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

Talecris Biotherapeutics, Inc. v. Baxter International, Inc., et al., No. 05-349-GMS, June 14, 2007.

SLEET, J.   Plaintiff's motion to disqualify Baxter's counsel was denied despite involvement in prior litigation as a third year associate.

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Praxair, Inc. et al., v. ATMI, Inc. et al., No. 03-1158-SLR, June 13, 2007.

Robinson, C.J.  After a bench trial on inequitable conduct held on December 12, 2005, the Court concluded the prior art withheld was not cumulative and that the individuals accused of inequitable conduct were aware of that art.  Intent to deceive was based on the high materiality of the art.

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Digene Corporation v. Ventana Medical Systems Inc., et al., No. 01-752-MPT, June 12, 2007.

Thynge, J.  Beckman Coulter, Inc.’s motion to dismiss on res judicata grounds based upon a favorable arbitration decision was granted.

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Merck & Co., Inc. v. Apotex, Inc., No. 06-230-GMS, May 21, 2007.

Sleet, J.  The Court dismissed the action where actual controversy was resolved by plaintiff’s execution of covenant not to sue.

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Crown Packaging Technology, Inc. et al., v. Rexam Beverage Can Co., No. 05-608-MPT, May 17, 2007.

Thygne, J.  Following a Markman hearing, the Court issued a decision on the disputed terms.

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