Pleading of false advertising claim results in dismissal
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., C.A. No. 06-505-SLR, August 21, 2007.
Robinson, J. Defendant’s motion to dismiss a false advertising claim is granted.
Continue Reading...Dueling attempts to preliminarily enjoin and to dismiss complaint both fail
Sun Optics, Inc. v. FGX International, Inc., C.A. No. 07-137- SLR, August 2, 2007.
Robinson, J. Plaintiff’s motion for a preliminary injunction and defendant’s motion to dismiss are denied.
Continue Reading...Bifurcation proposed as mechanism to assist in construction of design patents
Colgate-Palmolive v. Ranir, L.L.C., C.A. No. 06-417-GMS, July 31, 2007.
Sleet, C.J. The Court issued an order construing claims in a case involving seven toothbrush design patents and one utility patent.
Continue Reading...Antitrust claims were governed by forum selection clause
Robinson, J. Defendant’s motion to dismiss antitrust claims is granted.
Continue Reading...Bifurcation of infringement counter claims was refused
Crown Packaging Technology ,Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.
Thynge, M.J. Plaintiffs’motion to bifurcate the trial of defendant’s counterclaims is denied.
Continue Reading...Failure to mark results in dismissal; laches evidence to be presented to jury
Thynge, M.J. Plaintiffs’ motion to dismiss counterclaim based on failure to mark is granted. Plaintiffs’ motion to dismiss counterclaims based on laches is denied. Evidence of laches is relevant to willfulness and can be presented to the jury. A portion of the trial may be allocated to make a record for the Court on laches if there is additional evidence to be presented on laches.
Continue Reading...This Court has no jurisdiction over German parent of Delaware subsidiaries
Farnan, J. Defendant’s motion to dismiss German parent corporation for lack of personal jurisdiction is granted.
Continue Reading...Dismissal granted based on first-to-file rule
Time Warner Cable v. GPNE Corp., C.A. No. 07-67-MPT, July 20, 2007.
Thynge, M.J. Defendant’s motion to dismiss in light of prior pending action was granted. The motion to stay or transfer was denied as moot.
Continue Reading...Patent ruled not enabled on remand
Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., C.A. No. 02-581-JJF, July 19, 2007.
Farnan, J. On remand from the Federal Circuit to determine whether this patent-in-suit was enabled by prior art, the Court found that the patent was not enabled and therefore does not invalidate the patent on the grounds of anticipation.
Special Discovery Master's discovery rulings were overturned
LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.
Farnan, J. Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.
Continue Reading...Patentability argument permitted although rejected as untimely in Interference proceeding
Illinois Tool Works Inc. v. Frito-Lay North America, Inc., No. 06-54-GMS, July 9, 2007.
Sleet, C.J. Defendant’s motion to preclude patentability issues in this case is denied.
