Posted On: July 27, 2011

Judge Sleet: Claim Construction Order

In In re Armodafinil Patent Litigation, C.A. No. 10-md-2200-GMS (D. Del. July 25, 2011), Judge Sleet recently construed the following six claim terms:

- "[a] laevorotatory enantiomer of modafinil in a polymorphic form that produces a powder X-ray diffraction spectrum comprising"
- "intensity peaks at the interplanar spacings"
- "reflections at"
- "[a] Form I polymorph of (-)- modafinil"
- "[a] pharmaceutical composition comprising"
- "[a] pharmaceutical composition consisting essentially of"

Continue reading " Judge Sleet: Claim Construction Order " »

Posted On: July 25, 2011

Judge Robinson: Motion to Dismiss Joint Infringement and Inducement Claims GRANTED

In Eon Corp. IP Holdings LLC v. FLO TV Inc., C.A. No. 10-812-SLR (D. Del. July 12, 2011), Judge Robinson recently evaluated the sufficiency of plaintiff’s patent infringement claims under Twombly and Iqbal. Judge Robinson found that plaintiff’s direct infringement claims passed muster. Id. at 5. Plaintiff’s indirect infringement claims, however, did not fare as well. Plaintiff alleged that “users of defendants’ subscription units commit the requisite acts of direct infringement required for indirect infringement liability[,]” and that “defendants knew or should have known of the [patent-in-suit] before the infringing acts occurred because some of defendants entered into licensing agreements with a third party and obtained rights to two patents that cite the [patent-in-suit] as prior art[.]” Id. at 6. Judge Robinson found that plaintiff did not allege sufficient facts to allow the court to infer that defendants had knowledge of the patent-in-suit, because “the link between the [patent-in-suit] and defendants involved in licensing agreements with a third party is too tenuous to sustain an allegation of knowledge.” Id. at 7-8. Plaintiff’s joint infringement claims failed because its complaint “did not provide specific facts explaining any alleged relationships among defendants,” or that “any defendant [] exercise[ed] ‘control or direction’ over the allegedly infringing acts of other parties.” Id. at 12.

Continue reading " Judge Robinson: Motion to Dismiss Joint Infringement and Inducement Claims GRANTED " »

Posted On: July 19, 2011

Judge Stark: Motion to Transfer Granted

In Human Genome Sciences, Inc. v. Genentech, Inc., C.A. No. 11-082-LPS (D. Del. July 18, 2011), Judge Stark granted a rare motion to transfer venue. The deciding factor cited in the opinion is the fact that the judge at the alternative venue has “almost a decade of experience” with the patent at issue, including “four actions [involving] three claim construction orders, . . . fourteen summary judgment motions, . . . nine hearings, . . . twenty-five substantive orders, and . . . over 800 docket entries. [The judge] considers herself ‘a student of [the patent],’ being very familiar with the prosecution history, including the interference and reexamination record.” Id. at 18-19. Further, the judge has stated that she “is willing to preside over the instant actions, in addition to the related actions already pending before her.”

Along the way, the Court also addressed an argument that the lack of personal jurisdiction over the plaintiff in the proposed venue prevented transfer. The Court found that argument unpersuasive, because the plaintiff “would have conceded to personal jurisdiction . . . by filing suit there.” Id. 6-7.

Continue reading " Judge Stark: Motion to Transfer Granted " »

Posted On: July 17, 2011

Chief Judge Sleet: Claim Construction Order

On July 8, Chief Judge Sleet issued an order in Shelbyzyme LLC v. Genzyme Corp., C.A. No. 09-768 (GMS) (D. Del. July 8, 2011), construing the following terms:

  • “‘glycosylated . . . a-galactosidase A”
  • “‘recombinant’ . . . a-galactosidase A”
  • “‘[a] method of treating a disease in a mammal resulting from deficiencies in a-galactosidase A”
  • ”therapeutically effective amount”
  • “therapeutic amount”
  • “‘enzymatically-active’ a-galactosidase A”
  • “unit of enzyme activity”
  • ”fragment”

Continue reading " Chief Judge Sleet: Claim Construction Order " »

Posted On: July 5, 2011

Judge Sleet: The court will not consider issues in motion for JMOL not properly preserved by a timely filed Rule 50(a) motion

In LG Electronics USA, Inc. v. Whirlpool Corp., C.A. No. 08-234-GMS (July 1, 2011), Judge Sleet recently denied LG's JMOL motion of obviousness and lack of written description because LG failed to preserve the issues by including them in a timely filed Rule 50(a) motion . Id. at 9. Judge Sleet did, however, grant LG's motion for a new trial with respect to the sufficiency of the written description of Whirlpool's '130 patent and obviousness of Whirlpool's '601 patent. Id. at 22-23, 26-27. The court noted that LG's "[f]iling a Rule 50(a) motion at the proper time would have allowed the court to more efficiently resolve the issue.". Id. at 24, n.9; 26, n.11.

Continue reading " Judge Sleet: The court will not consider issues in motion for JMOL not properly preserved by a timely filed Rule 50(a) motion " »

Posted On: July 4, 2011

Judge Robinson: Motion to Dismiss Patent Suit Denied Where Claim Construction Is Necessary to Resolve Dispute

In Internet Media Corp. v. Hearst Newspapers, LLC, C.A. No. 10-690-SLR (D. Del. June 28, 2011), Judge Robinson denied the defendant's motion to dismiss a patent infringement suit because the defendant's argument would require construction of an asserted claim. Id. at 7. The defendant argued that the complaint should be dismissed because the asserted patent "is indefinite as a matter of law[.]" Id. at 4. "Specifically, defendant argues that claim one is a means-plus-function claim relating to the use of computers, thus requiring that the specification disclose an algorithm by which the computer performs the recited function." Id. The "[d]efendant argues that the court need not construe the asserted claim and must simply look to the specification to see if an algorithm is disclosed." Id. at 6. The court, however, found that "[s]ome degree of claim construction is necessary to determine if the apparent means-plus-function claim is actually a means-plus-function claim, or if the claim itself recites enough structure to overcome the presumption of 35 U.S.C. § 112 ¶ 6." Id. at 7. Further, "the court would need to construe the claim in order to determine what algorithm to look for in the specification and what elements are necessary in said algorith to satisfy § 112 ¶ 6." Id. Thus, because claim construction "is properly reserved for summary judgment[,]" Judge Robinson denied the defendant's motion to dismiss. Id.

Continue reading " Judge Robinson: Motion to Dismiss Patent Suit Denied Where Claim Construction Is Necessary to Resolve Dispute " »

Posted On: July 1, 2011

Judge Robinson: ANDA Defendant Enjoined from Launching Generic Drug Until Court's Decision Issues

In OSI Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc., C.A. No. 09-185-SLR (D. Del. June 30, 2011), Judge Robinson recently issued an order enjoining an ANDA defendant "from launching its generic drug until the court's decision issues" because the stipulated post-trial briefing schedule would exceed "what the court estimates to be the expiration of the 30-month stay invoked by operation of the filing of this lawsuit[.]" Id.

Continue reading " Judge Robinson: ANDA Defendant Enjoined from Launching Generic Drug Until Court's Decision Issues " »