Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

Jennifer Brinkmeier v. Bic Corporation et al., Civ. Nos.09-860-SLR and 10-01-SLR, August 25, 2010.

Robinson, J.  Defendants’ motions to dismiss the complaint are granted.

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Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, August 24, 2010.

Robinson, J.  The Court issues a Markman decision on 14 terms for 6 of the 7 patents in suit.

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Allergan Inc. v. Barr Laboratories Inc.,, et al., Civ. No.09-333-SLR-LPS, August 18, 2010.

Stark, J.  After submissions and a discovery teleconference, the court rules on defendants’ motion to compel privileged documents.

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Xpoint Technologies, Inc. v. Microsoft Corporation, et al., Civ. No.09-628-SLR, August 12, 2010.

Robinson, J.  Defendants’ motion to dismiss for failure to state a claim are granted in part and denied in part. The indirect infringement claims are dismissed, but the direct infringement claims survive. The motion to dismiss willfulness claim for lack of detail was denied.

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Alcon, Inc. and Alcon Research, LTD. v. Teva Pharmaceuticals USA, Inc., Civ. No.06-234-SLR, August 5, 2010.

Robinson, J.  Plaintiff’s motion to amend judgment to enter permanent injunction is denied.

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Girafa.com, Inc. v. Smartdevil Inc., Civ. No.07-787-SLR, August 4, 2010.

Robinson, J.  Defendant’s motion to set aside the entry of default in appearance is granted, and plaintiff’s motion for entry of default judgment is denied conditionally.

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CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems, Inc., Civil Action No.07-170-JJF, July 30, 2010.

Farnan, J.  Defendant's JMOL of no direct infringement on all claims is denied; defendant's JMOL of no indirect infringement of the ‘776 patent is granted; defendant's JMOL of no infringement under a theory of component liability is granted; defendant's JMOL of no infringement under the doctrine of equivalents is denied as moot; plaintiff's JMOL that the ‘054 patent is infringed and that it is not invalid is denied in part and granted in part.  Plaintiff's motion is denied with regard to indirect infringement, and granted with regard to invalidity. Plaintiff's JMOLs that the ‘758, ‘776 and the ‘641 patents are infringed and that they are not invalid are denied.

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Yesterday Magistrate Judge Leonard Stark was confirmed by the Senate to fill the vacancy in the Delaware District Court left three and a half years ago when Judge Jordan was elevated to the Third Circuit. The White House has not yet nominated the successor to fill the vacancy due to Judge Farnan's retirement from the bench.

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The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737b-JJF, July 30, 2010.

Farnan, J.  Defendants’ motion for summary judgment of invalidity is denied; plaintiff’s motion for summary judgment that patent claims are not invalid for lack of written description, and for partial summary judgment based on defendants’ written description defense are denied.

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