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

Fed. Cir. Reversal of Judge Robinson Opinion "undoubtedly marks a shift from past declaratory judgment cases."

Posted on December 09, 2009
Last week, the Federal Circuit reversed Judge Robinson's opinion in Hewlett Packard Co. v. Acceleron, LLC, C.A. No. 07-650-SLR, Memo. Op. (D. Del. Mar. 10, 2009), which we posted about earlier this year. The Fed. Circuit's opinion on this case...

Judge Farnan: Markman Opinion on a Medical Patent

Posted on December 09, 2009
Judge Farnan recently issued a claim construction opinion in ICU Medical, Inc. v. RyMed Technologies, Inc., C.A. No. 07-468-JJR (D. Del. Dec. 3, 2009), an infringement case involving patents on intravenous medical connector valves used to connect fluid bags to...

Attorney disqualification in D.N.J vs. D. Del.: Same facts, same rules, different interpretation of the appropriate remedy

Posted on December 07, 2009
Magistrate Judge Bongiovanni of the District of New Jersey recently considered Wyeth?s renewed request for the disqualification of Howry LLP (?Howry) as counsel to Boston Scientific Corporation (?BSC?), based on Howry's representation of Wyeth in another matter...

Chief Judge Sleet: Complaints Patterned After Form 18 Still Acceptible Post-Iqbal

Posted on December 07, 2009
Chief Judge Sleet recently issued an opinion on a 12(b)(6) motion to dismiss in Mark IV Industries Corp. v. Transcore, L.P., C.A. No. 09-418-GMS (D. Del. Dec. 2, 2009). Defendant Transcore moved to dismiss Mark IV's complaint based mainly on...

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

Delaware Court of Chancery: Defining the Role of "Delaware Counsel"

Posted on December 03, 2009
In a decision issued yesterday, Vice Chancellor J. Travis Laster offered an insightful view on the role of "Delaware counsel": "It is of course true that Delaware counsel and forwarding counsel necessarily allocate responsibility for work, and that in some...

Magistrate Judge Joel Schneider: Transfer Warranted Despite Defendants' Incorporation in Delaware

Posted on December 01, 2009
A recent venue-transfer decision by Magistrate Judge Joel Schneider illustrates the limits of Delaware courts' deference to a defendant's state of incorporation. In granting a request to transfer the patentee's infringement action to the Northern District of California, the Court...

New District of Delaware Intellectual Property Case Filings

Posted on December 01, 2009
10/9: Congoleum Corporation v. Metroflor Corporation and Halstead New England Corporation (patent infringement) 10/13: BASF Catalysts LLC v. Johnson Matthey Inc. and Johnson Matthey Catalysts, LLC (patent infringement) 10/13: Stiefel Research Australia Pty Ltd...

Judge Joseph J. Farnan, Jr.: Motion to Transfer DENIED Despite Similar Cases Pending in Illinois

Posted on November 24, 2009
Despite similar cases pending in the Northern District of Illinois, Judge Farnan declined to transfer the case out of Delaware. Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C.A. No. 09-495-JJF, Memo. Op. (D. Del. Nov. 20, 2009)...

5 Years Later, Issues Still Linger in the St. Clair v. Fuji Digital Camera Patent Case

Posted on November 20, 2009
Judge Farnan issued an opinion yesterday on a few lingering issues in the Fuji case. This is another St. Clair digital camera patent case; St. Clair received a $3 million dollar jury verdict in 2004 but its execution was stayed...

Chief Judge Gregory M. Sleet: Preliminary Injunction Denied

Posted on November 19, 2009
A party requesting a preliminary injunction in an infringement case must meet a high burden in showing a likelihood of success on the merits, irreparable harm, a balance of hardships in favor of the moving party and that an injunction...

Chief Judge Gregory M. Sleet: Claims Fail to Meet Twombly Standard

Posted on November 19, 2009
The District Court of Delaware in LG Electronics U.S.A., Inc. v. Whirpool Corporation, found that a "formulaic recitiation of the elements of the Lanham Act and Delaware Deceptive Trade Practices" with the insertion of Whirpool's name is insufficient to meet...

Judge Sue L. Robinson: Inequitable Conduct Claim "Passes Muster" Under Exergen

Posted on November 18, 2009
In yet another decision addressing the sufficiency of pleading inequitable conduct, the Court found under the new standard set forth in the Exergen case that defendant Cisco's amended claims "pass muster under this rigorous standard" and granted defendant's motion for...

Chief Judge Gregory M. Sleet: Rule 52(c) Motion Granted for Prior Art References Not Raised at Trial

Posted on November 18, 2009
In the Court's post-trial decision in In Re Brominidine Patent Litigation, the Court found that the defendants' ANDA products infringed the asserted patents and that defendants failed to prove invalidity. MDL Docket No. 07-md-1866-GMS, Memorandum (D. Del...

Sue L. Robinson: The Double-Edged Sword of Prosecution

Posted on November 18, 2009
In a recent post-trial opinion, district judge Sue L. Robinson emphasized the importance of a patentee's conduct during prosecution for later claims of infringement. In the underlying action, the patentee alleged that defendant's ANDA product, which covered an oral tablet...

Judge Sleet: Post-verdict JMOL must be denied where the party does not file the JMOL pre-verdict

Posted on November 17, 2009
In Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476 GMS (D. Del. Nov. 12, 2009) Judge Sleet denied Defendant's JMOL Motion on the issue of obviousness. Id. at 5. Judge Sleet noted that Fed. R. Civ. P....

Magistrate Judge Stark Follows Judge Farnan's Prior Claim Construction in St. Clair Digital Camera Cases

Posted on November 16, 2009
On Friday, Magistrate Judge Stark's claim construction came down on another set of patent infringement cases by St. Clair Intellectual Property Consultants based on their digital camera patents. St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co...

D. Del. Special Master: No Prejudice, and Therefore No Sanction, for Untimely Produced Expert Discovery

Posted on November 11, 2009
A special master in the District of Delaware recently recommended against the imposition of sanctions for a party's failure to timely produce expert-discovery materials. In the decision, issued by Special Master Vincent J. Poppiti, the special master considered and rejected...

Judge Sleet: No Corporate Veil Piercing Without Allegations of Injustice

Posted on November 10, 2009
Chief Judge Sleet recently issued a memorandum opinion on a motion to dismiss and transfer in CNH America LLC v. Kinzenbaw, C.A. No. 08-945-GMS (D. Del. Nov. 9, 2009) (mem.), a patent infringement case. Defendants in the case include Kinzenbaw,...

Judge Joseph J. Farnan: Bifurcation denied

Posted on November 09, 2009
In Arendi Holding Ltd. v. Microsoft Corp., C.A. No. 09-119-JJF (D. Del. Oct. 27, 2009) (mem.), Judge Farnan denied a motion to bifurcate a patent infringement action. In denying defendants' (Microsoft and Dell) motion, the court stated that bifurcation w[ould]...

Judge Sue L. Robinson: Reconsidered Claim Construction Affects Prospect for Summary Judgment

Posted on September 30, 2009
A fundamental precept of patent law teaches that a party is liable for direct infringement only when it performs each step of the invention's claims. In a recent decision, District Judge Sue L. Robinson addressed infringement liability for those who....

Chief Judge Gregory M. Sleet: Alleged Equitable Interest Insufficient for Purposes of Standing

Posted on September 25, 2009
Chief Judge Sleet recently decided a case where plaintiff, a law firm that had helped to prosecute a patent, tried to claim an equitable interest in the patent after their client?s alleged failure to pay their fees. Huntley, L.L.C. v....

Chief Judge Gregory M. Sleet: Motion to Lift Stay Pending Reexam DENIED

Posted on September 17, 2009
More and more frequently, courts are having to deal with concurrent reexamination proceedings in the USPTO while parties are litigating the same patents in the district court forum. In Automotive Technologies Int'l, Inc. v. American Honda Motor Co., et al...

Judge Sue L. Robinson: Markman Opinion

Posted on September 17, 2009
Judge Robinson recently construed the parties' disputed claim terms set forth in a patent related to a "method and system for providing a preview thumbnail image of a web page" in Girafa.com, Inc. v. IAC Search & Media, Inc., C.A....

Judge Sue L. Robinson: Defendants? Motions for JMOL GRANTED.

Posted on September 09, 2009
Plaintiff SRI International (?SRI?) brought a patent infringement action against defendants Symantec Corporation (?Symantec?) and Internet Security Systems, Inc. (?ISS?) related to four patents. After issuing its claim construction opinion in October, 2006, the Court held that each of SRI?s...

Judge Sue L. Robinson: Disqualification of an attorney is never automatic.

Posted on September 04, 2009
In Boston Scientific Corporation, et al. v. Johnson & Johnson, et al., C.A. No. 07-765-SLR (D. Del. August 25, 2009), Defendant Wyeth sought to disqualify the firm Howrey LLP from representing Plaintiffs due to Howrey?s current representation of Wyeth in...

Judge Farnan: Claim Construction

Posted on September 04, 2009
In UCB, Inc. et al. v. KV Pharmaceutical Company, C.A. 08-223-JJF (D. Del. Aug. 18, 2009) Judge Farnan provided claim constructions for disputed terms of a patent pertaining to ?multiparticulate pharmaceutical dosage forms that include both immediate release (?IR?) beads...

Judge Sue L. Robinson: Bifurcation of Damages and Willfulness for Discovery and Trial

Posted on August 28, 2009
In recent cases, Judge Robinson has been making it her practice to bifurcate damages and willfulness in patent cases for purposes of both discovery and trial. Two recent decisions elaborate on this procedure and the Court's reasoning behind bifurcating damages...

New District of Delaware Intellectual Property Case Filings

Posted on August 28, 2009
8/6: Baxter Healthcare Corporation, Baxter International Inc., Baxter Healthcare SA v. Minrad International Inc., Piramal Healthcare Ltd. and Piramal Healthcare Inc. (patent infringement) 8/6: Ethicon Endo-Surgery Inc. v. Hologic Inc. and Suros Surgical Systems, Inc...

Judge Mary Pat Thynge: Jury Verdict

Posted on August 21, 2009
On August 18, 2009, a Delaware jury returned a verdict finding that Amazon.com, Inc. did not infringe two of the three patents owned and asserted by Cordance Corporation. The jury found those two patents valid. The jury did find that...

Judge Farnan: A defendant MUST avail themselves of every opportunity to plead inequitable conduct with particularity

Posted on August 19, 2009
Judge Farnan recently granted Plaintiffs? Motion to Strike Defendants? Motion for Summary Judgment of Unenforceability based upon defendants? failure to plead their inequitable conduct defense with particularity; and defendants? subsequent failure to take any action to amend their Answer...

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...