Intellectual Property Law

Decision Clears Way for Four New Stent Cases to Go Forward

Posted on January 29, 2008
In the ongoing battle between Boston Scientific Corporation, Johnson & Johnson Inc. and Cordis Corporation, the District of Delaware recently handed BSC a victory, allowing it to proceed in four declaratory judgment actions each seeking a judgment on invalidity on one of four patents related to drug-eluting coronary stent technology...

Court Finds Patent Claim Invalid For Lack Of An Adequate Written Description

Posted on January 28, 2008
Crown Packaging Tech., Inc. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT (D. Del. Jan. 22, 2007) Rexam moved for partial summary judgment of invalidity and noninfringement. The Court granted both motions in part. As to noninfringement, the Court held that Rexam did not infringe the claim at issue under the doctrine of equivalants, granting Rexam’s noninfringement summary judgment motion...

New District of Delaware Filings

Posted on January 25, 2008
1/15: Tatoo Johnny, Inc. v. Matthew Walker (copyright infringement) 1/17: Validus Pharmaceuticals, Inc. v. Actavis South Atlantic LLC and Actavis, Inc. (patent infringement) 1/17: Applabs, Inc. v. Vocalocity, Inc. (copyright infringement)

New Standing Order Regarding Vacant Judgeship Cases

Posted on January 24, 2008
By Standing Order dated January 23, 2008, all cases assigned to the vacant judgeship prior to August 6, 2007, all cases assigned purusant to the Order of August 6, 2007 (whih assigned civil cases to the Magistrate Judges), and all new cases filed in this District shall be assigned and divided among the three active District Court Judges...

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Court Maintains DJ Jurisdiction Over Amazon's Counterclaim in Dispute over i-names and Address Book Information

Posted on January 24, 2008
In the case Cordance Corp. v. Amazon.com, Inc., C.A. No. 06-491-MPT, Memo. Order (D. Del. January 22, 2008), Cordance Corp. has alleged that Amazon's trademarked "1-click" technology infringes its patent covering i-name technology. Amazon.com filed a declaratory judgment counterclaim alleging that Cordance's promotion of the i-name services infringes its patent covering software realted to personal address books...

New District of Delaware Filings

Posted on January 16, 2008
1/9: Riverbed Technology, Inc. v. Quantum Corporation (patent infringement) 1/10: Forest Laboratories, Inc., Forest Laboratories Holdings, Ltd., Merz Pharma GmbH & Co., KGaA v. Cobalt Laboratories, Inc. (patent infringement) 1/8: Forest Laboratories, Inc...

Delaware Judge Examines, Then Defers, Separate Patentability Argument

Posted on January 11, 2008
An accused device infringes under the doctrine of equivalents when, among others, the alleged equivalent represents an "insubstantial" change from the claim language. Uncertainty arises, however, when the equivalent is itself patented. Would a finding of equivalence amount to a declaration that the patent covering the accused device is invalid? Perhaps to avoid this outcome, the Federal Circuit has held that a finding of equivalency in this scenario is "considerably more difficult to make out," albeit not necessarily foreclosed...

Objective Recklessness: Failure to Obtain Advice of Counsel is Relevant to Willfulness Inquiry

Posted on January 08, 2008
After the Federal Circuit released its Seagate decision, Patently-O asked a fair question: "What role, if any, is there for the thick, formal opinions explaining in detail why a particular patent is invalid, unenforceable, and/or not infringed?" A recent decision by District of Delaware Chief Judge Gregory M...

New District of Delaware Filings

Posted on January 02, 2008
12/21: Fifth Market, Inc. v. Board of Trade of the City of Chicago, Inc. (patent infringement) 12/21: Samsung Electronics Co., Ltd. v. Sharp Corporation et. al. (patent infringement) 12/26: Wall Corporation v. BondDesk Group, L.L.C., and BondDesk Trading, L...

Summary Judgment Granted in Beverage Can Case

Posted on January 02, 2008
On December 21, 2007, Magistrate Thynge granted summary judgment to Reexam Beverage Co. finding that two claims of US Patent No. 5,697,242 were infringed. Crown Packaging Tech. Inc. v. Reexam Beverage Can Co., C.A. No. 05-608-MPT, Memo. Order (D. Del...

Delaware District Judge Dismisses "Hunting License" Infringement Suit

Posted on December 27, 2007
The distinction between an assignee and licensee is crucial to determining whether a party has standing to sue for infringement. Whether through ownership or assignment, those parties that hold all substantial rights to a patent - and those who hold all exclusionary rights but not all substantial rights - generally enjoy the ability to enforce the patent...

Long Scheduled Trial Date Precludes Delay in Expert Discovery

Posted on December 27, 2007
In a recent opinion, Delaware district judge Joseph J. Farnan Jr. reaffirmed the necessity of confirming expert witnesses' availability for pretrial discovery and trial. In the underlying litigation, defendant sought to delay expert reports and depositions on the basis of unavailability...

Judge Robinson Sanctions Violation of Model Rule 4.2

Posted on December 21, 2007
Microsoft Corp. v. Alcatel Bus. Sys., C.A. No. 07-090 (D. Del. Dec. 18, 2007). This case dealt with a violation of Model Rule of Professional Conduct 4.2 by two attorneys from a prominent national firm. The attorneys purchased, on the open market, an Alcatel Communications System that contained certain features at issue in the patent litigation...

D. Del. Deposition Practice: Let the Witness Answer

Posted on December 21, 2007
It is well established in the District of Delaware that instructing a deponent to withhold a response is rarely permitted. Absent a genuine possibility that privileged information will be disclosed, our district judges are uniform in their disapproval of this deposition tactic...

"Extended Release Formulation" and other terms defined in ANDA case

Posted on December 20, 2007
Recently, in the Wyeth v. Impax Laboratories, Inc. case, Judge Farnan construed three separate claim terms: (1) "extended release formulation"; (2) "diminished incidences of nausea and emesis"; and (3) "a method for eliminating the troughs and peaks of drug concentration in a patient's blood plasma...

District of Delaware New Case Filings

Posted on December 19, 2007
11/29: Senju Pharmaceutical Co., Ltd., Kyorin Pharmaceutical Co., Ltd. and Allergan, Inc. v. Apotex, Inc., Apotex Corp. and Apotex Pharmachem India, PVT, Ltd. (patent infringement) 11/30: Sun Microsystems, Inc. v. Versata Enterprises, Inc...

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