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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 Joseph J. Farnan, Jr.: Pleading a Copyright Infringement Action

Posted on August 02, 2010
Plaintiff filed a motion to dismiss a copyright infringement action over audio compression technology. Vianix LLC v. Nuance Communications, Inc., C.A. No. 09-348-JJF, Memo. Op. (D. Del. July 20, 2010). Defendant argued that plaintiff failed to state a claim upon...

D. Del.'s Newest Special Masters

Posted on August 02, 2010
The District of Delaware has announced its newest panel of special masters. The five on the panel, three of whom are former judicial officers, are: Vincent J. Poppiti David A. White Louis C. Bechtle B. Wilson Redfearn Richard K. Hermann...

Special Master Bechtle: Contention Interrogatories - How much and when?

Posted on July 26, 2010
It?s always a looming question in patent litigation ? who goes first in responding to contention interrogatories and how much information must be provided? Special Master Bechtle addressed just this issue in XPoint Technologies, Inc. v. Intel Corporation, C...

Judge Bartle: Motion to Transfer GRANTED

Posted on July 26, 2010
In a recent transfer opinion, Judge Bartle (sitting by designation from the E.D. Pa.) granted defendant Life Technologies Corporation?s motion to transfer to the Southern District of California. Boram Pharm. Co., Ltd. v. Life Technologies Corp., C.A. No...

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Joseph J. Farnan: Source Code for Future Products Must be Produced

Posted on July 23, 2010
Discovery disputes over the production of source code often involve thorny issues of confidentiality. But sometimes those disputes are more basic, such as when a party outright refuses to produce certain code. In a recent decision, district judge Joseph J...

Judge Farnan: Default Judgment Granted in Patent Infringement Case

Posted on July 22, 2010
On Tuesday, Judge Farnan granted a default judgment in a patent infringement case against Medical Skin Therapy Research, Inc. ("MSTR"). Tristrata Technologies filed suit againt MSTR on October 17, 2006 - three years, nine months, and thirteen days before the...

Judge Farnan: Motion to Dismissed Granted Because Due To Plaintiff's Lack of Standing

Posted on July 22, 2010
On Tuesday, Judge Farnan issued an opinion in Enhanced Security Research, LLC v. Juniper Networks, Inc., C.A. No. 09-871-JJF (D. Del. July 20, 2010), dismissing Plaintiff's claims for lack of standing. The question was whether the plaintiff held enough of...

Joseph J. Farnan: Amended Complaint Allowed to Stave Off Negative Case Law

Posted on July 19, 2010
A recent decision by district judge Joseph J. Farnan Jr. illustrates the broad scope of Rule 15's amended pleading provisions. In the underlying copyright-infringement action, Leonard sought to leave open the operative infringement date in response to negative case law...

Jerome B. Simandle: Claim Construction Inappropriate on Motion to Dismiss

Posted on July 14, 2010
Visiting district judge Jerome B. Simandle issued a decision Monday that refused to construe a set of claims for purposes of resolving a motion to dismiss. By their motion, Defendant Trigen and another claimed that, based on the motion's record,...

Judge Stark: Motion for Preliminary Injunction GRANTED

Posted on July 12, 2010
In their motion for a preliminary injunction, plaintiffs sought to enjoin defendant from bringing to market defendant?s generic version of plaintiffs? drug. Id. at 1. Plaintiffs? motion was filed after the Court held its March 23, 2010 Markman hearing and...

Judge Farnan: Damages opinion

Posted on July 12, 2010
Judge Farnan decided damages in the amount of $305,399 plus pre- and post-judgment interest in AU Optronics Corp. v. LG Display CO., et al., C.A. No. 07-357-JJF (D. Del. July 8, 2010). Judge Farnan found that AUO failed to establish...

Special Master Seitz: Decision on objections to instructions that 30(b)(6) witness not answer questions

Posted on July 12, 2010
Special Master Seitz recently decided Defendants? Objections to Plaintiff?s Instructions Not to Answer Questions at Deposition of Plaintiff?s Rule 30(b)(6) Witness. One of the four issues decided involved counsel for Plaintiff instructing the witness not to answer questions regarding communications...

Magistrate Judge Thynge: Summary Judgment GRANTED in Patent Infringement Action

Posted on July 08, 2010
Last week, Magistrate Judge Thynge granted summary judgment of non-infringement in Innovative Patents, L.L.C. v. Brain-Pad, Inc., C.A. No. 07-680-MPT, Mem. Opinion (D. Del. June 29, 2010) [Innovative Patents II]. Plaintiffs Innovative Patents, L.L.C. and Forcefield, Inc...

Magistrate Judge Stark: Mylan Pharm. Motion to Amend Granted

Posted on July 08, 2010
On May 28th, Magistrate Judge Stark issued an order granting Mylan Pharmaceuticals, Inc.'s motion to amend its infringement response to include an allegation of unenforceability due to inequitable conduct, based on plaintiff Galderma Laboratories' failure to disclose an allegedly material...

Judge Robinson: Obviousness Found in Zymar case

Posted on July 07, 2010
Judge Robinson recently issued an opinion in Senju Pharmaceuitical Co. v. Apotex, Inc., C.A. No. 07-779-SLR (D. Del. June 16, 2010), holding that the patent at issue was infringed, but also invalid as obvious. Senju had asserted several claims of...

Joseph J. Farnan: Applicants' "Misjudgment" Precludes Finding of Intent to Deceive

Posted on July 02, 2010
In a wide-ranging post-trial opinion issued on Thursday, District Judge Joseph J. Farnan Jr. covered many topics, including standing, reissue, obviousness, and inequitable conduct. Of these, the Court's decision on inequitable conduct is particularly noteworthy for its explanation of the...

Judge Baylson: Claim construction order

Posted on June 28, 2010
Judge Baylson issued a recent claim construction order construing the following terms: "discrete region(s)" "fixed upon a solid support according to an array comprising discrete regions" "determining the possible presence and quantification of precipitate(s) in said discrete region(s)" "correlating the...

Joseph J. Farnan: Multiplicity of Prior Art Leads to Stay of Proceedings

Posted on June 28, 2010
On Friday, District Judge Joseph J. Farnan Jr. granted a request for a stay pending reexamination. While this outcome is not unusual in Delaware, the Court made the notable observation that the sheer number of prior art references at issue...

Leonard P. Stark: Document Production Prior to Amendment Deadline Precludes New Counterclaim

Posted on June 25, 2010
Although parties to litigation enjoy a wide latitude in amending pleadings, the ability to change one's case theory midstream has its limits. A recent decision by Magistrate Judge Leonard P. Stark demonstrates these boundaries. In the underlying infringement litigation, Facebook...

Federal Bar Association Honors Judge Joseph J. Farnan, Jr.

Posted on June 23, 2010
The Delaware Chapter of the Federal Bar Association honored district judge Joseph J. Farnan, Jr. today at its annual meeting in Wilmington. The event, also sponsored by the United States District Court for the District of Delaware, brought together a...

Leonard P. Stark: Claim Construction in Cholesterol-Reduction Patent Dispute

Posted on June 22, 2010
A recent claim-construction report and recommendation by Magistrate Judge Leonard P. Stark approached the dilemma of construing numerous terms in a creative way. Faced with over fifty disputed claim terms, the Court posed six questions that, when answered, would resolve...

Gregory M. Sleet: "Hard-Fought" Litigation Cannot Justify Fee Award

Posted on June 18, 2010
Chief Judge Gregory M. Sleet recently reaffirmed the notion that fervid advocacy on behalf of a client cannot alone justify a Section 285 fee award. As part of the Court's post-trial findings on invalidity, the Court rejected a concomitant fee...

Mary Pat Thynge: Email Received at Eleventh Hour Need Not be Disclosed in Reply Brief Filed the Same Day

Posted on June 17, 2010
When does a party have an obligation to inform the Court in its motion practice of ongoing negotiations between the parties? According to Magistrate Judge Mary Pat Thynge, not at the "eleventh hour." Shortly before defendants in the underlying infringement...

Judge Robreno Claim Construction Opinion

Posted on June 17, 2010
Judge Robreno recently issued a claim construction opinion in a case involving 2 patents and nearly 30 disputed claim terms. The patents involve technology related to elevator installation. The disputed claim terms included the following: ?modernized?/?modernizing? ?modernizing device? ?a device...

Judge Joseph J. Farnan, Jr.: Jury Verdict

Posted on June 16, 2010
On June 15, 2010, a Delaware jury returned a verdict for plaintiff Dow Chemical Company and awarded Dow Chemical damages in the amount of $61.77 million. The Dow Chemical Co. v. Nova Chemicals Corp., C.A. No. 05-737-JJF, Verdict Form (D....

Sue L. Robinson: "Innocence" Theory of Inducement Rejected

Posted on June 16, 2010
In a recent summary-judgment opinion, District Judge Sue L. Robinson expounded on an interesting doctrinal nuance in the field of indirect infringement. Accused infringer Tellme Networks argued, among others, that its semi-automated telephone directory-assistance service did not, either directly or...

Judge Joseph J. Farnan, Jr.: Motions in Limine

Posted on June 14, 2010
In an order addressing various motions in limine filed by the parties, Judge Farnan granted plaintiff's motion to preclude defendant from introducing any evidence or argument related to plaintiff's pre-suit investigation and testing "as it relates to the use of...

Judge Joseph J. Farnan, Jr.: Contempt Motion or DJ Action?

Posted on June 14, 2010
In response to a contempt motion filed by nCube Corporation alleging that SeaChange violated the permanent injunction by developing a redesigned product that also infringes the patent-in-suit, SeaChange filed a declaratory judgment complaint requesting that the Court find its new...

Chief Judge Gregory M. Sleet: Markman Opinion

Posted on June 14, 2010
In an order construing the terms of a patent related to the substance mannitol, the Court defined the following terms: - "pulverulent mannitol" - "according to a Test I of between about 40% and about 80%" - "mechanical action in...

Judge Joel A. Pisano: Another Motion to Transfer GRANTED Where Only "Delaware Connection" Was Defendant's Incorporation

Posted on June 11, 2010
Earlier this week Judge Pisano, sitting by designation, granted another motion to transfer a patent infringement suit to the Northern District of California, based again on the fact that the sole connection to Delaware, for Defendants or Plaintiffs, is Defendant's...

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