chemicals Corp., C.A. No. 05-737-JJF (D. Del. May 20, 2010), after defendants' filed their motion for summary judgment, plaintiff submitted expert declarations in support of its counterstatement statement of facts opposing summary judgment...

Judge Robinson: Motion to Dismiss DENIED in case alleging that a prior patent litigation was sham litigation

Posted on May 20, 2010
Judge Robinson recently considered a motion to dismiss a complaint in an antitrust action that stemmed from a patent litigation that was voluntarily dismissed in 2004. Rochester Drug Co-operative v. Braintree Laboratories, C.A. No. 07-142-SLR (D. Del...

Judge Leonard P. Stark: Claim Construction (Report & Recommendation)

Posted on May 19, 2010
Magistrate Judge Stark construed the claim terms below in an ANDA patent infringement case related to the brand name Oracea� doxycycline capsules. The Resesarch Foundation of State University of New York v. Mylan Pharmaceuticals, L.P., C.A. No. 09-184-JJF-LPS, Report and...

Judge Sleet: Claim Construction Order

Posted on May 07, 2010
Softspikes LLC v. MacNeill Engineering Co, Inc., C.A. No. 08-469-GMS (D. Del. Apr. 29, 2010) U.S. Patent No. 6,052,923 1. Term: ?bearing portion substantially bears the weight of said user, substantially without said traction protrusions bearing said weight of said...

Judge Robinson: Motion to dismiss defendants' stayed counterclaims GRANTED and final judgment entered for purposes of appeal

Posted on May 07, 2010
In IGT v. Bally Gaming Int?l Inc., C.A. No. 06-282-SLR (D. Del. April 28, 2010), a patent infringement action, Judge Robinson considered plaintiff?s renewed motion to dismiss defendants? counterclaims related to antitrust, the Lanham Act and intentional interference with business...

Judge Farnan: Two-Phase Opinion Issued in LGD v. AUO

Posted on May 07, 2010
Judge Farnan recently issued an opinion in LG Display Co., Ltd. v. AU Optronics Corp., C.A. No. 06-726-JJF (D. Del. Apr. 30, 2010). LG Display ("LGD") had alleged infringement of four patents, while AU Optronics ("AU") counter-claimed for infringement of...

Special Master: Vincent J. Poppiti: Discovery Dispute over Production of Worldwide Sales Information

Posted on May 05, 2010
Special Master Poppiti ordered defendant Chi Mei Optoelectronics Corporation to produce its worldwide sales data and technical information because such information is relevant to: "(i) inducing infringement liability; (ii) determining direct infringers; (iii) commercial success; and (iv) a reasonable royalty...

Magistrate Judge Leonard P. Stark: R&R on Claim Construction

Posted on May 04, 2010
In a report and recommendation regarding claim construction on patented technology for processing debit card transactions, Magistrate Judge Stark construed the following claim terms: - "telecommunication means" - "debit styled card" - "debit purchase transactions" - "purchasing value of a...

Amended Local Rules Effective 4/30/2010

Posted on April 29, 2010
The District Court of Delaware has issued amended Local Rules (Civil) which become effective April 30, 2010. The majority of changes bring the Local Rules in line with the 2009 amendments to the Federal Rules of Civil Procedure that deal...

Magistrate Judge Mary Pat Thynge: Motion to Amend or Motion to Supplement?

Posted on April 27, 2010
In Masimo Corporation v. Philips Electronics North America Corporation, defendant Philips filed a motion for leave to amend its counterclaims pursuant to Federal Rule of Civil Procedure 15 to add a newly acquired patent. C.A. No. 09-80-JJF-MPT, Memo. Order (D...

Jury Verdict in Robert Bosch, LLC v. Pylon Manufacturing Corp.

Posted on April 27, 2010
A jury returned a mixed verdict on Friday, April 23, in the patent infringement suit between Robert Bosch, LLC v. Pylon Manufacturing Corp. C.A. No. 08-542-SLR, Verdict Sheet (D. Del. April 23, 2010). There were three patents-in-suit, all relating to...

Magistrate Judge Leonard P. Stark: Confirmation Hearing Held

Posted on April 26, 2010
As we previously mentioned in an earlier blog post, Magistrate Judge Leonard P. Stark has been nominated by President Obama to fill the current D. Del. vacant judgeship. (see post here) The Senate Judiciary Committee held a confirmation hearing last....

Chief Judge Gregory M. Sleet: Post-Trial Op Reminds Counsel of Duty of Candor

Posted on April 26, 2010
Note to Counsel: Remember your duty of candor to the tribunal. In a recent post-trial findings of fact and conclusions of law, Chief Judge Gregory M. Sleet noted in a footnote the following: ?Santarus asserts that Dr. Allen, one of...

Magistrate Judge Mary Pat Thynge: Inequitable Conduct: Pleading and Discovery

Posted on April 26, 2010
This opinion follows a series of discovery disputes between the parties surrounding requests for production of documents concerning drugs other than the drug that is the subject of the plaintiffs? NDA, defendant Mylan?s ANDA and the patent-in-suit. Eurand, Inc...

Judge Robinson: Lanham Act Opinion Involving Neutrogena and Coppertone Sunscreens

Posted on April 23, 2010
Plaintiffs Schering-Plough HealthCare Products, Inc. (makers of Coppertone-brand sunscreen) brought an action under Section 43 of the Lanham Act against Neutrogena Corporation (makers of Neutrogena-brand sunscreen) for releasing advertisements containing false and misleading statements...

Judge Joyner: Denial of Motion to Stay highlights considerations when submitting ANDA applications

Posted on April 20, 2010
In Millenium Pharms., Inc. v. Teva Parenteral Medicines, Inc., C.A. No. 09-105 (D. Del. Apr. 13, 2010), Plaintiffs brought suit after defendants filed their Abbreviated New Drug Application (?ANDA?) for a generic version of Plaintiffs? drug. Id. at 2...

Magistrate Judge Leonard P. Stark: Court Denies Stay Despite Decline in Defendant's Financial Outlook

Posted on April 13, 2010
Magistrate Judge Stark denied defendant's request for entry of a 60 day stay based on a "drastic downturn in [defendant's] financial outlook." Aerocrine AB v. Apieron, Inc., C.A. No. 08-787-LPS, Order Regarding Request for Stay, at 1 (D. Del. Mar....

Judge Joseph J. Farnan, Jr.: Motions in Limine

Posted on April 13, 2010
In addressing various motions in limine filed in a case set to be tried to the bench this month, Judge Farnan denied the pending motions in limine all addressing the exclusion of evidence at trial. UCB, Inc. v. KV Pharmaceutical...

Judge Sue L. Robinson: Markman Opinion

Posted on April 12, 2010
In a case involving technology relating to wiper blades, Judge Robinson recently issued a claim construction order construing the terms set forth below: - "component" - "mounted to said concave surface of said support element" - "mounted directly to the...

Judge Robinson: Defendants? Motion to Transfer GRANTED

Posted on April 12, 2010
In Fuzzysharp Technologies, Inc. v. Nvidia Corp. et al., C.A. No. 09-872 (D. Del. April 6, 2010), Plaintiff filed suit after filing seven separate patent infringement actions, involving the same patents, against multiple defendants in the Northern District of California...

Judge Bartle: Attorney-client privilege WAIVED when advice of counsel is used as defense to a claim of inequitable conduct

Posted on April 12, 2010
In Brigham and Women?s Hospital Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., C.A. 08-464 (D. Del. Mar. 31, 2010), Judge Bartle considered whether the attorney-client privilege was waived by plaintiffs when answering certain of defendants? interrogatories relating...

Judge Robinson: No Misrepresentation to Call Puerto Rican Rum "Havana Club" Rum

Posted on April 07, 2010
Yesterday, Judge Robinson issued an opinion in Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., C.A. No. 06-505-SLR (D. Del. Apr. 5, 2010). Plaintiff Pernod alleged that Bacardi "made false and misleading representations concerning the geographic origin of its 'Havana...

Judge Robinson: Motion for Reconsideration Denied

Posted on April 05, 2010
Last August, we wrote about Judge Robinson's reversal a 2002 inequitable conduct decision in one of the Cordis Corp. v. Boston Scientific cases. Judge Robinson had initially found the two asserted patents invalid for inequitable conduct. Cordis appealed, won on...

Magistrate Judge Stark: Opinions on Motion to Compel U.S. Depositions of Foreign Inventors

Posted on April 05, 2010
Magistrate Judge Stark issued several orders and memorandum orders last wednesday in Aerocrine AB v. Apieron, Inc., C. A. No. 08-787-LPS (Mar. 30, 2010), addressing inequitable conduct, stay of the litigation, and discovery issues. We have posts forthcoming on the...

Judge Stark: Inequitable Conduct Amendment Allowed

Posted on April 01, 2010
Magistrate Judge Stark recently issued a memorandum order in Aerocrine AB v. Apieron Inc., C. A. 08-787-LPS (D. Del. Mar. 30, 2010). The order granted a motion by plaintiff Apieron to amend their complaint to add inequitable conduct allegations, and....

Judge Sue L. Robinson: Daubert and Renewed Motion for Summary Judgment in Dispute Over ProV1 Golf Balls

Posted on March 30, 2010
On remand from the Federal Circuit for re-trial on the issues of obviousness and anticipation, Judge Robinson denied defendant Acushnet Company?s renewed motion for summary judgment and Daubert motion, she granted in part and denied in part Acushnet Company?s motions...

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