Court denies attorney fees in patent infringement case

Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc., et al., C.A. No. 03-891-JJF, February 26, 2008.

Farnan, J.  Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.

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E-mail marketing is a sufficient contact for personal jurisdiction in Delaware

Tristrata Technology, Inc. v. Emulgen Laboratories, Inc, et al., C.A. No. 06-652-JJF, February 25, 2008.

Farnan, J.  Court denies Defendant’s motion to dismiss and transfer venue and holds that jurisdiction and venue are proper where the company targeted sales of allegedly infringing product to Delaware residents as part of national e-mail campaign.

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Bush nominates U.S. Attorney Colm F. Connolly for U.S. District Court Seat

The White House confirmed today that it has sent U.S. Attorney Colm F. Connolly's name to the U.S. Senate as its nominee to fill a vacancy on the federal bench in Delaware.

Connolly's name was submitted for consideration by President Bush along with three others last year to fill the position left vacant by Kent A. Jordan after he was appointed to the U.S. 3rd Circuit Court of Appeals.

 

 

Court denies defendants' motion to stay pending resolution of jurisdictional challenge

Power Integrations, Inc., v. BCD Semiconductor Corporation, et al., C.A. No. 07-633-JJF-LPS, February 11, 2008.

Farnan, J.  Court denies defendants’ motion to stay pending resolution of motion to dismiss for lack of personal jurisdiction since any efforts taken (including discovery) could be useful in declaratory judgment action pending in Northern District of California between same parties.

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Motion to amend and to supplement an inequitable conduct counterclaim is granted over futility argument

Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc. et al., C.A. No. 06-259-MPT, January 31, 2008.

Thynge, M.J.  The Court grants plaintiffs’ motion to amend and supplement their counterclaim for inequitable conduct.

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Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions

Boston Scientific Corporation, et al., v. Johnson & Johnson, et al., C.A. Nos. 07-333, 07-348, 07-409 and 07-765-SLR, January 24, 2008.

Robinson, J.  The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.

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Post-trial briefing is limited to trial record

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.

Robinson, J.  Plaintiff’s motion to register judgment is denied.  Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted.  Defendant’s motion to reopen the record on equitable issues is denied.

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Efiling of Complaint

The Delaware District Court has now started a six month pilot program which grants registered CM/ECF users the right to file civil and miscellaneous case opening documents via the efiling system with the use of a credit card.  Previously, all new complaints needed to be filed in hard copy and on CD directly with the Clerk's office.  The Clerk's office would then give the new case a civil action number and upload the documents to the efiling system, after which users would be able to access and add new documents to the case.