- Sunovion Pharmaceuticals, Inc. v. Dey Pharma., L.P., et al., C.A. No. 06-113-LPS
- Managing IP's US Patent Reform Forum, Washington, D.C. March 27, 2012
- Judge Stark Denies Defendants’ Motions to Transfer to N.D. Cal. After Carefully Considering the Fed. Cir.’s Ruling in In Re Link_A_Media
- Chief Judge Sleet construes terms in "camera-on-a-chip" patents
- Judge Stark: Claim Construction Regarding Rollercoaster Brakes
- Judge Stark construes claim terms relating to personalization of internet experience
- Judge Robinson: Partial Summary Judgment Grants
- Judge Robinson claim construction order construing terms of a patent covering DNA sequencing technology
- Judge Andrews: Allegations directed at “prospective products” survive 12(b)(6) motion.
- Judge Stark Issues Claim Construction Order, Adopts Plaintiff’s Alternative Construction for the Term: “A Signal Processor”
- Judge Andrews Denies Motion to Transfer Venue
- Judge Stark evaluates adequacy of a prior art patent's incorporation by reference additional material described in another patent
- Judge Andrews Distinguishes Fed. Cir.’s Decision in Link_A_Media, Grants Defendants’ Motions to Transfer on Other Grounds
- Judge Robinson Awards Fees to ANDA Defendant.
- Judge Robinson Denies Motion for New Trial Based on Alleged Error in Not Construing Term
- Twombly/Iqbal Not Applicable to Affirmative Defenses, Some Counterclaims
- Recent post-trial opinion evaluates the sufficiency of evidence of level of skill in the art
- Motion to Transfer Venue Granted where Necessitated by Interests of Judicial Efficiency
- Special Master Rejects Imposition of Prosecution Bar on Outside Litigation Counsel
- Bifurcation of damages and willfulness does not support plaintiff's request to bifurfacte defendant's counterclaims
- Magistrate Judge Burke: Motion to Consolidate Granted
- Judge Robinson Denies Motion for Reconsideration of Prior Decision Granting Motion for Summary Judgment of “No Invalidity”
- Court Denies Motion to Sever, Finds Sufficient Commonalities for Joinder
- Federal Circuit Acknowledges Dismissed Delaware Action, Does Not Vacate its Order
- Noninfringement Judgment Appropriate where Plaintiff’s Expert provides “conclusory opinions with respect to the function-way-result test”
- Judge Burke Denies Plaintiff’s Motion for Substitution, But Rules That the Proposed New Plaintiffs Be Joined as Parties in the Action
- Judge Robinson Denies Motion to Stay Pending Reexam, But Notes Likelihood of a Different Result Under Similar Facts In the Future
- Judge Andrews Considers Failure to Prosecute Claim, Orders Monetary Sanction Rather Than Immediate Dismissal
- Court Issues Claim Construction Order Relating to Vehicle Navigation Systems
- Judge Kugler Grants Preliminary Injunction but Refuses to Order Recall in ANDA Case
- Chief Judge Sleet Issues Order Construing Claims of Wireless Networking Technology Patent
- District Court Adopts New Default Standards for E-Discovery and Access to Source Code
- Special Master orders a complete response to contention interrogatory where party responds to only portions of the interrogatory
- Order construing claim terms of patent for a shower curtain fastening device
- Recent Mandamus Rulings from the Federal Circuit in Delaware Cases
- Eleventh-Hour Motion to Amend to Add Affirmative Defense Held Timely
- Motion for Jurisdictional Discovery Granted: Foreign Parent and the Stream-of-Commerce Theory
- Rule 8 and "Fair Notice" under Twombly/Iqbal: Motion to Dismiss Breach of Contract and Trade Secret Misappropriation Claims GRANTED-IN-PART
- New Orders in Apeldyn: Judge Robinson Grants Summary Judgment, Denies Daubert Motion, and Announces Claim Construction
- New Standing Order Regarding Utilization of Magistrate Judges
- Plaintiff waited too long; no injunction of ITC proceeding.
- Special Master Poppiti: Costs and Expenses Shifted to Defendant Where Defendants' Discovery Practices Wasted Time and Resources
- Judge Robinson: Defense Expert’s Damages Opinions “wholly speculative and, consequently, not helpful to the trier of fact”
- Judge Sleet: Motion for Judgment on the Pleadings declaring patent in suit unenforceable GRANTED
- Richard Andrews Confirmed As Newest U.S. District Judge for D. Del.
- Judge Robinson: Orders Leading Up To Asahi Trial
- Judge Robinson: Should leave to amend between the liability and damages phases of a bifurcated trial be subject to Rule 15(a) or 15(b)?
- Judge Leonard P. Stark: Motion to Amend GRANTED/Motion to Strike Inequitable Conduct Claims GRANTED
- Judge Sue L. Robinson: Jury Verdict - Patent INVALID
- Judge Stark: Motion to Dismiss or for a More Definite Statement Denied
- Judge Sleet: Motion to dismiss based on claim preclusion GRANTED
- Magistrate Judge Burke: Motion for Leave to Take Expedited Discovery Granted-in-Part
- Chief Judge Sleet Grants Motion to Amend, Doubling Patents In Case
- Judge Robinson: Marginal Relevance of Evidence Outweighed by Risks of Unfair Prejudice, Confusing and Misleading the Jury, and Wasting the Parties' Time
- Judge Robinson: Granting-in-part and denying-in-part cross motions for summary judgment Judge Robinson considered whether a district court could correct typographical errors in patent claims
- Judge Davis: Claim construction opinion
- Upcoming FBA CLE - TRIAL AND APPELLATE MEDIATION
- Judge Stark: "Highly Improbable" Claim Construction Not "Impossible"
- Judge Baylson: Motion to Dismiss GRANTED
- Special Master Poppiti Recommends Reduction of Sanctions Award
- Magistrate Judge Thynge: Personal Jurisdiction over Pro Hac Vice Counsel
- Judge Leonard P. Stark: Markman Opinion
- Judge Robinson: Plaintiffs' Motion for JMOL on Invalidity and Motion for a New Trial Denied
- Judge Robinson: Motion for Summary Judgment of Invalidity Under §102(g) DENIED and Motion for Summary Judgment of No Willful Infringement GRANTED
- ABA Blawg 100 Nominations
- Judge Sleet Claim Construction Order
- Chief Judge Sleet: Post-Trial Motions Denied
- Chief Judge Sleet: No Subject Matter Jurisdiction for Declaratory Judgment
- Judge Robinson: Do Not Violate the Cardinal Rule That Evidence Not Vetted During Discovery Cannot Be Used at Trial
- Judge Robinson: Order for Sanctions Modified Where Counsel Focused Deposition Efforts on Creating Record for Motion for Sanctions Instead of Obtaining Substantive Information
- Judge Sue L. Robinson: Motion to Amend to Add Inequitable Conduct DENIED
- Judge Leonard P. Stark: Motion to Dismiss Counterclaims Based on Covenant Not to Sue in ANDA Case DENIED
- Judge Stark: Claim Construction; Request to Compel Withheld Documents DENIED
- Magistrate Judge Burke Appointed on August 4, 2011
- Chief Judge Sleet: Patent Not Invalid for Obviousness-Type Double Patenting
- Judge Kent A. Jordan: Summary Judgment of Invalidity Granted; Claim Construction of "Purchase Transaction"
- Judge Sue L. Robinson: Motion to Transfer (DENIED)
- Judge Stark: Case Stayed Pending Resolution of Motion to Transfer Venue
- Judge Stark: Motion to Transfer Venue DENIED
- Judge Robinson: Motion to dismiss defendant’s counterclaims in due to covenant not to sue GRANTED
- Judge Robinson: Post-Trial Motion for Reargument Denied Where Defendant Sought to Rely on Summary Judgment Record
- Judge Sleet: Claim Construction Order
- Judge Robinson: Motion to Dismiss Joint Infringement and Inducement Claims GRANTED
- Judge Stark: Motion to Transfer Granted
- Chief Judge Sleet: Claim Construction Order
- Judge Sleet: The court will not consider issues in motion for JMOL not properly preserved by a timely filed Rule 50(a) motion
- Judge Robinson: Motion to Dismiss Patent Suit Denied Where Claim Construction Is Necessary to Resolve Dispute
- Judge Robinson: ANDA Defendant Enjoined from Launching Generic Drug Until Court's Decision Issues
- Judge Sleet warns parties that a condescending tone in court submissions is inappropriate and unhelpful to the court
- Special Master White: Discovery Opinion in XPRT Ventures
- Judge Robinson: Motion to Transfer Denied
- Judge Robinson: Motion to Consolidate Cases and Lift Stay DENIED
- Judge Robinson: Motion to Transfer to N.D. Cal. DENIED
- Judge Stark: Withdrawal of Motion for Recusal Accepted
- Judge Robinson: Motion to Transfer ANDA Case Granted Where Identical Case Filed in SDNY
- Judge Robinson: Motion to Transfer DENIED
- Chief Judge Sleet: Jury's Finding of Infringement Under the Doctrine of Equivalents Reversed
- Judge Sue L. Robinson: Motion for Reconsideration DENIED
- Judge Robinson: Accenture Patents Invalid After Bilski
- Judge Stark: Motion to Preclude Prior Art References Denied
- FBA Delaware Chapter: Annual Luncheon with the U.S. District Court for the District of Delaware
- Special Master Poppiti: Without Bad Faith, Sanction for Untimely Disclosure of Prior Art Limited to Monetary Sanctions
- Christopher J. Burke, Esq. Selected as Newest District of Delaware Magistrate Judge
- Judge Robinson: Memorandum Order Clarifying Previous Claim Construction
- Judge Robinson: Motion for Reconsideration of Order Granting TRO DENIED
- Judge Robinson: Motion for TRO Pending Appeal in ANDA Case GRANTED
- Special Master Poppiti: Motion for Protective Order DENIED
- Judge Sue L. Robinson: Presumption of Validity Instruction
- Judge Robinson: Obvious Determination in In Re Cyclobenzaprine
- Judge Robinson: Jury verdict in favor of Boston Scientific
- Judge Robinson: Result of Earlier Patent Infringement Case Relevant to Lost Profits and Reasonable Royalty Analysis
- Judge Dalzell: All proceedings before Judge Dalzell STAYED pending confirmation of Richard G. Andrews as U.S. District Judge
- Judge Sue L. Robinson: Motion to Stay an ANDA case pending appeal of litigation involving the same patents GRANTED
- Judge Robinson: Cross-Motions for Summary Judgment DENIED
- Judge Robinson: Admitting Clinical Trial Data and Allowing Fact Witness
- Chief Judge Sleet: Terms Construed in Fifth Market
- Chief Judge Sleet: Default Granted in Patent Case
- Judge Stark: Motion to Stay Pending Reexamination GRANTED
- Judge Stark: Motion to dismiss patent infringement complaint for failure to state a claim against holding company DENIED
- Judge Robinson: Defendant’s Motion to Stay Pending Reexamination DENIED; Plaintiffs’ Motion for Summary Judgment of Infringement GRANTED; Sua Sponte Grant of Partial Summary Judgment
- Special Master Bechtle: Motion to supplement infringement contentions GRANTED
- Judge Thynge: Plaintiffs’ Motion for Leave to Amend Complaint GRANTED
- Special Master David A. White: Illumina Must Designate 30(b)(6) Witnesses
- Judge Sue L. Robinson: Sua Sponte Enjoins Generics
- Farewell to Our Co-Author Andrew Lundgren
- D. Del. Special Master: Party Objecting to Deposition Notice Must Seek Affirmative Relief
- Judge Leonard P. Stark: Claim Construction Order
- Judge Sleet: Claim Construction Order
- Judge Sue L. Robinson: Motion to Transfer GRANTED
- Chief Judge Sleet: Plaintiff's Motion to Dismiss Defendant's Counterclaims and Affirmative Defenses GRANTED IN PART and DENIED IN PART; Motion to Strike Inequitable Conduct Defense DENIED
- Sue L. Robinson: The Overlapping Worlds of Science and Litigation
- Judge Robinson: Medtronic v. Boston Bench Decision
- Judge Stark: Claim Construction Opinion
- Judge Leonard P. Stark: Claim Construction
- Judge Robinson: Defendant’s motion for summary judgment of noninfringment GRANTED and motion for summary judgment of invalidity GRANTED-IN-PART
- Judge Robinson: Defendants' Motions to Dismiss GRANTED (Limiting Plaintiff's Damages)
- Sue L. Robinson: Summary Judgment Practice on Equitable Issues
- Judge Robinson: Keurig's Motion for Preliminary Injunction DENIED
- Special Master Redfearn: Application for Amendment to Stipulated Protective Order DENIED
- Three Young Conaway Attorneys Selected to Participate in D. Del. Trial Practice Seminar
- Berle M. Schiller: Explaining The "Home Turf" Concept of Venue
- Leonard P. Stark: Rejection of Mark Does Not Preclude Reliance Argument
- Visiting Judge Paul Diamond: Motion to Transfer to Southern District of Iowa, defendant’s principal place of business, DENIED
- Judge Robinson: Teva’s Late Motion for Leave to Amend Pleading DENIED
- Judge Leonard P. Stark: Motion to Defer Ruling on Fees - GRANTED
- Judge Stark: Claim Construction Opinion Issued
- N.J. Chief Judge Bartle: MagSil’s Open-Ended Claims Invalid for Lack of Enablement
- Judge Stark: High Fact Bar for Anti-Trust Counterclaims
- Chief Judge Gregory M. Sleet: Jury Verdict
- Judge Stark: Corrected Final Judgment in Fairchild Semiconductor
- Judge Sue L. Robinson: Transfer DENIED
- Del. Chapter of FBA Presents Bankruptcy Litigation CLE Program
- Judge Robreno: Claim Construction Order
- New Supplemental Information Sheet Required for Filing New ANDA Case
- D. Del. Panel to Recommend Candidates for Open Magistrate Position
- N.J. Chief Judge Bartle: Amgen Patents Not Invalid after Bench Trial
- Judge Stark: Motion to Enhance Damages GRANTED and Motion for Attorneys' Fees DENIED
- Sue L. Robinson: Construing Claims at Trial
- Judge Sue L. Robinson: Jury Verdict
- Sue L. Robinson: "Extraordinary Circumstances" Warrant Rule 60(b) Relief from Judgment
- Chief Judge Gregory M. Sleet: Motion to Transfer Denied
- District of Delaware Federal Trial Practice Seminar - Applications Now Being Accepted for Spring 2011 Program
- Judge Stark: Collateral Estoppel Applied to Claim Construction in Biovail
- Chief Judge Sleet: Stay Granted in Infineon
- Special Master decision regarding party access to confidential information and prosectuion bar
- Grape Jury Verdict
- Sue L. Robinson: Expert's Deposition Testimony Favored Over Competing Website Article
- Judge Sue L. Robinson: Motion to Transfer False Marking Case GRANTED
- Judge Stark: Third party motion for access to confidential documents DENIED
- Leonard P. Stark: Stay Pending Reexamination Granted
- Magistrate Judge Joel Schneider: Production of Translated Documents
- Jury Verdict in ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-LPS
- Robert F. Kelly: Construing the Claims of DNA-Sequencing Patents
- Judge Leonard P. Stark: Motion to Stay Pending Reexam DENIED
- Judge Robinson: Rule 56(d) Motion Denied in Acceleron
- Sue L. Robinson: Claim Construction of Steel-Making Patent
- Judge Sleet: Pharmaceutical Patent Terms Construed
- Judge Sue L. Robinson: Careful When Responding to Contention Interrogatories
- Gregory M. Sleet: Inhalation-Anesthetic Patent Claims Construed
- Judge Robinson: Transfer Granted Because of Forum Selection Clause
- Sue L. Robinson: Applicant Tracking System Patents Construed
- Robert F. Kelly: Court Congestion Not a Factor in Transfer Motion
- Judge Stark: Opinion resolving several pre-trial motions
- Judge Robinson: Motion to Stay Pending Re-Examination Granted in Vehicle
- Magistrate Judge Thynge: Decision regarding a party's obligation to produce witnesses of its foreign affiliate for depositions
- Judge Robinson: Rule 12(b)(6) Motion Denied
- Sue L. Robinson: No Exception to Policy that Prohibits Testifying Patent-Law Experts
- Judge Robinson: Jury Verdict of Invalidity Reversed
- Judge Thynge Denies Defendant's Motion to Trifurcate Infringement, Damages, and Anti-Trust Issues
- Special Master Bechtle: Deposition of In House Counsel
- Judge Sleet decides issue of first impression: Do the prior art rules of the Patent Act apply to defendants’ obviousness-type double patenting defense?
- Sue L. Robinson: Overlooking "Basic Principle of Science" Warrants Rule 59 Relief
- Chief Judge Gregory M. Sleet: Markman Opinion
- Judge Thynge: Motion of issuance of letters rogatory for discovery into prosecution of an unrelated patent DENIED
- Judge Thynge: Motion to Transfer Denied
- Chief Judge Sleet: Post-Trial Briefs Must Only Contain Evidence Presented at Trial
- Judge Robinson: Motion to Dismiss in Belden Case Results In Sua Sponte Transfer of Venue
- Judge Sue L. Robinson: Motion to Dismiss Denied Where Documents Outside the Pleadings and Not Subject to Judicial Notice
- Judge Sleet: Motion to Dismiss Counterclaims in ANDA case Denied in Part and Granted in Part
- Judge Stark: Motion to strike expert's rebuttal report DENIED
- Judge Bartle: Motion to Exclude Patent Law Expert GRANTED in Part
- Judge Sleet: Plaintiff may rely on circumstantial evidence to prove literal infringment
- Judge Robinson: Lengthy Summary Judgment Opinion in Intermec Case
- Sue L. Robinson: Data-Capture Patents Construed
- Sue L. Robinson: Judge Robinson again denies stay pending reexamination
- Judge Robinson: Stay Pending Reexam Denied in Belden case
- Mary Pat Thynge: Preserving Trial Counsel's Role in Reexamination
- Judge Robinson: Plaintiff must plead failure to mark with facts to show defendant did not have reasonable belief that items were properly marked
- Judge Sue L. Robinson: Change in Courtroom/Chambers
- Judge Leonard P. Stark: Scheduling Order (Patent Cases)
- Sue L. Robinson: Data-Cable Patent Claims Construed
- Judge Stark: Double Inadvertent Production Not Necessarily Waiver of Privilege
- Judge Robinson: Default Judgment Denied for Girafa
- Judge Leonard P. Stark: Case Reassignments
- Judge Leonard P. Stark: Sworn In
- Judge Sue L. Robinson: Permanent Injunction Denied in ANDA Suit
- Jury Verdict: Facebook Prevails on Invalidity Claim
- Sue L. Robinson: Rexamination Record Inadmissible as Trial Evidence
- Joseph J. Farnan: Fixing a Scrivener's Error in IP Transfers
- Judge Robreno: Motion for Summary Judgment GRANTED after claim construction order found claim invalid under means plus function analysis
- Judge Thynge: Finding in favor of plaintiff after bench trial on issues of inequitable conduct and patent misuse
- Judge Thynge: Injunction Denied in Cordance
- Leonard P. Stark's Nomination Confirmed by US Senate
- D. Del.'s Newest Special Masters
- Judge Farnan: Typographical error does not deprive plaintiff of standing to sue
- Joseph J. Farnan: Reverse Engineering Leads to Willfulness Judgment
- Judge Farnan: Motion for preliminary injunction DENIED
- Judge Farnan: Motion to amend complaint late in case GRANTED
- Judge Sue L. Robinson: Markman Opinion
- Judge Joseph J. Farnan, Jr.: Pleading a Copyright Infringement Action
- Special Master Bechtle: Contention Interrogatories - How much and when?
- Judge Bartle: Motion to Transfer GRANTED
- Joseph J. Farnan: Source Code for Future Products Must be Produced
- Judge Farnan: Default Judgment Granted in Patent Infringement Case
- Judge Farnan: Motion to Dismiss Granted Because Due To Plaintiff's Lack of Standing
- Joseph J. Farnan: Amended Complaint Allowed to Stave Off Negative Case Law
- Jerome B. Simandle: Claim Construction Inappropriate on Motion to Dismiss
- Judge Stark: Motion for Preliminary Injunction GRANTED
- Judge Farnan: Damages opinion
- Special Master Seitz: Decision on objections to instructions that 30(b)(6) witness not answer questions
- Magistrate Judge Thynge: Summary Judgment GRANTED in Patent Infringement Action
- Magistrate Judge Stark: Mylan Pharm. Motion to Amend Granted
- Judge Robinson: Obviousness Found in Zymar case
- Judge Joseph J. Farnan, Jr.: No Standing Where No Control Over Exclusionary Rights
- Joseph J. Farnan: Applicants' "Misjudgment" Precludes Finding of Intent to Deceive
- Judge Baylson: Claim construction order
- Joseph J. Farnan: Multiplicity of Prior Art Leads to Stay of Proceedings
- Leonard P. Stark: Document Production Prior to Amendment Deadline Precludes New Counterclaim
- Federal Bar Association Honors Judge Joseph J. Farnan, Jr.
- Leonard P. Stark: Claim Construction in Cholesterol-Reduction Patent Dispute
- Gregory M. Sleet: "Hard-Fought" Litigation Cannot Justify Fee Award
- Mary Pat Thynge: Email Received at Eleventh Hour Need Not be Disclosed in Reply Brief Filed the Same Day
- Judge Robreno Claim Construction Opinion
- Sue L. Robinson: "Innocence" Theory of Inducement Rejected
- Judge Joseph J. Farnan, Jr.: Jury Verdict
- Judge Joseph J. Farnan, Jr.: Contempt Motion or DJ Action?
- Chief Judge Gregory M. Sleet: Markman Opinion
- Judge Joseph J. Farnan, Jr.: Motions in Limine
- Judge Joel A. Pisano: Another Motion to Transfer GRANTED Where Only "Delaware Connection" Was Defendant's Incorporation
- Judge Robinson: Motion to exclude evidence DENIED where prejudice could be cured with limited additional discovery
- Judge Farnan: Attorney's Fees Denied in Microsoft v. WebXchange
- Chief Judge Gregory M. Sleet: Markman Opinion
- Judge Stark: Failure to disclose intent to file rebuttal expert report results in finding of undue prejudice
- Judge Farnan: Motion to Strike Declaration of Expert Not Disclosed During Discovery DENIED
- Judge Robinson: Motion to Dismiss DENIED in case alleging that a prior patent litigation was sham litigation
- Judge Leonard P. Stark: Claim Construction (Report & Recommendation)
- Judge Farnan: Two-Phase Opinion Issued in LGD v. AUO
- Judge Sleet: Claim Construction Order
- Judge Robinson: Motion to dismiss defendants' stayed counterclaims GRANTED and final judgment entered for purposes of appeal
- Special Master: Vincent J. Poppiti: Discovery Dispute over Production of Worldwide Sales Information
- Magistrate Judge Leonard P. Stark: R&R on Claim Construction
- Amended Local Rules Effective 4/30/2010
- Magistrate Judge Mary Pat Thynge: Motion to Amend or Motion to Supplement?
- Jury Verdict in Robert Bosch, LLC v. Pylon Manufacturing Corp.
- Magistrate Judge Leonard P. Stark: Confirmation Hearing Held
- Chief Judge Gregory M. Sleet: Post-Trial Op Reminds Counsel of Duty of Candor
- Magistrate Judge Mary Pat Thynge: Inequitable Conduct: Pleading and Discovery
- Judge Robinson: Lanham Act Opinion Involving Neutrogena and Coppertone Sunscreens
- Judge Joyner: Denial of Motion to Stay highlights considerations when submitting ANDA applications
- Magistrate Judge Leonard P. Stark: Court Denies Stay Despite Decline in Defendant's Financial Outlook
- Judge Joseph J. Farnan, Jr.: Motions in Limine
- Judge Sue L. Robinson: Markman Opinion
- Judge Robinson: Defendants’ Motion to Transfer GRANTED
- Judge Bartle: Attorney-client privilege WAIVED when advice of counsel is used as defense to a claim of inequitable conduct
- Judge Robinson: No Misrepresentation to Call Puerto Rican Rum "Havana Club" Rum
- Judge Robinson: Motion for Reconsideration Denied
- Magistrate Judge Stark: Opinions on Motion to Compel U.S. Depositions of Foreign Inventors
- Judge Stark: Inequitable Conduct Amendment Allowed
- Judge Sue L. Robinson: Daubert and Renewed Motion for Summary Judgment in Dispute Over ProV1 Golf Balls
- Magistrate Judge Mary Pat Thynge: Pending Equitable Defenses Preclude Final-Judgment Certification
- Magistrate Judge Stark Addresses the Meaning of "Actual Notice" for § 154
- Judge Thynge: Failure to meet and confer adequately under Local Rule 7.1.1. may result in denial of motion to compel
- Judge Sue L. Robinson: Disqualification Order Not Final for Purposes of Immediate Appeal
- Chief Judge Gregory M. Sleet: Jury Verdict
- Judge Thynge: Motion for Reconsideration Denied
- Judge Robinson: Motion to dismiss for lack of personal jurisdiction DENIED after the court attributed one defendant's contacts to the defendant in question
- Magistrate Judge Leonard P. Stark Nominated to Fill D. Del. Vacancy
- Magistrate Judge Thynge: Bifurcation of Anti-Trust Issues Granted
- Judge Farnan: Claim construction in Leader v. Facebook
- Judge Robinson: All Accenture v. Guidewire Motions Denied
- E.D. Pa. Chief Judge Harvey Bartle: Claim Construction Op.
- Judge Sue L. Robinson: Construing Insurance-System Patents
- D. Del. Special Master: Protective-Order Compromise Settles Threat of Later Disclosure During Reexam and Other Proceedings
- Delaware IP Law Blog Author Selected to Participate in D. Del. Trial Seminar
- Chief Judge Sleet: Motion in Limine Exposes Pleading Deficiency
- Judge Farnan: Federal Circuit Rule 11 does not confer exclusive jurisdiction over the record on appeal
- Judge Farnan: Failure to amend expert report to include opinion testified to at trial results in opinion being stricken from the record
- Judge Sue L. Robinson: Case Stayed Pending Supreme Court Decision in Bilski
- Mary Pat Thynge: "Expected" Change in Federal Circuit Precedent Cannot Control JMOL Inquiry
- Judge Robinson: No Interference in Genetics Institute
- Judge Sue L. Robinson: Complaint Must Set Forth Allegedly Infringing Product or Method
- Judge Joseph J. Farnan, Jr.: What is "Unpatented" for Purposes of a False Marking Claim?
- Judge Robinson: Claim construction
- Magistrate Judge Stark: Permissible discovery against defendant may be objectionable as to third party
- Judge Joseph J. Farnan, Jr.: Privilege Issues
- New District of Delaware Intellectual Property Case Filings
- Federal Circuit: Questionable Personal Jurisdiction Warrants Transfer
- NJ District Court Reverses Opinion that Contradicted DE Opinion
- Magistrate Judge Thynge: Opinion on Inline JMOL motion
- Eduardo C. Robreno: Always Read the Footnotes
- Judge Farnan: Motion to Transfer Denied in ANDA Case
- New opinion from Delaware Court of Chancery on Trade Secret Misappropriation
- Judge Joseph J. Farnan, Jr.: Expert Testimony Allowed Under Liberal Third Circuit Standard
- Judge Joseph J. Farnan, Jr.: Addressing Motions to Amend
- Judge Robinson: Interpretation of In Re Seagate
- Sue L. Robinson: ANDA Filer Succeeds in Prosecution Laches Defense
- Chief Judge Sleet: Claim Construction Order
- Federal Circuit upholds Judge Robinson’s decision that Teva's ANDA product does not infringe Takeda's patent
- Joseph J. Farnan: No Fees for Successful Discovery Motion
- Breaking News: District Judge Joseph J. Farnan to Retire
- Joseph J. Farnan: Demonstrating "Good Cause" to File an Untimely Amended Pleading
- Judge Robinson: Plaintiffs’ motion for summary judgment of invalidity of all patents at issue GRANTED.
- Judge Robinson: claim construction order construing terms of four patents relating to coronary stents
- Joseph J. Farnan: Paperless Event Ticketing Claims Construed
- Magistrate Judge Thynge: On remand from Federal Circuit motion for summary judgment based on laches GRANTED
- Magistrate Judge Mary Pat Thynge: Markman Order
- Chief Judge Gregory M. Sleet: Motion to Sever and Stay Denied
- Joseph J. Farnan: Overlapping Evidence Stalls Bid to Bifurcate Inequitable-Conduct Defense
- Magistrate Judge Leonard P. Stark: Discovery Issues in Judge Robinson Bifurcated Case
- New District of Delaware Intellectual Property Case Filings
- Judge Sue L. Robinson: No Waiver of Attorney-Client Privilege
- Judge Joel A. Pisano: Motion to Transfer GRANTED Where Only "Delaware Connection" was Defendant's Incorporation
- Magistrate Judge Thynge: Recommended Defendants’ motions to dismiss for lack of personal jurisdiction and for failure to state a claim be GRANTED.
- Sue L. Robinson: "Self-Serving" Declaration Cannot Support Finding of Irreparable Harm
- Judge Stark: Report and Recommendation applying Exergen to plaintiff's counterclaims alleging inequitable conduct
- Judge Stark: Two opposing personal jurisdiction decisions involving corporate parents and their subsidiaries
- Sue L. Robinson: How Waiver Can Affect a Motion for Reconsideration
- Judge Stark: Report and Recommendation Regarding Claim Construction
- New Rules for Computing Time and Proposed Revised Local Rules for Comment
- New District of Delaware Intellectual Property Case Filings
- Mary Pat Thynge: Obviousness and the Limits of Document Discovery
- Joseph J. Farnan: Pre-Patent Commercial Negotiation Leads to On-Sale Bar
- Fed. Cir. Reversal of Judge Robinson Opinion "undoubtedly marks a shift from past declaratory judgment cases."
- Judge Farnan: Markman Opinion on a Medical Patent
- Attorney disqualification in D.N.J vs. D. Del.: Same facts, same rules, different interpretation of the appropriate remedy
- Chief Judge Sleet: Complaints Patterned After Form 18 Still Acceptible Post-Iqbal
- Delaware Court of Chancery: Defining the Role of "Delaware Counsel"
- Magistrate Judge Joel Schneider: Transfer Warranted Despite Defendants' Incorporation in Delaware
- New District of Delaware Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: Motion to Transfer DENIED Despite Similar Cases Pending in Illinois
- 5 Years Later, Issues Still Linger in the St. Clair v. Fuji Digital Camera Patent Case
- Chief Judge Gregory M. Sleet: Preliminary Injunction Denied
- Chief Judge Gregory M. Sleet: Claims Fail to Meet Twombly Standard
- Judge Sue L. Robinson: Inequitable Conduct Claim "Passes Muster" Under Exergen
- Chief Judge Gregory M. Sleet: Rule 52(c) Motion Granted for Prior Art References Not Raised at Trial
- Sue L. Robinson: The Double-Edged Sword of Prosecution
- Judge Sleet: Post-verdict JMOL must be denied where the party does not file the JMOL pre-verdict
- Magistrate Judge Stark Follows Judge Farnan's Prior Claim Construction in St. Clair Digital Camera Cases
- D. Del. Special Master: No Prejudice, and Therefore No Sanction, for Untimely Produced Expert Discovery
- Judge Sleet: No Corporate Veil Piercing Without Allegations of Injustice
- Judge Joseph J. Farnan: Bifurcation denied
- Magistrate Judge Leonard P. Stark: Appropriate Scope of Damages Discovery on Commercial Success Where Damages Case is Bifurcated
- Judge Sue L. Robinson: Motion to Transfer GRANTED
- Mary Pat Thynge: Prepare Your 30(b)(6) Witness or Face Sanctions
- Judge Farnan: Motion to dismiss declaratory judgment complaint for lack of subject matter jurisdiction GRANTED
- Judge Farnan: Another Motion to Transfer Denied
- Judge Robreno: Memorandum Opinion on Discovery Issues
- Judge Sue L. Robinson: Witness Excused
- Gregory M. Sleet: Roadmap for Jurisdictional Discovery on Delaware Entities
- Gregory M. Sleet: Markman and the Plain Meaning Doctrine
- Judge Robinson Claim Construction/Validity Opinion
- Sanctions Ordered in Honeywell v. Nikon
- Joseph J. Farnan: Transfer Denied After Movant Filed Its Own Suit in Delaware
- Judge Robinson: Motion to amend complaint to add inequitable conduct claim DENIED under new Exergen standard
- Chief Judge Gregory M. Sleet: Limits Disputed Claim Terms Per Patent to 10 in All Future Patent Actions
- Judge Hillman: Registration Requirements for Image Published on Foreign Website
- Special Master Poppiti Denies Plaintiffs’ Motion to Dismiss Defendant InnoLux Without Prejudice
- New District of Delaware Intellectual Property Case Filings
- Chief Judge Gregory M. Sleet: Markman Order
- Judge Joseph J. Farnan: Supplemental Claim Construction Order
- Judge Sue L. Robinson: Belated Discovery Justifies New Defense
- Chief Judge Sleet: Brief Markman Order
- Magistrate Judge Stark: Report and Recommendation Regarding Claim Construction
- Judge Sue L. Robinson: Bifurcation of patent infringement action from defendants’ antitrust counterclaims and patent misuse affirmative defense
- Chief Judge Gregory M. Sleet: Aggressive Markman Tactics Backfire
- Chief Judge Sleet: Final Honeywell Opinion Deals with Costs
- Magistrate Judge Leonard P. Stark: Reining In The Complexities of Multi-Venue Litigation
- Judge Sue L. Robinson: Reconsidered Claim Construction Affects Prospect for Summary Judgment
- Chief Judge Gregory M. Sleet: Alleged Equitable Interest Insufficient for Purposes of Standing
- E.D. Pa. Chief Judge Harvey Bartle: Motion to Proceed on Representative Claims Granted
- Judge Farnan: Markman Opinion
- Chief Judge Gregory M. Sleet: Motion to Lift Stay Pending Reexam DENIED
- Judge Sue L. Robinson: Markman Opinion
- Judge Sue L. Robinson: Defendants’ Motions for JMOL GRANTED.
- Judge Sue L. Robinson: Disqualification of an attorney is never automatic.
- Judge Farnan: Claim Construction
- New District of Delaware Intellectual Property Case Filings
- Judge Sue L. Robinson: Bifurcation of Damages and Willfulness for Discovery and Trial
- Judge Mary Pat Thynge: Jury Verdict
- Judge Farnan: A defendant MUST avail themselves of every opportunity to plead inequitable conduct with particularity
- Judge Robinson: Prior decision of inequitable conduct on remand from Federal Circuit REVERSED
- Judge Robinson: Despite scheduled mediation, litigation shall move forward
- Eduardo C. Robreno: Motion to compel answers to claim construction interrogatory GRANTED
- New District of Delaware Intellectual Property Case Filings
- Sue L. Robinson: Claim Preclusion and the Successive Infringement Suit
- Judge Joseph J. Farnan, Jr.: No Per Se Rule that a Reexamination Order Precludes the Possibility of Proving Willful Infringement
- Leonard P. Stark: Post-Trial Accounting Issues Cannot Be Raised in New Suit
- Magistrate Judge Mary Pat Thynge: Patent Misuse Tried to Judge
- Magistrate Judge Mary Pat Thynge: Summary Judgment Granted - No Willful Infringement Under Seagate Standard
- Leonard P. Stark: Agree to Claim Terms or Lose Two of Them
- Sue L. Robinson: Jurisdiction Over Work-Product Dispute Declined
- New District of Delaware Intellectual Property Case Filings
- Magistrate Judge Stark: Motion for Judgment on the Pleadings -- denied
- Judge Robinson: Plaintiffs not permitted to use information as a sword and a shield
- Magistrate Judge Stark: assessing the adequacy of scienter when pleading fraud with particularity
- New District of Delaware Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: Transfer Denied Where Defendants Not Subject to Suit in Transferee Forum
- New District of Delaware Intellectual Property Case Filings
- Chief Judge Gregory M. Sleet: Claim Construction Order
- Judge Joseph J. Farnan, Jr.: Third Party Discovery
- Judge Sue L. Robinson: Voluntary Substitution Continues In Personam Jurisdiction
- Mary Pat Thynge: Deposition Discovery Again Warrants Addition of Late Inequitable-Conduct Claim
- Chief Judge Gregory M. Sleet: Manufacturing and Selling Automobile Parts Incorporated Into Vehicles Manufactured in Delaware is Sufficient to Confer Personal Jurisdiction
- Sue L. Robinson: Heightened Evidentiary Burden Under the Doctrine of Equivalents?
- Three Recommended to Fill D. Del. Vacancy
- Co-Author Andrew Lundgren Honored For Pro Bono Service
- Noel L. Hillman: Substituting Parties Insufficient to Cure SMJ Defect
- Judge Sue L. Robinson: Claim Construction
- District of Delaware New Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: Claim Construction
- Judge Joseph J. Farnan, Jr.: Notice of Trade Secret Use
- Judge Joseph J. Farnan, Jr.: Function of a Comma in Claim Construction
- Chief Judge Gregory M. Sleet: Motion to Enforce Settlement Agreement
- New District of Delaware Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: Subtle reminder to parties – give the Court the power to find in your favor
- Joseph J. Farnan: Colloquial Versus Textbook Definitions in Claim Construction
- Chief Judge Gregory M. Sleet: Dismissal Granted Based on First-Filed Rule
- Judge Sue L. Robinson - DJ Jurisdiction --What is Enough?
- Judge Joseph J. Farnan, Jr.: Motion to Strike Answer, Defenses and Counterclaims
- Magistrate Judge Mary Pat Thynge: Parties Should Be Able to Terminate Litigation When Trial Unattractive
- New District of Delaware Intellectual Property Case Filings
- Judge Sue L. Robinson: Transfer Denied
- Judge Sue L. Robinson: Some Notes on Reexamination
- Judge Joseph J. Farnan: 271(e)(2) -- Not a Jurisdictional Statute
- New District of Delaware Intellectual Property Filings
- Delaware FBA Chapter Hosts Legal Ethics Progam
- Sue L. Robinson: Motion to Amend Not Futile When "Substantive Dispute" Present
- Sue L. Robinson: Materiality of Foreign Declaration Questioned
- Judge Sue L. Robinson: Foreign Participation in the U.S. Market Through Third Party U.S. Licensee Deemed Sufficient to Withstand Motion To Dismiss
- Guest Post - The Interplay of Rule 16 and Rule 26(f) and Timing of the Meet and Confer
- Chief Judge Gregory M. Sleet - Stay Pending Reexam GRANTED
- Sue L. Robinson: Convenience Transfer Warranted by Operations "Regional" in Scope
- Judge Sue L. Robinson: Form 18 Complies with post-Twombly Pleading Standard for Infringement Case
- Mary Pat Thynge: Confirming Deposition Discovery Warrants Addition of Late Inequitable-Conduct Claim
- Guest Post - Magistrate Judge Stark: Discovery Behavior Not Exemplary But Not Bad Faith
- New District of Delaware Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: New Jury Verdict - CIF Licensing, LLC v. Agere Systems, Inc.
- Joseph J. Farnan: “Comprising” Rule Inapplicable When Use Limited to Specification
- Joseph J. Farnan: Secondary ANDA Filer Demonstrates DJ Jurisdiction After Primary Delays Entry into Market
- New District of Delaware Intellectual Property Filings
- Sue L. Robinson: Inventorship Claim on Chemical Patent Rejected
- Magistrate Judge Leonard P. Stark: No Stay for Pending Litigation Against Infringer
- Joseph J. Farnan: Ordinary-Skill Evidence Assumes Importance in Means-Plus-Function Claim Construction
- Judge Sue L. Robinson: Post-Judgment Interest Applies to Prejudgment Interest Component of Judgment
- Judge Joseph J. Farnan, Jr.: Court Will Not Force Defendants to Identify Specific Sections of Source Code Corresponding to Claims
- D. Del. Continues to See Rise in Patent Filings
- New District of Delaware Intellectual Property Case Filings
- Judge Sue L. Robinson: New Claim Construction Opinion
- Judge Sue L. Robinson: Extensive Spoliation of Documents Leads to Ruling Patents Unenforceable
- New District of Delaware Intellectual Property Case Filings
- Judge Joseph J. Farnan, Jr.: New Claim Construction Opinion
- Kent A. Jordan: “Field of Use” Exclusivity Argument Unsupported by License Agreement
- New District of Delaware Intellectual Property Filings 2008
- Judge Joseph J. Farnan, Jr.: Copyright Case Transfer Denied
- Leonard P. Stark: Stay Pending Reexam Denied
- D. Mass. Joins List of Courts with Patent Rules
- Joseph J. Farnan: Terms in Preamble Require No Construction
- Non-infringement Jury Verdict
- Judge Sue L. Robinson - No Injunction Warranted Where Plaintiff Cannot Demonstrate Likelihood of Success on the Merits
- Magistrate Judge Mary Pat Thynge: Claim Construction Opinion
- New District of Delaware Intellectual Property Filings 2008
- Kent A. Jordan and Leonard P. Stark: Recent D. Del. Claim Construction Decisions
- Sue L. Robinson: Receipt of Escrow Funds Does Not Trigger Jury-Trial Right
- Gregory M. Sleet: State-Law Competition Claim Dismissed Sua Sponte
- Magistrate Judge Mary Pat Thynge: Markman Opinion
- Chief Judge Gregory M. Sleet: Motion to Set Aside Default Judgment Denied
- Judge Joseph J. Farnan, Jr.: No Jurisdiction Over Section 291 or 146 Claims Where Patentee Files Disclaimer
- Magistrate Judge Mary Pat Thynge: What are "Reasonable" Attorneys' Fees?
- District of Delaware New Intellectual Property Filings
- Federal Circuit: Judge Robinson Liability Determination Affirmed
- Sue L. Robinson: How to Introduce an Adverse Expert's Deposition Testimony
- Peter Zura of 271 Patent Blog
- Chief Judge Gregory M. Sleet: Permanent Injunction Granted, Damages Stipulation Upheld
- Chief Judge Gregory M. Sleet: JMOL Denied - Circumstantial Evidence of Infringement Sufficient to Support Verdict
- New District of Delaware Intellectual Property Case Filings
- Magistrate Judge Mary Pat Thynge: Motion to Amend in Companion Case
- Judge Sue L. Robinson: Pleading State-Law Business Torts in D. Del.
- New District of Delaware Intellectual Property Case Filings
- Judge Sue L. Robinson: No Preliminary Injunction Despite Head to Head Competition
- Sue L. Robinson: License Exclusivity Not Solely Function of Parties' Intent
- Judge Joseph J. Farnan: Motion for Attorneys' Fees DENIED
- UPDATE Judge Sue L. Robinson: Calculating Pre-Judgment Interest, and Other Damages-Related Inquiries
- Joseph J. Farnan: Motion-to-Strike Victory for ANDA Filer
- UPDATE Sue L. Robinson: Fees Motion Incorrect Vehicle for Analyzing Enforceability
- Sue L. Robinson: Fees Motion Incorrect Vehicle for Analyzing Enforceability
- Joseph J. Farnan: $3 Million Plaintiff's Verdict Entered
- Jury Verdict for Plaintiff Siemens Medical Solutions, USA, Inc.
- Joseph J. Farnan: Failure to Disclose Does Not Always Equate to Inequitable Conduct
- Joseph J. Farnan: Invalidity Holding Trumps Infringement Reference in Final Judgment
- Young Conaway to Host INTA Roundtable: "Internet Enforcement - Who, What, and Where Are We to Search?"
- Judge Sue L. Robinson: Calculating Pre-Judgment Interest, and Other Damages-Related Inquiries
- Chief Judge Gregory M. Sleet: Premature to Reconsider Claim Construction While Reexam Ongoing
- New District of Delaware Intellectual Property Filings
- 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 Greogry M. Sleet: Motion to Transfer to E.D. Michigan in Automotive Seat Technology Dispute DENIED
- Judge Sue L. Robinson: No Transfer Where You Enjoy Benefits of Being a Delaware Corporation!
- Judge Kent A. Jordan: 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: Five-Month Stay Of Validity Trial In Hopes Of Hearing From The Supreme Court In The Interim GRANTED
- "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
- Judge Sue L. Robinson: 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
- Special Master Poppiti: Motion to Compel De-Designation of Non-Confidential Information GRANTED
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