Delaware IP Law Blog: Intellectual Property Law

Home -> Law Blog Directory -> Intellectual Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Magistrate Judge Mary Pat Thynge: Pending Equitable Defenses Preclude Final-Judgment Certification

Posted on March 26, 2010
Magistrate Judge Mary Pat Thynge recently resolved a thorny question of finality for purposes of appeal. Faced with a situation in which a jury had returned verdicts of noninfringement and "non-invalidity," but equitable defenses remained outstanding, the Court denied the...

Magistrate Judge Stark Addresses the Meaning of "Actual Notice" for § 154

Posted on March 25, 2010
Earlier this week, in Arendi Holding Ltd., v. Microsoft Corp., C.A. No. 09-119-JJF-LPS (D. Del. Mar. 22, 2010), Magistrate Judge Stark issued a Report and Recommendation that Judge Farnan grant Microsoft's motion for summary judgment on Arendi's claims for provisional...

Judge Thynge: Failure to meet and confer adequately under Local Rule 7.1.1. may result in denial of motion to compel

Posted on March 24, 2010
In this patent infringement action, defendant Philips moved to compel plaintiff Masimo to provide answers to certain interrogatories and document requests. Masimo Corporation v. Philips Electronics North America Corporation, et al., C.A. No. 09-80-JJF-MPT (D...

Judge Sue L. Robinson: Disqualification Order Not Final for Purposes of Immediate Appeal

Posted on March 24, 2010
Gauging "finality" for purposes of appeal can be tricky. Add to that inquiry the disqualification of a party's counsel, and the complexity only increases. District judge Sue L. Robinson shed light on the intersection of these two topics in a...

To access this complete feed in the blog feed reader login or register for free.

Chief Judge Gregory M. Sleet: Jury Verdict

Posted on March 23, 2010
On March 11, 2010, a jury returned its verdict in LG Electronics U.S.A., Inc. v. Whirlpool Corporation finding that defendant Whirlpool did not literally infringe the asserted claims of LG's patent and that the patent was not invalid based on...

Judge Thynge: Motion for Reconsideration Denied

Posted on March 20, 2010
Yesterday, Judge Thynge issued a memorandum order on a motion for reconsideration in Robert Bosch, LLC. v. Pylon Manufacturing Corp., C.A. No. 08-542-SLR (D. Del. Mar. 19, 2010). Bosch had moved for reconsideration of a December 23, 2009 discovery motion,...

Judge Robinson: Motion to dismiss for lack of personal jurisdiction DENIED after the court attributed one defendant's contacts to the defendant in question

Posted on March 19, 2010
Plaintiffs filed this patent infringement action against defendants Anchen Pharmaceuticals and Anchen Inc. after the defendants filed their Abbreviated New Drug Application (?ANDA?) to manufacture generic versions of AMRIX®. In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, MDL No...

Magistrate Judge Leonard P. Stark Nominated to Fill D. Del. Vacancy

Posted on March 17, 2010
President Obama nominated Magistrate Judge Leonard P. Stark to fill the District of Delaware vacancy. The position has been empty since 2006 when Judge Kent A. Jordan was appointed to the Third Circuit. For a copy of the White House...

Magistrate Judge Thynge: Bifurcation of Anti-Trust Issues Granted

Posted on March 12, 2010
Magistrate Judge Mary Pat Thynge issued a memorandum order yesterday in Masimo Corp. v. Philips Electronics North America Corp., C.A. No. 09-80-JJF-MPT (D. Del. Mar. 11, 2010), granting a motion by plaintiff Masimo to bifurcate and stay discovery of Philips'...

Judge Farnan: Claim construction in Leader v. Facebook

Posted on March 11, 2010
In Leader Technologies, Inc. v. Facebook, Inc., C.A. No. 08-862-JJF (D. Del. Mar. 9, 2010), Judge Farnan recently construed claim terms related to a patent involving ?the ?management and storage of electronic information,? and specifically relat[ing] to ?new structures and...

Judge Sue L. Robinson: Construing Insurance-System Patents

Posted on March 09, 2010
For those readers litigating insurance patents, district judge Sue L. Robinson recently released a claim-construction decision that interprets the terms of two insurance claims-processing systems. Among the terms construed, several stand out: "policy level," "claim level," "participant level," "event trigger,"...

Judge Robinson: All Accenture v. Guidewire Motions Denied

Posted on March 09, 2010
Late last week, Judge Robinson issued a memorandum opinion in Accenture Global Services GMBH v. Guidewire Software Inc., C.A. No. 07-826-SLR (D. Del. Mar. 5, 2010) (in addition to the claim construction opinion that we posted about yesterday, and the...

E.D. Pa. Chief Judge Harvey Bartle: Claim Construction Op.

Posted on March 09, 2010
Eastern District of Pa. chief judge Harvey Bartle, sitting by designation, recently issued a claim construction memorandum opinion in Magsil Corp. v. Seagate Technology, C.A. No. 08-940 (D. Del. Mar. 1, 2010) (memo. op.). The following terms were construed: "junction"...

D. Del. Special Master: Protective-Order Compromise Settles Threat of Later Disclosure During Reexam and Other Proceedings

Posted on March 07, 2010
Negotiating protective orders can be a mundane affair. But the D. Del. litigator may want to take notice of an attorneys-eyes-only provision recently fashioned by a special master appointed by distict judge Sue L. Robinson. In his report and recommendation,...

Delaware IP Law Blog Author Selected to Participate in D. Del. Trial Seminar

Posted on March 05, 2010
Delaware IP Law Blog's own Karen Keller was selected yesterday to participate in the District of Delaware's inaugural Federal Trial Practice Seminar, an intensive eight-week instructional program created to hone the skills of the district's litigators...

Chief Judge Sleet: Motion in Limine Exposes Pleading Deficiency

Posted on March 05, 2010
Preliminary motions, a staple of modern litigation, can sometimes expose larger problems in a party's case. In a recent decision, Chief Judge Gregory M. Sleet explained how a motion in limine over an expert report raised a different question: Did...

Judge Farnan: Federal Circuit Rule 11 does not confer exclusive jurisdiction over the record on appeal

Posted on March 04, 2010
In Honeywell International Inc., et al. v. Nikon Corporation, et al., C.A. No. 04-1337-JJF (D. Del. Mar. 2, 2010), Judge Farnan considered defendants? motion to unseal documents related to the Court?s decision granting summary judgment for invalidity...

Judge Sue L. Robinson: Case Stayed Pending Supreme Court Decision in Bilski

Posted on March 03, 2010
Judge Robinson in Accenture Global Services GMBH v. Guidewire Software, Inc., has decided to stay the case and deny defendant's motion for partial summary judgment of invalidity based on unpatentable subject matter until after the U.S. Supreme Court issues its...

Judge Farnan: Failure to amend expert report to include opinion testified to at trial results in opinion being stricken from the record

Posted on March 03, 2010
In a post-trial evidentiary opinion of phase I of a bench trial in which defendants asserted patents against plaintiff, Judge Farnan recently determined that certain testimony should be excluded because plaintiff failed to make adequate disclosure pretrial...

Mary Pat Thynge: "Expected" Change in Federal Circuit Precedent Cannot Control JMOL Inquiry

Posted on February 26, 2010
A recent decision by Magistrate Judge Mary Pat Thynge puts to rest the notion that a district court will follow an anticipated change in the law when considering a post-verdict motion for judgment as a matter of law. In its...

Judge Sue L. Robinson: Complaint Must Set Forth Allegedly Infringing Product or Method

Posted on February 25, 2010
Amend your complaint or face dismissal of your action. This is what Judge Robinson informed the plaintiffs in Eidos Communications, LLC v. Sype Technologies SA, C.A. No. 09-234-SLR, Memo. Op. (D. Del. Feb. 24, 2010), where the complaint failed to...

Judge Joseph J. Farnan, Jr.: What is "Unpatented" for Purposes of a False Marking Claim?

Posted on February 25, 2010
Is a product ?unpatented? for purposes of pleading a false marking claim under Section 292 where it is covered by at least one claim of one of the patents listed on the product?s label? The District of Delaware, following the...

Judge Robinson: Claim construction

Posted on February 25, 2010
In Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., C.A. No. 08-290-SLR (D. Del. Feb. 24, 2010), Judge Robinson recently construed the following claim language of plaintiff's patent: "truncated Factor VIII Protein which is an active procoagulant" A Factor...

Judge Robinson: No Interference in Genetics Institute

Posted on February 25, 2010
Judge Robinson issued a memorandum opinion yesterday in Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., C.A. No. 08-290-SLR (D. Del. Feb. 24, 2010). Plaintiff Genetics Institute, LLC filed a 35 U.S.C. § 291 action seeking a determination of...

Magistrate Judge Stark: Permissible discovery against defendant may be objectionable as to third party

Posted on February 22, 2010
In ITT Manufacturing Enterprises, Inc. v. Cellco Partnership (d/b/a Verizon Wireless), et al., C.A. 09-190-JJF-LPS (D. Del. Feb. 17, 2010), Judge Stark recently overruled the objections of defendant LG, ordering LG to produce to plaintiff ITT "all non-privileged discovery responsive...

Judge Joseph J. Farnan, Jr.: Privilege Issues

Posted on February 18, 2010
Privilege disputes are often a hot topic of intellectual property litigation. In WebXChange Inc. v. Dell, Inc., Judge Farnan ruled on a number of disputes sounding in the assertion of the attorney-client privilege, attorney work product doctrine and clergy-communicant privilege...

New District of Delaware Intellectual Property Case Filings

Posted on February 17, 2010
1/3: Brinkmeier v. Bayer Healthcare LLC (patent infringement) 1/5: Cephalon Inc. and Cephalon France v. Watson Pharmaceuticals Inc., Watson Laboratories Inc. and Watson Pharma Inc. (patent infringement) 1/5: Enova Technology Corp. v. Initio Corp, Initio Corp...

Federal Circuit: Questionable Personal Jurisdiction Warrants Transfer

Posted on February 15, 2010
Among the many considerations that courts face when deciding whether to transfer an action, especially in an era of ever-expanding dockets, judicial economy can sometimes tip the balance. In a recent order, the Federal Circuit upheld a D. Del. decision...

NJ District Court Reverses Opinion that Contradicted DE Opinion

Posted on February 11, 2010
Last month, we posted about New Jersey Magistrate Judge Bongiovanni's decision to disqualify a lawyer for a conflict of interest under Rule of Professional Conduct 1.7, in Wyeth and Cordis Corp. v. Abbott Laboratories, et al., C.A. No. 08-230-JAP (D.N...

Magistrate Judge Thynge: Opinion on Inline JMOL motion

Posted on February 06, 2010
Magistrate Judge Thynge recently issued an opinion in Inline Connection Corporation v. Earthlink, C.A. No. 02-272-MPT (D. Del. Feb. 5, 2010). The opinion addressed several issues (see full opinion below); one interesting issue involved the law regarding a "practicing the...

Previous | Next

Related Law Bulletins

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...