Plaintiff and counsel are sanctioned for willful violation of Discovery Order

Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, May 26 , 2009.

Stark, M. J.  Magistrate finds initial award of sanctions is appropriate on remand and extends order to include sanctions against both plaintiff and its counsel.

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Tortious interference counterclaim is preempted by federal patent law but inequitable conduct counterclaim remains

Wilco AG v. Packaging Technologies & Inspection LLC, Civ. No. 08-635-SLR, May 19 , 2009.

Robinson J.  The Court grants plaintiff's motion to dismiss counterclaim of tortuous interference with business relations and denies motion to dismiss the counterclaim of inequitable conduct.

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Jury award is reduced from $52.3 to $44.9 to comport with the evidence

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., Civ. No. 07-190-SLR, May 15 , 2009.

Robinson J.  Defendant’s motion for judgment as a matter of law or for a new trial and remittitur is granted in part and denied in part.  Plaintiff’s motion for prejudgment interest is granted.

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Jurisdiction is proper where accused product sold to Delaware company is sold in components to Delaware plants

W. L. Gore & Associates, Inc., et al. v.Label Technologies, Inc., C.A. No. 08-111-GMS, May 15 , 2009.

Sleet, C. J.  Defendant’s motion to dismiss for lack of personal jurisdiction is denied. Based on that ruling, plaintiff’s request for jurisdictional discovery is denied as moot.

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Limited discovery is ordered in §291 interference action

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, May 7 , 2009.

Robinson J.  Plaintiff’s motion to set a trial date and defendant’s motion for reargument are both denied pending limited discovery.

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Discovery disputes are resolved

In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, April 27, 2009.

Stark, M. J.  Defendant’s motion to compel certain documents is denied.

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Subject matter jurisdiction challenge fails

St. Clair Intellectual Property Consultants, Inc. v. Siemens AG, et al., Civil Action No. 06-403-JJF-LPS, May 4 , 2009.

Stark, M. J.  Defendants’ motion to dismiss for lack of subject matter jurisdiction is denied.

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Lack of subject matter jurisdiction challenge fails

St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co., Ltd., et al., Civil Action No. 04-1436-JJF-LPS, May 4 , 2009.

Stark, M. J.  Hewlett-Packard’s motion to dismiss for lack of subject matter jurisdiction is denied.

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Claim construction ruling issues in ANDA case

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-LPS, May 4 , 2009.

Stark, M. J.  The Magistrate Judge issues a claim construction report and recommendation.

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Post-verdict shipments lead to punitive damages and exceptional case finding

Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.

Robinson, J.  Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.

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Order compelling certain co-promotion documents issues

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949a-LPS, May 7 , 2009.

Stark, M. J.  Defendants’ application for co-marketing is granted to the extent of plaintiff’s proposed compromise. The Court defers ruling on Plaintiff’s application for a defendant’s research and development efforts to allow for further attempts to compromise.

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Validity and infringement motions are largely successful after Markman ruling

IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282-SLR, April 28, 2009.

Robinson, J.  Plaintiff's motion for summary judgment of infringement is granted in part and denied in part; defendants' motion for summary judgment of noninfringement is also granted in part and denied in part.  Plaintiff’s motion for summary judgment of validity is granted.  Defendants' motions for summary judgment of invalidity are denied.  Plaintiff’s motion that defendants have no valid license defense is granted in part and denied in part as moot. Defendants' motion that it has a valid license defense is denied as moot.

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Complaint alleging misuse of confidential information survives 12(b)(6) attack

Spear Pharmaceuticals, Inc., et al. v. Blair & Company, LLC, et al., Civil Action No. 07-821-JJF, April 27, 2009.

Farnan, J.  Defendants’ 12(b)(6) motions to dismiss supplemental complaint are denied.

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Candidates for the vacant judgeship are reported

It was reported in the Delaware Grapevine by Celia Cohen that the candidates for the vacant judgeship in this district are rumored to be Andre Bouchard, managing partner at Bouchard Margules & Friedlander, U.S. Magistrate Judge Leonard Stark, and Mary Graham, a partner at Morris Nichols Arsht & Tunnell.

Plaintiff has standing to bring infringement action

St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, May 4 , 2009.

Stark, M. J.  Magistrate recommends that the Motions for Jurisdictional Discovery and Hearing and to Dismiss for Lack of Subject Matter be denied and The Motion for Leave to File a Surreply is granted.

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Markman decision issues on casino slot machine networking technology and player rewards

IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282a-SLR, April 28, 2009.

Robinson, J.  The Court issues a claims construction ruling on 13 disputed terms.

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