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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 Sue L. Robinson: Motion to Dismiss Denied Where Documents Outside the Pleadings and Not Subject to Judicial Notice

Posted on October 04, 2010
Judge Robinson denied plaintiffs? motion to dismiss certain counterclaims where the facts relied on in plaintiffs? motion were outside the pleadings and not subject to judicial notice. Ricoh Company Ltd. v. Oki Data Corporation, C.A. No. 09-694-SLR, Memo...

Judge Stark: Motion to strike expert's rebuttal report DENIED

Posted on October 01, 2010
Judge Stark recently denied defendant?s motion to strike the rebuttal report of plaintiff?s invalidity expert. Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C.A. No. 09-495-LPS (D. Del. Sept. 27, 2010). Judge Stark found that plaintiff did prejudice defendant...

Judge Bartle: Motion to Exclude Patent Law Expert GRANTED in Part

Posted on September 29, 2010
Following a long run of Delaware precedent on the admissibility of expert testimony related to patent law, Judge Bartle granted in part plaintiffs' motion to strike the expert witness report of defendants' patent law expert. Brigham and Women's Hospital, Inc...

Judge Sleet: Plaintiff may rely on circumstantial evidence to prove literal infringment

Posted on September 20, 2010
In Roquette Freres v. SPI Pharma, Inc., C.A. No. 06-540-GMS (D. Del. Sept. 17, 2010), defendant filed a motion in limine to prevent plaintiff from presenting evidence of certain data of tests run on samples of the accused products. Id....

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Judge Robinson: Lengthy Summary Judgment Opinion in Intermec Case

Posted on September 17, 2010
On Wednesday, Judge Robinson issued a lengthy summary judgment opinion on multiple invalidity and infringement issues in Intermec Tech. Corp. v. Palm, Inc., C.A. No. 07-272-SLR (D. Del. September 15, 2010). The opinion touches on a variety of issues: indefiniteness,...

Sue L. Robinson: Data-Capture Patents Construed

Posted on September 17, 2010
District judge Sue L. Robinson issued a claim construction decision on Tuesday addressing a variety of claims related to data-capture systems. In particular, the Court construed the following terms and phrases: "Communication means for transmitting data between said server station...

Sue L. Robinson: Judge Robinson again denies stay pending reexamination

Posted on September 16, 2010
A few days after discussing the factors that the court will weigh to determine if a stay pending reexamination is warranted on the eve of trial (see Belden opinion), Judge Robinson issued a second opinion denying a stay. In this...

Judge Robinson: Stay Pending Reexam Denied in Belden case

Posted on September 16, 2010
Earlier this month, Judge Robinson issued an opinion in Belden Techs., Inc. v. Superior Essex Commc'ns LP, C.A. No. 08-63-SLR (D. Del. Sept. 2, 2010) (mem.), denying defendant Superior Essex's motion for a stay pending re-examination of the patents in...

Mary Pat Thynge: Preserving Trial Counsel's Role in Reexamination

Posted on September 10, 2010
Controlling costs and increasing efficiency are vital components of any patent-protection strategy. A recent memorandum order by magistrate judge Mary Pat Thynge highlights these concerns in the context of reexamination. By directing that a patentee's trial counsel may participate in...

Judge Robinson: Plaintiff must plead failure to mark with facts to show defendant did not have reasonable belief that items were properly marked

Posted on September 01, 2010
In Brinkmeier v. BIC Corp., et al., C.A. Nos. 09-860-SLR, 10-01-SLR (D. Del. Aug. 25, 2010), Judge Robinson recently granted defendants? motions to dismiss for failing to state a claim under Federal Rule of Civil Procedure 12(b)(6). Defendants BIC Corporation...

Judge Sue L. Robinson: Change in Courtroom/Chambers

Posted on August 31, 2010
A notice has been posted on the District of Delaware website that Judge Robinson's courtroom and chambers have been relocated to the 4th floor. All hearings previously scheduled for courtroom 6B will now be in courtroom 4B....

Judge Leonard P. Stark: Scheduling Order (Patent Cases)

Posted on August 26, 2010
In a case assigned to Judge Leonard P. Stark, he recently issued an Order scheduling a Rule 16 teleconference and attached a draft copy of the Rule 16 form scheduling order. This form is not yet posted to the Court's...

Sue L. Robinson: Data-Cable Patent Claims Construed

Posted on August 25, 2010
Yesterday, district judge Sue L. Robinson issued a decision that construed claims in several patents related to high-performance data cables and associated methods for making those cables. The Court construed the following terms: "Configurable" "Dielectric pair separator" "Grooves" and "Channels"...

Judge Stark: Double Inadvertent Production Not Necessarily Waiver of Privilege

Posted on August 20, 2010
On Wednesday, Judge Stark issued what looks to be his first order signed as a United States District Judge (at least the first to be posted to the Court's website): Allergan Inc. v. Barr Laboratories Inc., C.A. No. 09-333-SLR-LPS (D....

Judge Robinson: Default Judgment Denied for Girafa

Posted on August 19, 2010
Earlier this month, Judge Robinson issued a memorandum opinion in Girafa.com, Inc. vs. Smartdevil, Inc., C.A. No. 07-787-SLR (D. Del. Aug. 8, 2010). Girafa had initially brought a patent infringement action against a series of defendants, but Judge Robinson granted...

Judge Leonard P. Stark: Case Reassignments

Posted on August 18, 2010
Things are moving quickly here in the District of Delaware. In a flurry of docket activity the past 24 hours, it appears that cases previously assigned to Judge Farnan (who retired from the bench on July 31, 2010) are being...

Judge Leonard P. Stark: Sworn In

Posted on August 17, 2010
As reported on the District of Delaware website: "Judge Leonard P. Stark was sworn-in as a U.S. District Judge on August 16, 2010. A formal ceremony will be held in the future."...

Judge Sue L. Robinson: Permanent Injunction Denied in ANDA Suit

Posted on August 17, 2010
The Hatch-Waxman statute provides that when an act of infringement is found, the court shall order the effective date of approval of any durg to be no earlier than the date of the expiration of the patent-in-suit. 35 U.S.C. 271(e)(4)(A)....

Jury Verdict: Facebook Prevails on Invalidity Claim

Posted on August 16, 2010
A jury recently returned a verdict in the battle between Leader Technologies, Inc. and Facebook. By its verdict, the jury found that Facebook literally infringed Leader's '761 patent. But the jury also found that Facebook demonstrated the invalidity of the...

Sue L. Robinson: Rexamination Record Inadmissible as Trial Evidence

Posted on August 16, 2010
In a comprehensive opinion addressing a multitude of pretrial motions, district judge Sue L. Robinson offered a key insight into her practice admitting the PTO's reexamination record at trial. As part of its analysis on a motion for summary judgment....

Joseph J. Farnan: Fixing a Scrivener's Error in IP Transfers

Posted on August 13, 2010
In one of his last acts as a judicial officer, now-retired district judge Joseph J. Farnan Jr. issued a decision resolving a contractual ambiguity of major proportions. The underlying IP transfer agreement called for the conveyance of "patent rights" between...

Judge Robreno: Motion for Summary Judgment GRANTED after claim construction order found claim invalid under means plus function analysis

Posted on August 09, 2010
On August 4, 2010, Judge Robreno granted defendants' motion for summary judgment. In his June claim construction order, Judge Robreno found that certain claims were indefinite under 35 U.S.C. � 112, � 6, because the means-plus-function claims did not receite...

Judge Thynge: Finding in favor of plaintiff after bench trial on issues of inequitable conduct and patent misuse

Posted on August 06, 2010
In Cordance Corp. v. Amazon. com, Inc. et al., C.A. No. 06-491-MPT (D. Del. July 23, 2010), Judge Thynge recently presided over a bench trial on defendants? claims that plaintiff was guilty of inequitable conduct. During prosecution of the patent...

Judge Thynge: Injunction Denied in Cordance

Posted on August 06, 2010
In Cordance Corp. v. Amazon. com, Inc. et al., C.A. No. 06-491-MPT (D. Del. July 23, 2010), Judge Thynge denied Cordance Corp.'s request for an injunction or, in the alternative, for a royalty for ongoing damages. Amazon was found by...

Leonard P. Stark's Nomination Confirmed by US Senate

Posted on August 05, 2010
THIS JUST IN...The United States Senate today, confirmed Leonard P. Stark as a district court judge for the District of Delaware, filling the long vacant seat left by Judge Kent A. Jordan who was elevated to the Third Circuit Court...

Judge Farnan: Typographical error does not deprive plaintiff of standing to sue

Posted on August 02, 2010
After a jury trial returned a verdict in favor of plaintiff, Judge Farnan recently presided over a bench trial on the issue of plaintiff?s standing. The Dow Chemical Company v. Nova Chemicals Corporation (Canada), et al., C.A. 05-737-JJF (D. Del....

Joseph J. Farnan: Reverse Engineering Leads to Willfulness Judgment

Posted on August 02, 2010
District judge Joseph J. Farnan Jr. recently issued a strongly worded decision on willfulness, one that all litigators - and in-house counsel - should heed. The Court initially ordered a retrial on willfulness following the Federal Circuit's Seagate decision...

Judge Farnan: Motion for preliminary injunction DENIED

Posted on August 02, 2010
Judge Farnan recently denied plaintiff?s motion for a preliminary injunction related to handheld mobile computers. Symbol Technologies, Inc. v. Janam Technologies LLC, C.A. No. 08-340-JJF (D. Del. July 20, 2010). Judge Farnan found that plaintiff had shown a likelihood of...

Judge Farnan: Motion to amend complaint late in case GRANTED

Posted on August 02, 2010
In the ANDA case Sepracor Inc. v. Dey L.P. and Dey, Inc., C.A. 06-113-JJF (D. Del. July 15, 2010), Judge Farnan granted plaintiff?s motion to amend its complaint to add claims for damages after defendants began selling their generic product...

Judge Sue L. Robinson: Markman Opinion

Posted on August 02, 2010
The Court construed the following claim terms in a case involving patented telecommunications technology: - a ?connection? or ?communications connection? - ?changing over?during the existing transfer? and ?changing over?without interruption of the communications connection? - ?changing over?without interruption of a...

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