Summary judgment of non-infringement was denied

Posted on March 16, 2007 by Morris James LLP
Inline Connection Corp. et al. v. AOL Time Warner Inc. et al., Nos. 02-272-MPT, 02-477-MPT (consolidated), Feb. 2, 2007.


Thynge, J.  Defendants’ motion for summary judgment of noninfringement was denied.



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Patent misuse defense was sufficiently pled

Posted on March 13, 2007 by Morris James LLP
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.

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German nationals were subject to Hague, not American, depositions

Posted on March 13, 2007 by Morris James LLP
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.

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Untimely prior art references were precluded due to lack of diligence

Posted on March 13, 2007 by Morris James LLP
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.

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Summary judgment of infringement was granted in part

Posted on March 13, 2007 by Morris James LLP
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Feb. 1, 2007.

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.


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Civil conspiracy to commit patent infringement and evade discovery is not actionable

Posted on March 13, 2007 by Morris James LLP
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.


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Damages expert's testimony was limited in part

Posted on March 13, 2007 by Morris James LLP
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 16, 2007.

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.

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Reconsideration of damages limitation was denied

Posted on March 13, 2007 by Morris James LLP
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 12, 2007.

Thynge, J.  A motion for reconsideration of December 5, 2006 limitation on damages was denied.


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An untimely expert report was limited

Posted on March 13, 2007 by Morris James LLP
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 8, 2007.

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.

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JMOL and new trial were denied as the court awarded enhanced damages

Posted on March 13, 2007 by Morris James LLP

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.

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No inequitable conduct found where withheld art was not material

Posted on March 13, 2007 by Morris James LLP

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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Scheduling Order of Chief Judge Sue L. Robinson

Posted on March 9, 2007 by Morris James LLP

Chief Judge Robinson Scheduling Order

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Scheduling Order of Judge Joseph J. Farnan, Jr.

Posted on March 9, 2007 by Morris James LLP

Judge Farnan Scheduling Order

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Scheduling Order of Judge Gregory M. Sleet

Posted on March 8, 2007 by Morris James LLP

Judge Sleet Scheduling Order

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Scheduling Order of Magistrate Judge Mary Pat Thynge

Posted on March 7, 2007 by Morris James LLP

Judge Thynge Scheduling Order

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