Posted On: February 24, 2011

N.J. Chief Judge Bartle: MagSil’s Open-Ended Claims Invalid for Lack of Enablement

Last Wednesday, in MagSil Corp. v. Seagate Technology, C.A. No. 08-940 (D. Del. Feb. 16, 2011), Chief Judge Bartle (sitting by designation from the District of New Jersey) granted Defendants’ motion for summary judgment and issued a memorandum opinion addressing Plaintiff’s asserted claims in light of the enablement requirement of 35 U.S.C. § 112.

The asserted claims related to a junction consisting of two or more electrodes separated by a layer of insulation. The junction exhibited an electrical resistance which could be increased or decreased by exposing the junction to magnetic fields. Id. at 4. While the specification taught a method of constructing junctions with a maximum resistive change of 11.8%, the inventors claimed junctions with resistive changes of “at least 10%” – essentially claiming not only the junction taught by the specification, but all junctions “with resistive changes of 20%, 200%, 2000%, and up to infinity[.]” Id. at 8. Because the asserted claims had no upper limit on resistive change, id. at 8, Defendants proved by clear and convincing evidence that the specification was “insufficient to enable one of ordinary skill in the art to make and use the full scope” of the claims without undue experimentation, making the claims invalid. Id. at 18-19.

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Posted On: February 23, 2011

Judge Stark: High Fact Bar for Anti-Trust Counterclaims

Last week, in Magnetar Tech. Corp v. Six Flags Theme Parks, Inc., C.A. No. 07-127-LPS (D. Del. Feb. 18, 2011), Judge Stark denied a motion by some of the defendants to amend their complaint to add an antitrust counterclaim under the Section 2 of the Sherman Act. The opinion is brief and interesting. It explains the high bar for factual allegations when asserting an antitrust claim, and distinguishes such claims from the easier-to-prove inequitable conduct claims. Here, Judge Stark found that defendants had failed to meet that high bar, and denied the motion to amend.

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Posted On: February 23, 2011

Chief Judge Gregory M. Sleet: Jury Verdict

On February 11, 2011, a jury returned a defense verdict on all counts in CMH America LLC and Blue Leaf I.P., Inc. v. Kinze Manufacturing, Inc., C.A. No. 08-945-GMS. The jury found that defendant did not infringe plaintiffs' patents and that the patents were not indefinite. However, the jury also found that the patents were invalid because all claims were anticipated and certain other claims were obvious.

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Posted On: February 16, 2011

Judge Stark: Corrected Final Judgment in Fairchild Semiconductor

Judge Stark entered final judgment in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., C.A. No. 04-1371-LPS (D. Del. Feb. 3, 2011) earlier this month. Power Integrations won a $12.8 million dollar verdict for willful infringement by Fairchild Semiconductor of a number of patents and claims. The judgment issued as a "Corrected Final Judgment" after the original final judgment listed an incorrect post-judgment interest rate.

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Posted On: February 14, 2011

Judge Sue L. Robinson: Transfer DENIED

Following the recent trend in this district, Judge Robinson denied a defendant's motion to transfer litigation related to a licensing dispute, even where the current litigation is the "mirror image" of litigation pending in the Northern District California. Myriad Group A.G. v. Oracle America, Inc., C.A. No. 10-187-SLR, Memo. Order (D. Del. Feb. 4, 2011). The court found that the Jumara factors do not warrant transfer, particularly where the defendant is a Delaware corporation and "especially in this age of electronic discovery and the ever decreasing number of cases actually resolved by trial." Id. at 5.

Myriad Group A.G. v. Oracle America, Inc., C.A. No. 10-187-SLR, Memo. Order (D. Del. Feb. 4, 2011).

Posted On: February 11, 2011

Del. Chapter of FBA Presents Bankruptcy Litigation CLE Program

Save the Date: March 11, 2011

The United States District Court for the District of Delaware, the United States Bankruptcy Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association will present a "Bankruptcy Litigation Advocacy Program" on March 11, 2011. The program will be held in the Auditorium of the State Office Building and will be free to all members of the Delaware Chapter of the Federal Bar Association.

More information, including registration information, will follow.

Posted On: February 9, 2011

Judge Robreno: Claim Construction Order

In a case involving e-readers, Judge Robreno construed the following claim terms

- broadcast
- book, electronic book
- encrypting the selected electronic book
- decrypting the encrypted selected electronic book
- information that allows encryption and decryption of the electronic book and encryption and
decryption of the encryption and decryption keys
- key generator
- list of titles of available books
- associate registration system
- associate enrollment system
- compensation system
- online registration system
- referral processing system
- report generation system

Discovery Patent Holdings, LLC v., Inc., C.A. 10-600-ER (D. Del. Feb. 4, 2011)

Posted On: February 4, 2011

New Supplemental Information Sheet Required for Filing New ANDA Case

On February 1, 2011, the District of Delaware revised its CM/ECF filing guidelines to require that in all newly filed ANDA cases, plaintiff file a supplemental information sheet along with the complaint. This new form (below) provides the following information to the court: (1) date patentee received notice, (2) date of expiration of the patent, and (3) 30 month stay deadline. This form should aid the court in remaining cognizant of the statutory deadlines in ANDA litigation as well as potentially provide a way to track the number of ANDA cases filed in the district.

Supplemental Information Form for ANDA Cases

Posted On: February 3, 2011

D. Del. Panel to Recommend Candidates for Open Magistrate Position

On Monday, the District of Delaware came one step closer to filling the vacant magistrate judge position. By order, the D. Del. Judges constituted the newest iteration of the district's Merit Selection Panel, which is charged with recommending no more than five candidates for the vacancy. The Panel will submit its guidance to the Court in early May.

The members of the Panel are:

Gregory B. Williams, Esquire
Regina Alonzo
Dace J. Blaskovitz
Scott E. Chambers, Esquire
Moira K. Donoghue, Esquire
Tara D. Elliott, Esquire
Anne Shea Gaza, Esquire
Kathleen M. Jennings, Esquire
Dr. David P. Roselle
Robert S. Saunders, Esquire
William J. Wade, Esquire

D. Del. Merit Selection Panel