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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

Eduardo C. Robreno: Always Read the Footnotes

Posted on February 04, 2010
Sometimes, the footnotes tell the whole story. In this case, that expression is literally true: district judge Eduardo C. Robreno's recitation of the facts and his analysis are contained within one extraordinary footnote. That analysis, moreover, is significant...

Judge Farnan: Motion to Transfer Denied in ANDA Case

Posted on February 04, 2010
In Pfizer, Inc. v. Sandoz, Inc., C.A. No. 09-742-JJF (D. Del. Jan. 20, 2010), Judge Farnan explained a recent trend among Delaware ANDA plaintiffs: when jurisdiction in Delaware is not a sure thing, ANDA plaintiffs will bring suit in Delaware,...

New opinion from Delaware Court of Chancery on Trade Secret Misappropriation

Posted on February 03, 2010
In a recent case before Vice Chancellor Parsons of the Delaware Court of Chancery, Plaintiff Great American brought claims against Defendant Cherrydale for, among other things, misappropriation of trade secrets. Great American Opportunities, Inc. v. Cherrydale Fundraising, LLC et al...

Judge Joseph J. Farnan, Jr.: Expert Testimony Allowed Under Liberal Third Circuit Standard

Posted on February 03, 2010
Following the Third Circuit's "liberal" approach to the admission of expert testimony, the Court found that the defendant's trade secret expert was qualified to testify regarding the electrochemistry field. Roche Diagnostics Operations, Inc. v. LifeScan Inc...

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Judge Joseph J. Farnan, Jr.: Addressing Motions to Amend

Posted on January 31, 2010
Judge Farnan recently addressed motions to amend in two related cases. In WebXchange Inc. v. Dell, Inc. and WebXchange Inc. v. FedEx Corporation, the defendants sought to amend their answers (after the amendment deadline) to "add flesh" to their inequitable...

Sue L. Robinson: ANDA Filer Succeeds in Prosecution Laches Defense

Posted on January 29, 2010
District judge Sue L. Robinson this week issued a rare win to a party asserting a laches defense. According to the Court, eleven patent applications and ten abandonements, among others, adequately demonstrated the patent-in-suit's unenforceability: "Taken in the totality, this...

Judge Robinson: Interpretation of In Re Seagate

Posted on January 29, 2010
In Cordis Corporation v. Boston Scientific Corporation, C.A. No. 03-27-SLR (D. Del. Jan. 28, 2010), Judge Robinson had an opportunity to lay out her views on In re Seagate Techonology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc). In...

Joseph J. Farnan: No Fees for Successful Discovery Motion

Posted on January 27, 2010
Despite granting the relief sought in a discovery motion, district judge Joseph J. Farnan Jr. has issued a decision declining to award the movant its fees and costs. In the underlying motion, WebXchange sought to compel 30(b)(6) testimony from FedEx....

Chief Judge Sleet: Claim Construction Order

Posted on January 27, 2010
In Grape Technology Group, Inc., et al. v. Jingle Networks, Inc., C.A. No. 08-408-GMS (D. Del. Jan. 25, 2010), Chief Judge Sleet recently construed the following terms of the patents at issue: ?affiliated with a customer command ? issued from...

Federal Circuit upholds Judge Robinson?s decision that Teva's ANDA product does not infringe Takeda's patent

Posted on January 27, 2010
The Federal Circuit has affirmed, without discussion, Judge Robinson?s decision in Takeda Pharma. Co. Ltd. v. Teva Pharma. USA Inc., C.A. No. 07-331-SLR (D. Del. Nov. 9, 2009) (Robinson, J.), that Takeda failed to prove that Teva?s ANDA products infringe...

Joseph J. Farnan: Demonstrating "Good Cause" to File an Untimely Amended Pleading

Posted on January 26, 2010
A recent decision by district judge Joseph J. Farnan Jr. highlights the expedited schedule a party must pursue to successfully amend a pleading past a discovery deadline. Under FRCP 16(b)'s "good cause" standard, unlike the more lenient amendment standard in...

Breaking News: District Judge Joseph J. Farnan to Retire

Posted on January 26, 2010
District judge Joseph J. Farnan Jr. has announced that he will retire from the bench on July 31st: "After 25 years of dedicated service as a United States District Judge for the District of Delaware, and being fully eligible for...

Judge Robinson: Plaintiffs? motion for summary judgment of invalidity of all patents at issue GRANTED.

Posted on January 25, 2010
Plaintiffs Boston Scientific Corporation and Boston Scientific Scimed Inc. (?BSC?) brought four patent infringement actions against Johnson & Johnson Inc. and Cordis Corporation (?J&J?) seeking a judgment of invalidity for four coronary stent patents...

Magistrate Judge Mary Pat Thynge: Markman Order

Posted on January 21, 2010
Magistrate Judge Mary Pat Thynge issued a claim construction order in the Innovative Patents, L.L.C. v. Brain-Pad, Inc. matter which involves a patent for an apparatus that enhances absorption and dissipation of impact forces for sweatbands (U.S. Patent No...

Judge Robinson: claim construction order construing terms of four patents relating to coronary stents

Posted on January 21, 2010
In Boston Scientific Corp., et al. v. Johnson & Johnson, Inc., et al., C.A. No. 07-333-SLR (D. Del. Jan. 20, 2010), Judge Robinson construed the following terms as follows: 1. Stent A device for providing support for a lumen in...

Joseph J. Farnan: Paperless Event Ticketing Claims Construed

Posted on January 21, 2010
For those with clients in the entertainment industry, district judge Joseph J. Farnan Jr. recently issued a notable decision construing claims related to paperless event ticketing. In particular, the Court construed the following claims: "Personalized Physical Material" "Paperless Ticket" "Authentication...

Magistrate Judge Thynge: On remand from Federal Circuit motion for summary judgment based on laches GRANTED

Posted on January 21, 2010
In Crown Packaging Technology, et al. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, D. Del. Jan. 15, 2010, Magistrate Judge Thynge recently granted counterclaim-defendant Crown?s motion for summary judgment based on laches. This case returned to Judge Thynge after...

Chief Judge Gregory M. Sleet: Motion to Sever and Stay Denied

Posted on January 12, 2010
Chief Judge Sleet recently denied a party's motion to stay and sever proceedings related to two patents-in-suit where an interference was pending at the USPTO. LG Electronics U.S.A., Inc. v. Whirpool Corp., C.A. No. 08-234-GMS, Order (D. Del. Jan. 6,...

Joseph J. Farnan: Overlapping Evidence Stalls Bid to Bifurcate Inequitable-Conduct Defense

Posted on January 05, 2010
A recent decision by district judge Joseph J. Farnan Jr. serves to remind litigators that bifurcation is not always a sure bet. In the underlying litigation, the Court rejected an attempt to carve out an inequitable-conduct defense: "Defendants must meet...

Judge Sue L. Robinson: No Waiver of Attorney-Client Privilege

Posted on December 29, 2009
Plaintiff moved to compel certain communications between the defendant and its third-party supplier on the grounds that these communications are not subject to the common interest privilege or joint defense strategy. Robert Bosch LLC v. Pylon Manufacturing Corp...

Judge Joel A. Pisano: Motion to Transfer GRANTED Where Only "Delaware Connection" was Defendant's Incorporation

Posted on December 29, 2009
Although a plaintiff's choice of forum is typically given great weight, Judge Pisano in granting a defendant's motion to transfer to the Northern District of California, recently afforded less deference to a plaintiff's choice to litigate in Delaware where Delaware...

Magistrate Judge Thynge: Recommended Defendants? motions to dismiss for lack of personal jurisdiction and for failure to state a claim be GRANTED.

Posted on December 28, 2009
In this patent infringement action, Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., et al., C.A. No. 09-022-SLR-MPT (D. Del. Dec. 23, 2009), Defendant John Galinos (?Galinos?) moved to dismiss plaintiffs? complaint for lack of personal jurisdiction and...

Sue L. Robinson: "Self-Serving" Declaration Cannot Support Finding of Irreparable Harm

Posted on December 28, 2009
District judge Sue L. Robinson recently denied a request for a permanent injunction in part on the ground that the movant failed to supply the necessary documentary and analytical evidence to prove irreparable harm. By doing so, the Court implicitly....

Judge Stark: Two opposing personal jurisdiction decisions involving corporate parents and their subsidiaries

Posted on December 22, 2009
In this multidistrict litigation consolidating nine patent infringement actions, Judge Stark recently issued a Report and Recommendation Regarding Motions for Summary Judgment and to Dismiss and Order on Evidentiary Motions. In re Rosuvastatin Calcium Patent Litig...

Judge Stark: Report and Recommendation applying Exergen to plaintiff's counterclaims alleging inequitable conduct

Posted on December 22, 2009
Judge Stark recently considered Defendants? Motion to Strike and Dismiss in his Report and Recommendation in Power integrations, Inc. v. Fairchild Semiconductor Int?l, Inc., et al., C.A. No. 08-309-JJF-LPS (D. Del. Dec. 18, 2009). Plaintiff filed this patent infringement action...

Sue L. Robinson: How Waiver Can Affect a Motion for Reconsideration

Posted on December 21, 2009
Where is the line between rehashing arguments and offering new evidence in seeking reconsideration of a ruling? According to a recent decision by district judge Sue L. Robinson, the waiver doctrine can play a primary role in this determination. In...

New Rules for Computing Time and Proposed Revised Local Rules for Comment

Posted on December 18, 2009
As most everyone is aware by now, new amendments to the Federal Rules of Civil Procedure became effective as of December 1, 2009 that change the way that deadlines are computed under the rules. The District Court of Delaware recently...

New District of Delaware Intellectual Property Case Filings

Posted on December 18, 2009
12/2: Bristol-Myers Squibb Company, Bristol-Myers Squibb Company, Novartis Corporation, et al. v. Teva Pharmaceuticals USA, Inc. (patent infringement) 12/2: Cephalon Inc. and Cephalon France v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd...

Mary Pat Thynge: Obviousness and the Limits of Document Discovery

Posted on December 17, 2009
In document discovery, relevance is broadly construed. But the doctrine has its limits. In a recent decision by magistrate judge Mary Pat Thynge, the Court rejected as irrelevant a request for documents concerning certain properties embodied in two prior art...

Joseph J. Farnan: Pre-Patent Commercial Negotiation Leads to On-Sale Bar

Posted on December 15, 2009
In a recent decision, district judge Joseph J. Farnan Jr. helped define the commercial boundaries of the on-sale bar's offer requirement. In the underlying litigation, the accused infringers grounded their invalidity argument on the patentee's alleged offer of the subject...

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