Summary judgment of non-infringement was denied
Thynge, J. Defendants’ motion for summary judgment of noninfringement was denied.
Patent misuse defense was sufficiently pled
Medpointe Healthcare Inc. v. Apotex Inc., et al., D. Del. No. 06-164-SLR, Jan. 26, 2007.
Robinson, J. Motion to strike patent misuse defense was denied.
Continue Reading...German nationals were subject to Hague, not American, depositions
Medpointe Healthcare Inc. v. Apotex, Inc., et al., D. Del. No. 06-164-SLR, Jan. 26, 2007.
Robinson, J. The court ordered depositions of German nationals by means of the Hague Convention.
Continue Reading...Untimely prior art references were precluded due to lack of diligence
Bridgestone Sports Co. Ltd. v. Acushnet Co., No. 05-132-JJF, Feb. 15, 2007.
Farnan, J. A motion to preclude untimely disclosed prior art references was granted.
Continue Reading...Summary judgment of infringement was granted in part
Thynge, J. Motion for summary judgment of infringement of certain claims was denied as moot and of inducement of infringement were denied as moot. Motion for summary judgment of infringement regarding use under 35 U.S.C. § 271(a) was granted in part.
Civil conspiracy to commit patent infringement and evade discovery is not actionable
Digene Corporation v. Ventana Medical Systems, Inc., et al., No. 01-752-MPT, Mar. 6, 2007.
Thynge, J. A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.
Damages expert's testimony was limited in part
Thynge, J. A motion in limine to limit expert testimony was granted in part. A motion for summary judgment to preclude damages for non-infringing lines was denied.
Continue Reading...Reconsideration of damages limitation was denied
Thynge, J. A motion for reconsideration of December 5, 2006 limitation on damages was denied.
An untimely expert report was limited
Thynge, J. A motion to preclude invalidity expert’s first report based on unreliable methods was discussed in separate opinion. A motion to dismiss a supplemental report was granted in part as untimely.
Continue Reading...JMOL and new trial were denied as the court awarded enhanced damages
IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. Defendant’s motion for JMOL and new trial was denied. Plaintiff’s motion for enhanced damages was granted. Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.
Continue Reading...No inequitable conduct found where withheld art was not material
IMX, Inc. v. LendingTree, LLC, D. Del. No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. After bench trial on inequitable conduct, the court found the patent was not unenforceable due to failure to disclose prior art.
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