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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: Prior decision of inequitable conduct on remand from Federal Circuit REVERSED

Posted on August 17, 2009
In Cordis Corporation v. Boston Scientific Corporation and Scimed Life Systems, Inc., C.A. No. 98-197-SLR (D. Del. Aug. 10, 2009), Judge Robinson reversed her March 2002 decision that nondisclosure of material prior art during prosecution of the patent-at-issue was inequitable...

Judge Robinson: Despite scheduled mediation, litigation shall move forward

Posted on August 17, 2009
In Wellman, Inc. v. Eastman Chemical Co., C.A. No. 07-585-SLR (D. Del. Aug. 13, 2009), Plaintiff filed an Emergency Motion to Modify Scheduling Order requesting postponement of deadlines for filing Daubert and Summary Judgment motions until after mediation...

Eduardo C. Robreno: Motion to compel answers to claim construction interrogatory GRANTED

Posted on August 07, 2009
In Inventio AG v. Thyssenkrupp Elevator Americas Corp., C.A. No. 08-874-ER, at 2 (D. Del. July 31, 2009) Defendants filed a motion to compel answers to an interrogatory requesting construction of claims Plaintiff contends were infringed by Defendants...

New District of Delaware Intellectual Property Case Filings

Posted on August 07, 2009
7/29: AngioDynamics Inc. v. Vascular Solutions, Inc. (patent infringement) 7/30: Square Ring, Inc. v. John Doe-1, John Doe-2, John Doe-3, John Does 4-10, Ustream TV Inc. (trademark) (cable system piracy) 7/31: Genzyme Corporation v. Roxane Laboratories Inc...

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Sue L. Robinson: Claim Preclusion and the Successive Infringement Suit

Posted on August 06, 2009
In a recent decision, district judge Sue L. Robinson addressed the unsettled issue of whether a plaintiff may accuse the same product of infringement in successive suits. Answering in the affirmative, the Court held that a party can maintain a...

Judge Joseph J. Farnan, Jr.: No Per Se Rule that a Reexamination Order Precludes the Possibility of Proving Willful Infringement

Posted on August 05, 2009
In June 2009, Magistrate Judge Stark granted Plaintiff St. Clair?s Motion for Leave to File a Second Amended Complaint to, among other things, add allegations for willful infringement against Defendant Nokia. St. Clair Intellectual Property Consultants, Inc...

Leonard P. Stark: Post-Trial Accounting Issues Cannot Be Raised in New Suit

Posted on August 04, 2009
Collecting damages incurred following a finding of liability can be difficult. One avenue to collection that will not work, recounted in a recent decision by magistrate judge Leonard P. Stark, involves filing a new action. According to the Court, such...

Magistrate Judge Mary Pat Thynge: Patent Misuse Tried to Judge

Posted on August 04, 2009
The Federal Rules of Civil Procedure provide a trial judge with the ability to manage the presentation of a trial, particularly where complex matters are being tried before a jury. Patent misuse is a defense that courts have held can...

Magistrate Judge Mary Pat Thynge: Summary Judgment Granted - No Willful Infringement Under Seagate Standard

Posted on August 04, 2009
In what is one of the first lengthy discussions on willful infringement from this District since the Federal Circuit issued its opinion in In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007) (see our earlier posting on the...

Leonard P. Stark: Agree to Claim Terms or Lose Two of Them

Posted on July 31, 2009
In multi-patent litigation, parties and the Court are often confronted with how to properly manage the sometimes unwieldy claim-construction process. To that end, Magistrate Judge Leonard P. Stark recently issued a noteworthy ruling that addressed how, at least in the...

Sue L. Robinson: Jurisdiction Over Work-Product Dispute Declined

Posted on July 30, 2009
Yesterday, District of Delaware Judge Sue L. Robinson declined jurisdiction over a discovery dispute involving a party's instruction not to answer. At a deposition, the plaintiff's attorney directed the nonparty deponent -- who was involved in prosecuted the underlying patent...

New District of Delaware Intellectual Property Case Filings

Posted on July 28, 2009
6/19: Kone Corporation v. Thyssenkrupp Elevator Corporation, Thyssenkrupp Elevator Americas Corporation (patent infringement) 6/23: Tandberg Inc. v. Multimedia Patent Trust (patent infringement) 6/25: Dey LP and Dey Inc. v. Teva Parenteral Medicines Inc...

Magistrate Judge Stark: Motion for Judgment on the Pleadings -- denied

Posted on July 02, 2009
Magistrate Judge Stark recently recommended, among other things, that the Court deny defendant-counterplaintiff Rembrant?s motion for judgment on the pleadings. In re Rembrandt Techs. LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, (D. Del. June 29, 2009)...

Judge Robinson: Plaintiffs not permitted to use information as a sword and a shield

Posted on July 02, 2009
Judge Robinson recently decided several discovery disputes between the parties in State of Florida v. Abbott Labs., C.A. 08-155-SLR (D. Del. June 23, 2009). Among other things, plaintiffs objected to defendants? request for ?rebates plaintiffs negotiate and receive for fenofibrate...

Magistrate Judge Stark: assessing the adequacy of scienter when pleading fraud with particularity

Posted on July 02, 2009
In a recent trademark infringement and dilution case, Magistrate Judge Stark denied plaintiffs? motion to dismiss defendants? counterclaim seeking cancellation of plaintiffs? trademark due to fraud on the Patent and Trademark Office. ING Bank v. the PNC Fin...

Judge Joseph J. Farnan, Jr.: Transfer Denied Where Defendants Not Subject to Suit in Transferee Forum

Posted on June 10, 2009
A defendant's motion to transfer will be denied where there is no evidence to establish that the defendant could have been sued in the transferee forum originally. Safety Braking Corp. v. Six Flags Theme Parks, et al., C.A. No. 07-127-JJF,...

New District of Delaware Intellectual Property Case Filings

Posted on June 09, 2009
5/13: Vianix LLC v. Nuance Communications Inc. (copyright infringement) 5/13: Future Fibre Technologies Pty Ltd. v. Optellios Inc. (patent infringement) 5/13: B. Braun Melsungen AG, B. Braun Medical Inc. v. Terumo Medical Corporation and Terumo Corporation (patent infringement) 5/15: CIMA...

Chief Judge Gregory M. Sleet: Claim Construction Order

Posted on June 09, 2009
Chief Judge Sleet recently construed the terms of a pharmaceutical patent related to treatment of dysuria. In re: Alfuzosin Hydrochloride Patent Litigation, MDL Docket No. 08-md-1941-GMS, Order (D. Del. May 20, 2009). The following claim terms were construed: - "dysuria"...

Judge Joseph J. Farnan, Jr.: Third Party Discovery

Posted on June 09, 2009
The District of Delaware was recently asked to decide a discovery dispute over third party documents related to litigation pending in California and Texas. Software Rights Archive, LLC v. Google Inc., Yahoo! Inc., IAC Seach & Media, Inc., AOL LLC...

Judge Sue L. Robinson: Voluntary Substitution Continues In Personam Jurisdiction

Posted on June 09, 2009
Plaintiff Quinstreet Inc. filed a declaratory judgment suit in Delaware against a patent licensing firm EpicRealm for non-infringement of two patents. Quinstreet Inc. v. Parallel Networks, LLC, C.A. No. 06-495-SLR, Memo. Order (D. Del. May 28, 2009). A little over...

Mary Pat Thynge: Deposition Discovery Again Warrants Addition of Late Inequitable-Conduct Claim

Posted on June 01, 2009
In a patent infringement action, Magistrate Judge Mary Pat Thynge recently granted defendant SPI Pharma, Inc.?s (?SPI?) motion to amend their answer despite the deadline for amending pleadings having passed in May 2007. Roquette Fr�re v. SPI Pharma, Inc...

Chief Judge Gregory M. Sleet: Manufacturing and Selling Automobile Parts Incorporated Into Vehicles Manufactured in Delaware is Sufficient to Confer Personal Jurisdiction

Posted on May 22, 2009
In a patent infringement case, Chief Judge Sleet recently denied Defendant?s motion to dismiss for lack of personal jurisdiction despite the fact that Defendant (a Georgia corporation with its principal place of business in Georgia) has never had an office...

Sue L. Robinson: Heightened Evidentiary Burden Under the Doctrine of Equivalents?

Posted on May 22, 2009
Last week, district judge Sue L. Robinson rejected a novel argument concerning the evidentiary burden on infringement under the doctrine of equivalents. Defendant claimed that, because it held a license to certain compounds under one patent, plaintiff had to show...

Three Recommended to Fill D. Del. Vacancy

Posted on May 22, 2009
Yesterday, the District of Delaware came one step closer to obtaining a new district judge. A local newspaper is reporting that three names have been sent to the White House as candidates to fill the 2.5-year-old vacancy on the federal...

Co-Author Andrew Lundgren Honored For Pro Bono Service

Posted on May 20, 2009
The Delaware IP Law Blog's very own Andrew Lundgren was honored by Young Conaway Stargatt & Taylor, earlier this year for his extraordinary pro bono contributions to the community and bar. In recognition of these contributions he was awarded the...

Noel L. Hillman: Substituting Parties Insufficient to Cure SMJ Defect

Posted on May 14, 2009
Can a plaintiff substitute in the correct party to cure a lack of subject matter jurisdiction once the defendant has moved to dismiss? According to District of New Jersey judge Noel L. Hillman, sitting by designation, the answer is no....

Judge Sue L. Robinson: Claim Construction

Posted on May 13, 2009
Judge Robinson recently construed the following claim terms in patents related to technology involving casino gaming devices: - "bonus" - "bonus play period" - "command" - "message" - "Issuing a 'command' 'responsive to a predetermined event'" - "Issuing a 'command'...

District of Delaware New Intellectual Property Case Filings

Posted on May 13, 2009
4/29: Mosaid Technologies, Inc. v. Shoretel Inc. (patent infringement) 4/29: Pfizer Inc., Warner Lambert Company, LLC, CP Pharmaceuticals International CV and Northwestern University v. Actavis Elizabeth LLC and Actavis Inc. (patent infringement) 4/29: Pfizer Inc...

Judge Joseph J. Farnan, Jr.: Claim Construction

Posted on May 06, 2009
Judge Farnan recently construed the claim terms in a patent related to a combination of "(1) the (-) -enantiomer of an antiviral agent known as BCH-189...and (2) the well-known HIV antiviral agent AZT." Glaxo Group Ltd. v. Teva Pharmaceuticals USA,...

Judge Joseph J. Farnan, Jr.: Notice of Trade Secret Use

Posted on May 06, 2009
A plaintiff's place of residence will not excuse the reasonable diligence requirement to discover a trade secret claim under 6 Del. C. Section 2006. In fact, a foreign plaintiff will be deemed to be on notice once a patent is...

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