Patent is held unenforceable due to laches and/or inequitable conduct

Cancer Research Technology, et al. v. Barr Laboratories, Inc., et al., Civ. No.07-457-SLR, January 26, 2010.

Robinson, J.  After trial, the court makes findings of fact and conclusions of law. It finds in favor of the defendants on the defenses of prosecution laches and/or inequitable conduct.

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Court rules on evidentiary issues relating to willfulness and damages

Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No.03-27-SLR, January 28, 2010.

Robinson, J.  The court rules on several pretrial evidentiary issues.

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Disputed contention, even if untimely, is allowed as harmless error

Webxchange Inc. v. Fedex Corporation, et al., C.A. No.08-133b-JJF, January 20, 2010.

Farnan, J.  Defendants’ motion to strike Plaintiff’s Third supplemental Response to Defendants’ Interrogatory No. 1 and for a protective order and motion for leave to file a surreply in opposition to Plaintiff’s motion to compel deposition testimony is denied.  Plaintiff’s motion to compel deposition testimony is granted in part and denied in part.

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Leave to file second amended answer after deadline is permitted

Webxchange Inc. v. Fedex Corporation, et al., C.A. No.08-133a-JJF, January 20, 2010.

Farnan, J.  Defendant’s motion for leave to amend its answer is granted.

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Leave to file second amended answer after deadline is permitted

Webxchange Inc. v. Dell Inc., C.A. No.08-132-JJF, January 20, 2010.

Farnan, J.  Defendant’s motion for leave to amend its answer is granted.

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Patent is invalid for lack of written description

Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No.07-333-SLR; Civ. No. 07-348-SLR; Civ. No. 07-409-SLR; Civ. No. 07-765-SLR, January 20, 2010.

Robinson, J.  Plaintiff’s motion for summary judgment of invalidity under §112 is granted. Plaintiff’s motion for summary judgment of noninfringement and invalidity under § 103 are denied. Defendant’s motion for summary judgment of infringement is also denied.

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Transfer motion based on "protective" second filing is denied

Pfizer Inc., et al. v. Sandoz Inc., Civil Action No.09-742-JJF, January 20, 2010.

Farnan, J.  Defendant’s motion to transfer is denied. The Court reserves decision on Plaintiff’s motion to enjoin defendant from proceeding with its later filed suit in the District of Columbia.

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Judge Farnan Announces Retirement

After 25 years of dedicated service as a United States District Judge for the District of Delaware, the Honorable Joseph J. Farnan, Jr. submitted his letter of retirement to President Barack Obama.  Judge Farnan plans to leave his office on July 31, 2010 and return to the practice of law.  During his tenure on the bench, Judge Farnan was pivotal in cementing the Court's reputation as a national venue for complex litigation.

The Court construes 26 disputed terms for four patents-in-suit

Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No.07-333-SLR; Civ. No. 07-348-SLR; Civ. No. 07-409-SLR; Civ. No. 07-765-SLR, January 20, 2010.

Robinson, J.  The Court provides construction for 26 claims following Markman Hearing.

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The Court construes 19 of 23 disputed terms following a Markman Hearing

Flash Seats, LLC v. Pacuolan, Inc., Civil Action No. 07-575-JJF, January 19, 2010.

Farnan, J.  The Court construes disputed terms following a Markman Hearing.

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