- Federal Bar Association (Delaware Chapter): Upcoming CLE
- Judge Joseph J. Farnan, Jr.: There Are Limits to Discovery
- Judge Sue L. Robinson: A Party Cannot Use Confidential Information as "both a shield and a sword"
- Sue L. Robinson: Unclear Record Precludes Anticipation, Obviousness Findings
- New District of Delaware Intellectual Property Case Filings
- Sue L. Robinson: "Small, Regional" Defendants Win Transfer to D. Ariz.
- Six New Jersey District Judges Designated to Sit in Delaware
- Sue L. Robinson: Noerr-Pennington Immunity Applies to Suits Brought on "Weak" Patents
- Motion to Transfer Denied: Inconvenience Will Not Take Precedence over Delaware Corporation's Choice of Forum
- Judge Sleet Reports on the District of Delaware "State of the Court"
- Third Circuit Chief Judge Designates E.D. Pa. Judges to Preside in Delaware
- New District of Delaware Intellectual Property Filings
- District of Delaware and Federal Bar Association Annual Luncheon
- Joseph J. Farnan: Untimely Terminal Disclaimer Still Admissible
- New District of Delaware Intellectual Property Filings
- Markman Decision from Judge Farnan
- Two Recent District of Delaware Jury Verdicts - Is Delaware a "Plaintiff-friendly" forum?
- Joseph J. Farnan: Terminal Disclaimer Cannot Stave Off Invalidity Finding
- New District of Delaware Intellectual Property Filings
- Guest post - Magistrate Judge Stark Speaks to Delaware State Bar Association Intellectual Property Section
- Gregory M. Sleet: Bifurcation and Litigation Inefficiencies
- Delaware or Texas? The First-Filed Rule Sends Case to the Lone Star State
- New District of Delaware Intellectual Property Case Filings
- Gregory M. Sleet: Jury Must Decide Composition of Design Around
- New District of Delaware Intellectual Property Filings
- Judge Sleet on Civil Contempt
- New District of Delaware Intellectual Property Case Filings
- D. Del. Judges Discuss Patent Litigation Pet Peeves
- Joseph J. Farnan: Earlier D. Del. Litigation Cannot Defeat First-Filed Rule
- Joseph J. Farnan: Subpoena Dispute Leads to Ethics Hearing
- Motion to Dismiss Foreign Corporation Denied by District of Delaware
- New District Court of Delaware Intellectual Property Case Filings
- No Disqualification for Firm that Assisted Patentholder and Accused Infringer
- "Reasonable apprehension of suit" test inconsistent with Federal Circuit Precedent
- Federal Circuit Affirms D. Del. Chief Judge
- D. Del. Magistrate Finds Prima Facie Case for Jurisdictional Discovery
- Different parties, different patents — transfer justified?
- New District Court of Delaware Intellectual Property Case Filings
- Goodbye to Chad Stover
- District Court of Delaware Grants Business Objects America its Attorneys' Fees and Expenses in Defending a Patent Suit
- Pleading Inequitable Conduct in the District of Delaware
- New District of Delaware Intellectual Property Case Filings
- New District of Delaware Filings
- Earlier Licenses Do Not Negate Exclusive Licensee's Standing
- U.S. Supreme Court Denies Cert in PharmaStem/ViaCell Dispute
- Reexam Statistics
- New District of Delaware Filings
- Licensor's Ephemeral Retention of Right to Sue Defeats Licensee's Standing
- Attorney Argument to PTO May Constitute Inequitable Conduct
- D. Del. in 2007: Twenty Percent IP Caseload
- Nationwide Internet-Marketing Campaign Confers Personal Jurisdiction in Delaware
- Delaware Judge Interprets KSR in Obviousness Decision
- Scheduling with Magistrate Stark
- Magistrate Thynge Reappointed
- CLE Entitled "Federal Practice in the District of Delaware: Openings, Closings and Case Themes" to be held March 18th
- A Quiet February…
- U.S. Attorney Colm Connolly Nominated for Vacant Judicial Position
- New District of Delaware Filings
- D. Del. One of Least Reversed Districts Nationwide
- New District of Delaware Filings 2008
- Holding Company Subject to Personal Jurisdiction Based on Subsidiary's Conduct
- Decision Clears Way for Four New Stent Cases to Go Forward
- Court Finds Patent Claim Invalid For Lack Of An Adequate Written Description
- New District of Delaware Filings
- Court Maintains DJ Jurisdiction Over Amazon's Counterclaim in Dispute over i-names and Address Book Information
- New Standing Order Regarding Vacant Judgeship Cases
- New District of Delaware Filings
- Delaware Judge Examines, Then Defers, Separate Patentability Argument
- Objective Recklessness: Failure to Obtain Advice of Counsel is Relevant to Willfulness Inquiry
- New District of Delaware Filings
- Summary Judgment Granted in Beverage Can Case
- Delaware District Judge Dismisses "Hunting License" Infringement Suit
- Long Scheduled Trial Date Precludes Delay in Expert Discovery
- Judge Robinson Sanctions Violation of Model Rule 4.2
- D. Del. Deposition Practice: Let the Witness Answer
- "Extended Release Formulation" and other terms defined in ANDA case
- District of Delaware New Case Filings
- Does MedImmune "Abrogate" Federal Circuit Cases Regarding Covenant not to Sue?
- Admitting Evidence of Commercial Success After KSR
- Magistrate Judge Thynge Rules on Summary Judgment Motions in Dispute Over Liquid Crystal Display Technology
- Another "Case or Controversy" Decision Post- "MedImmune"
- New Case Filings
- Declaratory-Judgment Plaintiff Not "True" Plaintiff Under First-Filed Rule
- Court finds PTO's findings with regard to contractual obligations not controlling
- New District of Delaware Filings
- Misrepresentations in Expert Report Lead to Exclusion of Evidence
- New Claim Construction Opinion
- New District of Delaware Filings
- New District of Delaware Filings
- "Claim Domination" and Double-Patenting
- PTO May be Enjoined, But Continuations Still Alive
- Mapping Antitrust Remedies in the District of Delaware
- The Battle Rages On…
- Magistrate Thynge Broadens Discovery Guidelines in Revised Form Scheduling Order
- Disagreement Of Experts Enough To Preclude Summary Judgment In Beverage Can Patent Dispute
- To Be Dependent, Claim Must Incorporate Process, Not Product, of Referent Claim
- No preclusion for subsequent infringement action…
- The Foreign Patent-Agent Privilege in the District of Delaware
- New District of Delaware Filings
- Delaware Jury's Award of $35 Million Stands After Special Verdict on Invalidity
- New District of Delaware Filings
- Transfer Warranted Where Second-Filed Court Would Otherwise "Substitute Judgment" of First-Filed Court
- New District of Delaware and Delaware Court of Chancery Filings
- Magistrate Judge Thynge Denies Motion for Reconsideration on Bifurcation
- Request for Injunctive Relief in Complaint, Not Briefing, Controls "Final Judgment" Inquiry
- Federal Circuit Decides On New Standards For Willfulness Waiver of A/C Privilege and WP Immunity
- New District of Delaware Filings
- Delaware Judge Issues First Post-Bell Atlantic Pleading Decision in Patent Context
- New District of Delaware Filings
- Delaware Judge Examines Enablement in Anticipation Context
- Are Juries Up to the "Monumental Task" of Deciding Patent Cases?
- First-to-File Rule Does not Require Exact Identity of the Parties
- New District of Delaware Filings
- Advice-of-Counsel Defense Not a "True" Affirmative Defense Under Rule 8(c)
- Reform Debate Extends to Claim Construction
- Chief Judge Sleet Decides The Proper Scope Of Issues Before The Court On An Interference Appeal
- New District of Delaware Filings
- New District of Delaware Cases
- New Local Rules (Civil) Effective June 30, 2007
- Gavel Passed To Judge Sleet At Annual Delaware FBA Meeting
- CAFC Affirms Summary Judgment Decision in D. Del. Business-Intelligence Software Case
- Baxter Loses Bid To Have Patent Declared Invalid for Indefiniteness
- New District of Delaware Filings
- MDL Panel Transfers 15 Patent Cases to District of Delaware
- When it comes to potential conflicts…Disclose! Disclose! Disclose!
- New District of Delaware Filings
- Patent-Related Claims Must Proceed with Arbitration of Commercial Claim
- Delaware Court Finds No Retroactive Effect for KSR Decision
- Chief Judge Robinson Renders Two Patents Unenforceable Based On Inequitable Conduct
- New District of Delaware Filings
- New District of Delaware Filings
- Claim Construction Issued in Beverage Can Case
- O is for Obvious… The Federal Circuit Affirms the D. Del. Under the New(?) KSR Obviousness Standard
- New District of Delaware Filings
- Apotex Gets (Super) Sacked By Covenant Not To Sue
- Delaware Judges Hold Forum on Federal Litigation in D. Del.
- New District of Delaware Filings
- Can Tort of Infringement Learn from Its Common Law Predecessors?
- Reminder: CLE Entitled "The Role of Local Counsel" This Friday
- Assignment Language Requires Foreign-based Inventors to Testify in DJ Action
- Delay intimates status quo is not causing irreparable harm
- New District of Delaware Filings
- Telcordia wins jury trial
- New District of Delaware Filings
- New District of Delaware Filings
- Decision From D. Del. Affirmed By Federal Circuit
- Obviousness in the District of Delaware in Light of the KSR Decision
- Preemption Test Focuses on Conduct, Not Remedy
- Link Between the Blackberry and Vonage Cases?
- Injunctions Pending Appeal - Not Without Solid Evidence of Harm
- Can a Privilege Log Discrepancy Effect a Waiver?
- Update: Patent Reform Act of 2007
- The Intersection of Subject-Matter Jurisdiction and the Hatch-Waxman Act
- New Judge Sleet Formatting Guidelines for Briefs
- Court Publishes Proposed Revised Local Rules For Comment
- District of Delaware New Filings
- "Overzealous" Use of the Term "Means" Negates Application of Section 112, Paragraph 6
- Federal Circuit: Curing Inequitable Conduct by Misrepresentation?
- New District of Delaware Filings
- Another Post-E-bay Injunction Decision
- Texas Hold 'Em: Incorporation and plaintiffs' choice of forum beats pending, related cases and witness convenience
- New District of Delaware Filings
- Triggering the "Three Day Rule" - Hand Delivery is "Gratuitous"?
- Round 1: Affymetrix Wins $16.7 Million Jury Verdict in Patent Case
- Conspiracy to Infringe - Not a Separate Cause of Action
- New District of Delaware Filings
- Clawback Motion Denied in Part, Granted in Part
- District of Delaware New Filings
- No Spin Zone - "Spinners" Case Tossed on Summary Judgment
- Make Sure to Timely Disclose Those Prior Art References!
- New District of Delaware Filings
- Damages Decision Issues in Novozymes v. Genencor Litigation
- New District of Delaware Filings
- What Constitutes "Use" Under 35 U.S.C. 271(a)?
- Expert's Failure to Consider Claimed Invention Not a Matter of "Semantics"
- New Procedure for Markman Briefing in Judge Sleet Cases
- How Much is Enough? - A Well-Pled Counterclaim
- A Vacation to Europe… Deposition Testimony of Foreign Inventor
- Reasonable Royalty Figure Excludes Real Negotiations When Conducted For Settlement Purposes
- Two Statements of Note…
- New District of Delaware Filings
- Magistrate Judge Thynge Refuses To Limit Damages at Summary Judgment Stage
- New District of Delaware Filings
- Magistrate Judge Reaffirms Duty to Mark Licensed Product
- In-House Employees and Access to Attorneys' Eyes Only Information
- First Post-eBay Injunction Decision Issues in Delaware
- Judge Robinson Denies Transfer in Dispute Involving "Spinners"
- A Proposed Effect of Medimmune v. Genentech on Licensee's Risk Analysis
- Supplemental Expert Report Allowed Three Months After Close of Expert Discovery
- Federal Circuit Refuses to Hear D. Del. Appeal
- Chief Judge Robinson Institutes Streamlined Discovery Dispute Procedure
- New District of Delaware Filings
- Judge Sleet Denies Transfer to E.D. Michigan in Automotive Seat Technology Dispute
- No Transfer Where You Enjoy Benefits of Being a Delaware Corporation!
- Phillips Fee Award Revisited…Again
- New District of Delaware Filings
- Judge Farnan Institutes Motion-Day Schedule
- New Standing Order in Light of J. Jordan's Confirmation to the Third Circuit
- License Payments "Irrelevant" to Marking Statute Provisions
- Judge Kent Jordan Confirmed To Third Circuit
- New District Court Filings
- Judge Joseph J. Farnan Grants Five-Month Stay Of Validity Trial In Hopes Of Hearing From The Supreme Court In The Interim
- "The court will protect its process"
- New District of Delaware Filings
- New District of Delaware Filings
- Another Take On "Reasonable Apprehension of Suit"
- Court Will Not "Rethink" Decision it Already Made
- Save Those Invoices! Recent Taxation of Costs Opinion…
- Federal Circuit Rejects Delaware Judge's Non-Enablement Finding
- "Minimal Overlap" Between Infringement and Antitrust Claims Warrants Stay Pending Appeal
- Kodak Survives Summary Judgment Motion on Obviousness
- Wyeth Prevails in Discovery Dispute with Impax
- New District of Delaware Filings
- Attempt to "Disqualify" Prior Art at Summary Judgment Stage Denied
- NetRatings and Coremetrics End Infringement Dispute
- Kodak Prevails on Non-Infringement Defense
- Amazon.com, Inc. and Cendant Corporation Stipulate to Dismissal
- Judge Kent Jordan Denies "Meritless" Cross-Motions for Summary Judgment
- New District of Delaware Filings
- Transfer GRANTED!
- Delaware Judge Refuses to Construe Disputed Terms of "Academic Interest"
- Philips Awarded Fees and Costs on Second Try
- New District of Delaware Filings
- Delaware Judge Rejects "Champertous" Assignment Argument
- Reference Posted To FTP Site Found To Be 102(b) "Publication"
- Transfer Denied Even Where Similar Litigation Pending in Another District
- Is 2007 the Year for Patent Reform?
- New District of Delaware Filings
- This Just In…Jury Finds Fairchild Semiconductor Int'l Inc. Willfully Infringed Power Integrations, Inc.'s Patents
- New District of Delaware Filings
- Alza and Impax Stipulate to Dismissal
- Questions of Law and Fact Do Not Mix
- "Legal Right" and Not "Practical Ability" Required to Compel Party to Produce 3rd Party Documents
- Claim Construction and Summary Judgment Decision on Anthracycline Glycoside Patent
- European Patent Dispute Between Telecom Giants Heads Back to Delaware Chancery Court
- Sanofi-Aventis Prevails in Trademark Dispute
- New District of Delaware Filings
- Reasonable Apprehension of Suit Remains Even After Ameliorative Correspondence Sent
- Senate Confirmation of Judge Kent A. Jordan Still Pending
- Consider Your Bifurcation Options…
- "Pilot" Patent Court Legislation Passes House
- Trademark and Copyright Bills Readied for Presidential Approval
- Infringement Judgment Issues in Fuel-Ethanol Patent Dispute
- No "Reasonable Apprehension of Suit" Where Patents Issued, Statements Made By Defendant and Previous Litigation
- Delaware District Court Judge Approved by Senate Committee
- Advice-of-Counsel Defense Waives Communications with "All" Counsel
- Court Finds No Inequitable Conduct
- Our Inaugural Post
