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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

Magistrate Judge Leonard P. Stark: No Stay for Pending Litigation Against Infringer

Posted on February 03, 2009
A pending appeal in the Federal Circuit between the same parties and involving the same patents is not enough to warrant a stay in pending litigation between the same parties and same patents in the district court. St. Clair Intellectual...

Magistrate Judge Mary Pat Thynge: Motion to Amend in Companion Case

Posted on October 13, 2008
A plaintiff chooses to file three separate actions in the same district against three separate alleged infringers. The plaintiff asserts the same patents in all three actions. A defendant in one of the matters adds an inequitable conduct defense against...

Sue L. Robinson: Pleading State-Law Business Torts in D. Del.

Posted on October 10, 2008
On Wednesday, District Judge Sue L. Robinson emphasized, as earlier D. Del. cases have, that inadequately pleaded state-law claims in patent cases will not be tolerated. In the underlying infringement litigation, plaintiff sought redress for trade-secret misappropriation and a variety...

New District of Delaware Intellectual Property Case Filings

Posted on October 09, 2008
9/11: Alma Lasers Ltd. and Alma Lasers, Inc. v. Palomar Medical Technologies, Inc. (patent infringement) 9/16: Promos Technologies, Inc. v. LSI Corporation and Agere Systems, Inc. (patent infringement) 9/18: Autodesk Canada Co. v. Assimilate, Inc. (copyright infringement) 9/19: Packers Plus...

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Judge Sue L. Robinson: No Preliminary Injunction Despite Head to Head Competition

Posted on October 09, 2008
The U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC continues to make it difficult to obtain injunctive relief. Judge Robinson, in Wellman, Inc. v. Eastman Chemical Co. , found that even if plaintiff had demonstrated a likelihood of....

Sue L. Robinson: License Exclusivity Not Solely Function of Parties' Intent

Posted on October 07, 2008
Earlier this year, we reported on a licensee-standing decision by Magistrate Judge Leonard P. Stark. In that decision, the Magistrate Judge recommended that a licensee operating under an agreement subject to "pre-existing nonexclusive licenses" could nonetheless pursue litigation as an...

Judge Farnan Denies Motion for Attorneys' Fees

Posted on October 03, 2008
In a somewhat unusual procedural posture, Defendants moved the district court for attorneys' fees following a stipulated judgment of non-infringement after Judge Farnan issued his Markman Order construing the terms in favor of defendants. Prism Technologies LLC v...

UPDATE Sue L. Robinson: Calculating Pre-Judgment Interest, and Other Damages-Related Inquiries

Posted on October 03, 2008
District Judge Sue L. Robinson has modified a recent damages order, reported by us last month, that accounted for the award's tax treatment: "It is apparent from the papers submitted that the appropriate method of calculating prejudgment interest based on...

Joseph J. Farnan: Motion-to-Strike Victory for ANDA Filer

Posted on October 02, 2008
That willfulness is not properly a part of a Hatch-Waxman case is not a controversial proposition anymore. In a recent opinion, District Judge Joseph J. Farnan Jr. reaffirmed a long line of cases that jettisoned willful infringement allegations grounded solely...

UPDATE Sue L. Robinson: Fees Motion Incorrect Vehicle for Analyzing Enforceability

Posted on October 02, 2008
Thanks to Bob Matthews at Latimer Mayberry in Virginia for sending us a recent case similar to Judge Robinson's fees decision, posted below. Just two days before the Delaware decision issued, the Northern District of Ohio reached the same conclusion:...

Sue L. Robinson: Fees Motion Incorrect Vehicle for Analyzing Enforceability

Posted on September 30, 2008
On Friday, District Judge Sue L. Robinson resolved an atypical motion for attorney fees. By its motion, a prevailing defendant sought reimbursement on the ground that plaintiff alleged inequitable conduct rendered the subsequent litigation frivolous. The catch? The Court never...

Joseph J. Farnan: $3 Million Plaintiff's Verdict Entered

Posted on September 29, 2008
Following a plaintiff's jury verdict and post-trial proceedings, including sanctions motions, District Judge Joseph J. Farnan Jr. has entered a final judgment in the St. Clair/Fuji infringement litigation. The Court entered judgment for St. Clair in the amount of $3,003,465...

Jury Verdict for Plaintiff Siemens Medical Solutions, USA, Inc.

Posted on September 29, 2008
Last week, a jury returned a verdict for Plaintiff Siemens Medical Solutions, USA, Inc. finding that Saint-Gobain Ceramics & Plastics infringed U.S. Patent No. 5,525,905 related to technology used in PET scanners (medical imaging scanners). Although the jury did not...

Joseph J. Farnan: Failure to Disclose Does Not Always Equate to Inequitable Conduct

Posted on September 25, 2008
Resolving a charge of inequitable conduct requires a close reading of an often conflicting factual record for clues that evince an intent to deceive. In a post-trial opinion released yesterday, District Judge Joseph J. Farnan Jr. acknowledged that fine evidentiary...

Joseph J. Farnan: Invalidity Holding Trumps Infringement Reference in Final Judgment

Posted on September 22, 2008
Following post-trial decisions on invalidity and evidentiary matters earlier this year, District Judge Joseph J. Farnan Jr. has entered a final judgment in the Boehringer/Mylan Pharmaceuticals ANDA litigation. In its June 2008 decision, the Court held the patent-in-suit infringed but...

Young Conaway to Host INTA Roundtable: "Internet Enforcement - Who, What, and Where Are We to Search?"

Posted on September 19, 2008
Young Conaway Stargatt & Taylor, LLP will host the International Trademark Association?s Wilmington, Delaware roundtable on Wednesday, October 22, from noon to 2 p.m. The topic is ?Internet Enforcement ? Who, What, and Where Are We to Search?? and lunch...

Sue L. Robinson: Calculating Pre-Judgment Interest, and Other Damages-Related Inquiries

Posted on September 16, 2008
District Judge Sue L. Robinson has issued a decision in the long-running Cordis/Medtronic litigation clarifying the standards and procedures surrounding several damages issues common to patent litigation. In yesterday's memorandum opinion, the Court first addressed pre-judgment interest, holding that the...

Chief Judge Gregory M. Sleet: Premature to Reconsider Claim Construction While Reexam Ongoing

Posted on September 15, 2008
District court litigation, reexamination, and agency adjudication are only some of the pitfalls that accompany the life of a patent. When proceeding simultaneously, these procedural avenues only increase the risk of contradictory rulings, especially in the area of claim construction...

New District of Delaware Intellectual Property Filings

Posted on September 10, 2008
8/20: Chase Bank U.S.A. N.A. v. Source Inc. (patent infringement) 8/21: CIMA Labs Inc., Azur Pharma Ltd. and Azur Pharma International III Ltd. v. Barr Laboratories, Inc. and Barr Pharmaceuticals, Inc. (patent infringement) 8/22: Endo Pharmaceuticals Inc...

Federal Bar Association (Delaware Chapter): Upcoming CLE

Posted on September 05, 2008
On September 11, 2008 at 3:00 p.m., the Delaware Chapter of the Federal Bar Association in conjunction with the Bankruptcy Court for the United States District Court of Delaware will be presenting a CLE entitled "Intersections of Bankruptcy and Intellectual...

Judge Joseph J. Farnan, Jr.: There Are Limits to Discovery

Posted on September 03, 2008
Parties to litigation, and particularly high stakes patent litigation, spend a lot of time and money discovering facts that may prove their case or defense. Judge Farnan in a recent opinion has made clear, however, that there are limits to...

Judge Sue L. Robinson: A Party Cannot Use Confidential Information as "both a shield and a sword"

Posted on September 03, 2008
In a recent simple, and straightforward opinion, Judge Robinson granted a plaintiff's motion to exclude expert testimony where the expert report relied on knolwedge of work done for a government agency which was not able to be disclosed. Siemens Medical...

Sue L. Robinson: Unclear Record Precludes Anticipation, Obviousness Findings

Posted on August 28, 2008
In another example of the difficulty of obtaining summary judgment in Delaware, district judge Sue L. Robinson has refused to invalidate a network-security patent on the grounds of anticipation and obviousness. By doing so, the Court also highlighted the importance...

New District of Delaware Intellectual Property Case Filings

Posted on August 19, 2008
7/29: Softspikes LLC, Pride Manufacturing LLC v. MacNeill Engineering Company Inc. (patent infringement) 7/29: Trisport Ltd. Greenkeepers of Delaware LLC and Greenkeepers Inc. (patent infringement) 7/30: CRS LLC v. Napster LLC (patent infringement) 7/30: CRS LLC v...

Sue L. Robinson: "Small, Regional" Defendants Win Transfer to D. Ariz.

Posted on August 15, 2008
In an unusual outcome in the District of Delaware, a transfer motion has been granted. In a recent opinion, district judge Sue L. Robinson found that two affiliated defendant-companies, both located in Arizona, had overcome the strong presumption in favor...

Six New Jersey District Judges Designated to Sit in Delaware

Posted on August 11, 2008
On the heels of the announcement that judges from the Eastern District of Pennsylvania will begin hearing cases filed in Delaware, Third Circuit Chief Judge Anthony J. Scirica has designated six judges from the District of New Jersey to do...

Sue L. Robinson: Noerr-Pennington Immunity Applies to Suits Brought on "Weak" Patents

Posted on August 08, 2008
Infringement actions often provoke a raft of counterclaims that assert non-patent theories, including business-competition torts. When a party pursues these unfair competition claims, however, the plaintiff retains some doctrinal immunity from suit. And, according to District of Delaware Judge Sue...

Motion to Transfer Denied: Inconvenience Will Not Take Precedence over Delaware Corporation's Choice of Forum

Posted on August 01, 2008
It is well-established that plaintiff's choice of forum will be a strong consideration in deciding a motion to transfer. Judge Sleet in denying the defendants' motion to transfer in the case Acuity Brands, Inc. v. Cooper Industries, Inc., again stressed...

New District of Delaware Filings 2008

Posted on February 08, 2008
1/25: Endo Pharms. Inc. and Penwest Pharms. Co. v. Impax Laboratories, Inc. (patent infringement) 1/25: Forest Laboratories Inc., Forest Laboratories Holdings Ltd., Merz Pharma GmbH & Co. KGaA, Merz Pharms. GmbH v. Dr. Reddy's Laboratories, Inc., Dr...

Holding Company Subject to Personal Jurisdiction Based on Subsidiary's Conduct

Posted on February 01, 2008
One avenue to obtaining personal jurisdiction over a non-resident defendant is to assert the familiar "stream of commerce" theory of long-arm jurisdiction: the foreign party purposefully shipped the accused product through established distribution channels, thereby causing injury in the forum...

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