Defendant did not meet burden to transfer to Northern District of California
Helicos Biosciences Corporation v. Illumina, Inc., et al., Civ. No. 10-735-SLR, May 3, 2012.
Robinson, J. Motion to transfer is denied.
Continue Reading...Infringement in Delaware warranted denial of transfer motion
Cellectis S.A. v. Precision Biosciences Inc., Civ. No. 11-173-SLR, May 3, 2012.
Robinson, J. Defendant’s motion to transfer to North Carolina is denied and plaintiff’s motion to enjoin litigation over the same patent in North Carolina is granted.
Continue Reading...Court denies transfer motion but severs and consolidates for pre-trial matters
Investpic, LLC v. SAS Institute, Inc., Civil Action No. 10-1028-RGA, May 15, 2012.
Andrews, J. Motion to sever is granted, motion to transfer is denied. Court consolidates for pretrial purposes.
Continue Reading...Asserted new evidence does not justify striking expert report
Wyeth Holdings Corporation, Wyeth-Ayerst Lederle LLC, and Wyeth LLC v. Sandoz, Inc., Civ. Action No. 09-955-RGA-CJB, May 10, 2012.
Burke, J. Motion for relief from a previous order striking certain portions of an expert report is denied.
Continue Reading...Request for reconsideration does not meet governing standard
ICU Medical, Inc. v. Rymed Technologies, Inc., Civ. No. 07-468-LPS, May 4, 2012.
Stark, J. Motion for reconsideration is denied.
Continue Reading...ANDA defendant did not prove invalidity for obviousness or anticipation
OSI Pharmaceuticals, Inc., Pfizer, Inc., and Genentech Inc. v. Mylan Pharmaceuticals Inc., Civ. No. 09-185-SLR, May 1, 2012.
Robinson, J. Findings of fact and conclusions of law.
Continue Reading...Related products containing an ingredient of an ANDA must be produced
Medicis Pharmaceutical Corporation and Dow Pharmaceutical Sciences, Inc. v. Actavis Mid Atlantic LLC, Civ. Action No. 11-409-CJB, April 30, 2012.
Burke, J. Motion to compel is granted.
Continue Reading...Use of trade names in complaint is sufficient to overcome motion to dismiss
Motivation Innovations, LLC v. Express, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Petsmart, Inc., and Victoria’s Secret Stores, LLC d/b/a Victoria’s Secret, C. A. No. 11-615-MPT, April 24, 2012.
Thynge, J. Motion to dismiss for failure to state a claim is denied and motion to file an amended complaint is granted.
Continue Reading...Court consolidates cases and denies request to stay later filed case
Masimo Corporation v. Philips Electronics North America Corporation and Philips Medizin Systeme Böblingen GmBH, Civil Action No. 11-742-LPS-MPT, April 16, 2012.
Thynge, M. J. Motion to consolidate and stay granted in party and denied in part.
Continue Reading...2012 Federal Trial Practice Seminar: An Introduction to Federal Practice in the District of Delaware
The Delaware Chapter of the Federal Bar Association, in conjunction with the United States District Court for the District of Delaware, is pleased to announce another exciting new initiative. On the evenings of Thursday, May 17 and Thursday, May 31, 2012, from 5:00 to 7:30 p.m., the District Court and FBA will sponsor a two-night seminar program entitled “The Federal Trial Practice Seminar Presents: An Introduction to Federal Practice in the District of Delaware.” The sessions will take place in Courtroom 2B at the J. Caleb Boggs Federal Building.
Attorneys who have been practicing in the District for three years or less are eligible to participate in this seminar. One of the two seminar sessions will relate to an attorney’s interaction with opposing counsel and participation in the litigation process, while the other session will focus on an attorney’s interaction with the Court. Each session will include a presentation from a speaker and a panel discussion. The speakers and panel members will be current and/or former judges of the District Court.
Participation is limited to FBA members. Current FBA members may register for the seminar by contacting Steve Brauerman via e-mail at sbrauerman@bayardlaw.com, by no later than May 14, 2012. Those interested in participating in the seminar who are not currently FBA members may fill out and submit the attached application form in order to become a member.
Alternatively, they may contact Mr. Brauerman at the e-mail address listed above to obtain additional information about FBA membership.
Space for the seminar is limited and applicants will be accepted on a first-come, first-served basis. Applicants should be available to attend both sessions. Admission to the seminar is free and the FBA expects to apply for Continuing Legal Education credit in Delaware for both sessions.
The "Introduction to Federal Practice" seminar will be organized by the same administrative team that has organized our successful "Federal Trial Practice Seminar" (or "FTPS") in 2010 and 2011. The FTPS, an eight-week trial skills seminar program offered to attorneys in their first ten years of practice, will be next offered again in Spring 2013.
