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

Sue L. Robinson: "Extraordinary Circumstances" Warrant Rule 60(b) Relief from Judgment

Posted on January 19, 2011
Obtaining relief from judgment under Rule 60(b) is normally a difficult exercise, as courts are rightfully reluctant to disturb their own findings. Vacating a judgment under Rule 60(b)(6)'s catch-all provision, which authorizes courts to do so for "any other reason...

Chief Judge Gregory M. Sleet: Motion to Transfer Denied

Posted on January 19, 2011
Chief Judge Sleet denied HTC's motion to transfer pending patent litigation brought by Apple Inc. related to smartphone technology finding that "Apple's choice of forum should prevail." Apple Inc. v. High Tech Computer Corp., C.A. Nos. 10-166-GMS, 10-167-GMS, Memo...

District of Delaware Federal Trial Practice Seminar - Applications Now Being Accepted for Spring 2011 Program

Posted on January 18, 2011
I am pleased to pass along an announcement from the Delaware Chapter of the Federal Bar Association regarding the Second Annual Federal Trial Practice Seminar. (A flyer is also posted below.) The United States District Court for the District of...

Judge Stark: Collateral Estoppel Applied to Claim Construction in Biovail

Posted on January 14, 2011
Judge Stark recently issued a claim construction memorandum opinion in Biovail Laboratories International SRL v. Intelgenx Corp., C.A. No. 09-605-LPS (D. Del. Dec. 27, 2010), construing two claims. Both claim constructions were determined based on prior cases involving the same...

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

Chief Judge Sleet: Stay Granted in Infineon

Posted on January 13, 2011
Recently, in Infineon Technologies AG v. Volterra Semiconductor Corp., C.A. No. 10-47 (GMS) (D. Del. Jan. 13, 2011), Chief Judge Sleet granted a stay a District of Delaware case in light of a related case pending in the Northern District...

Special Master decision regarding party access to confidential information and prosectuion bar

Posted on January 12, 2011
In LadaTech, LLC v. Illumina, Inc., C.A. No. 09-627-SLR (Jan. 3, 2011), a recent Special Master decision, Plaintiff wanted its General Counsel, who was also one of three directors of the company, to have access to all confidential information produced...

Grape Jury Verdict

Posted on January 12, 2011
One jury verdict slipped through the cracks last month: in Grape Technology Group, Inc. v. Jingle Networks, Inc., C.A. No. 08-408-GMS (D. Del. Dec. 9, 2010), the jury found for that the patents at issue were not invalid, but also...

Sue L. Robinson: Expert's Deposition Testimony Favored Over Competing Website Article

Posted on January 07, 2011
On Wednesday, District Judge Sue L. Robinson issued a summary judgment decision notable for its assessment of a party's expert evidence. Although the Court eventually granted defendant Cisco's motion for summary judgment of noninfringement, it rejected, as part of the...

Judge Sue L. Robinson: Motion to Transfer False Marking Case GRANTED

Posted on January 07, 2011
Judge Robinson transferred a false marking case where one of the plaintiffs and the defendant are engaged in patent infringement over four of the same patents at issue in the false marking case (even though it was not the first-filed...

Judge Stark: Third party motion for access to confidential documents DENIED

Posted on December 30, 2010
Judge Stark recently considered third party Anvik Corporation?s motion for a limited intervention to obtain copies of evidence in LG Display Co., Ltd. v. AU Optronics Corp, et al., C.A. No. 06-726-LPS (D. Del. Dec. 29, 2010). Anvik filed a...

Leonard P. Stark: Stay Pending Reexamination Granted

Posted on December 29, 2010
District Judge Leonard P. Stark issued a decision on Monday staying an infringement action in favor of two pending reexamination proceedings. The Court noted that a related Delaware action, which involves the same plaintiffs asserting the same patents against different...

Magistrate Judge Joel Schneider: Production of Translated Documents

Posted on December 29, 2010
Magistrate Judge Schneider sitting by designation from the District of New Jersey recently held that a plaintiff is required to produce translated documents for any document it translates in the ordinary course of business, as well as all answers to....

Jury Verdict in ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-LPS

Posted on December 29, 2010
A jury recently returned a verdict upholding the validity of plaintiff's patents and finding that defendant's original and modified accused products literally infringed two of three patents-in-suit, and infringed under the doctrine of equivalents. The jury also found that defendant...

Robert F. Kelly: Construing the Claims of DNA-Sequencing Patents

Posted on December 23, 2010
Senior Judge Robert F. Kelly recently issued a claim-construction decision that addressed several patents in the DNA-sequencing field. In particular, the Court construed the following terms and phrases: "Amplification system" "Polymerase enzyme system" "Aqueous liquid phase that includes a cell-free,...

Judge Leonard P. Stark: Motion to Stay Pending Reexam DENIED

Posted on December 23, 2010
In what appears to be Judge Stark's first decision on a motion to stay pending reexamination as an Article III judge, he denied the defendants' request to stay the action pending an inter partes reexamination. Cooper Notification, Inc. v. Twitter,...

Judge Robinson: Rule 56(d) Motion Denied in Acceleron

Posted on December 22, 2010
Last week, Judge Robinson denied a Rule 56(d) motion by Acceleron in Acceleron, LLC. v. Hewlett-Packard Co., C.A. No. 10-128-SLR (D. Del. Dec. 16, 2010). Faced with a motion for summary judgment of non-infringement, Acceleron sought additional discovery under Rule...

Magistrate Judge Thynge: Decision regarding a party's obligation to produce witnesses of its foreign affiliate for depositions

Posted on November 24, 2010
Magistrate Judge Thynge recently addressed whether a party is required to produce witnesses for depositions who are employees of its foreign subsidiary, or whether the party should seek that information pursuant to the Hague Convention. Ethypharm S.A...

Judge Robinson: Rule 12(b)(6) Motion Denied

Posted on November 18, 2010
Last week, Judge Robinson issued a short memorandum order in Eidos Communications v. Skype Tech. SA, C.A. No. 09-234-SLR (D. Del. Nov. 9, 2010), denying a Rule 12(b)(6) motion to dismiss. The motion sought dismissal based on an attached affidavit,...

Sue L. Robinson: No Exception to Policy that Prohibits Testifying Patent-Law Experts

Posted on November 12, 2010
A recent decision by district judge Sue L. Robinson further develops her policy of prohibiting patent-law experts from testifying. As part of a wide-ranging summary judgment opinion - which covers infringement, validity, and enforceability on a number of patents -...

Judge Robinson: Jury Verdict of Invalidity Reversed

Posted on November 10, 2010
Last week, Judge Robinson issued a lengthy memorandum opinion in Robert Bosch, LLC v. Pylon Man. Corp., C.A. No. 08-542-SLR (D. Del. Nov. 3, 2010), granting in part a motion for judgment as a matter of law and overturning jury...

Judge Thynge Denies Defendant's Motion to Trifurcate Infringement, Damages, and Anti-Trust Issues

Posted on November 10, 2010
Recently, Judge Thynge issued a memorandum order on a motion to bifurcate in Masimo Corp. v. Philips Elec. North Am. Corp., C.A. No. 09-80-LPS-MPT (D. Del. Oct. 6, 2010). Judge Thynge previously granted Plaintiff's motion to bifurcate Defendant's anti-trust and...

Special Master Bechtle: Deposition of In House Counsel

Posted on November 09, 2010
Special Master Bechtle recently addressed plaintiff?s motion to compel the deposition of in-house counsel for a defendant, the same person who signed the verification for that defendant?s interrogatory responses. Xpoint Technologies, Inc. v. Intel Corp...

Judge Sleet decides issue of first impression: Do the prior art rules of the Patent Act apply to defendants? obviousness-type double patenting defense?

Posted on November 09, 2010
In Eli Lilly and Co. v. Teva Parenteral Medicines, Inc., C.A. 08-335-GMS (D. Del. Nov. 5, 2010), Judge Sleet recently decided an issue of first impression -- what is the date the court should use to determine what constitutes prior...

Chief Judge Gregory M. Sleet: Markman Opinion

Posted on November 08, 2010
In a case involving certain chemical analogs and optical isomers, Chief Judge Sleet construed the following terms: - "S-(+)-4-amino-3-(2-methylpropyl) butanoic acid as a single optical isomer" - "4-amino-3-(2-methylpropyl) butanoic acid" Pfizer, Inc. v...

Sue L. Robinson: Overlooking "Basic Principle of Science" Warrants Rule 59 Relief

Posted on November 08, 2010
Rarely does a party get to revisit discovery following a post-trial decision on the merits. In a recent memorandum order that affects an earlier invalidity holding, however, District Judge Sue L. Robinson did just that. Finding that both parties overlooked...

Judge Thynge: Motion of issuance of letters rogatory for discovery into prosecution of an unrelated patent DENIED

Posted on November 05, 2010
In a recent discovery dispute before Judge Thynge in a sham litigation case, plaintiff filed a motion to issue letters rogatory seeking discovery related to the prosecution of defendants? patents. Ethypharm S.A. France v. Abbott Laboratories, C.A. 08-126-SLR-MPT (D...

Judge Thynge: Motion to Transfer Denied

Posted on October 15, 2010
Earlier this week, in Carl Zeizz Meditec, Inc. v. Xoft, Inc., C.A. No. 10-308-LPS-MPT (D. Del. Oct. 13, 2010), Judge Thynge issued a report and recommendation that defendant Xoft's motion to transfer be denied. According to Judge Thynge, "Xoft is...

Chief Judge Sleet: Post-Trial Briefs Must Only Contain Evidence Presented at Trial

Posted on October 06, 2010
In a recent post-trial opinion, Chief Judge Gregory M. Sleet touched on a host of issues, including obviousness, indefiniteness, inequitable conduct, double patenting, and infringement. Beyond the substantive analysis of the patents-in-suit, the Court also answered an equally important procedural...

Judge Robinson: Motion to Dismiss in Belden Case Results In Sua Sponte Transfer of Venue

Posted on October 06, 2010
In Belden Technologies, Inc. v. LS Corp., C.A. No. 08-823-SLR (D. Del. Sept. 30, 2010), Judge Robinson granted a motion to dismiss contesting proper jurisdiction and venue, but only "to the extent that the present action shall be transferred to...

Judge Sleet: Motion to Dismiss Counterclaims in ANDA case Denied in Part and Granted in Part

Posted on October 04, 2010
Judge Sleet recently granted in part and denied in part plaintiffs? motion to dismiss defendant?s counterclaims in an ANDA case. Bone Care International LLC v. Sandoz Inc., C.A. No. 09-524-GMS (D. Del. Sep. 30, 2010. One patent in suit had...

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...