Infringement judgment in prior suit does not result in summary judgment

Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 08-779-SLR, July 21, 2009.

Robinson, J.  Plaintiff’s motion for summary judgment is denied.

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Third-party subpoena is held invalid for deposition outside Delaware

Hallamore Corporation v. Capco Steel Corporation, Misc. Action No. 08-211-SLR, June 30, 2009.

Robinson, J.  Plaintiff’s motion to compel a non-party to attend a deposition and produce documents pursuant to a subpoena issued in Delaware is denied and the subpoena is deemed invalid.

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Morris James launches eDiscovery blog

Morris James has launched a new e-discovery blog titled Delaware eDiscovery Report.  Chris Spizzirri's expertise has been described by Gabe's Guide to the e-Discovery Universe as "top notch."  We invite you to check out the blog and follow e-discovery developments.
 

Magistrate sets procedure for claim construction

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 16, 2009 (Order).

Stark, M. J.  Magistrate Judge issues order outlining claim construction procedures.

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Plaintiff fails to state a claim for false advertising under the Lanham Act

Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, July 9, 2009.

Robinson, J.  Defendant’s motion to dismiss plaintiff’s claims for false advertising arising under the Lanham Act is granted.

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Possible claim splitting stays litigation

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 9, 2009.

Stark, M. J.  Decision on cross motions for summary judgment is deferred pending ruling in earlier action.

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Partial summary judgment of non-infringement is granted in video-on-demand suit

American Patent Development Corporation, LLC v. Movielink, LLC, Civil Action No. 07-605-JJF, July 1, 2009.

Farnan, J.  Defendant’s Motion For Partial Summary Judgment of Non-Infringement is granted in part. Plaintiff’s Motion for Partial Summary Judgment of Infringement is denied.

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Magistrate Judge issues claim construction ruling in memantine suit

Forest Laboratories, Inc., et al. v. Cobalt Laboratories, Inc., et al., C.A. No. 08-21-GMS-LPS, July 2, 2009.

Stark, M. J.  Magistrate Judge issues Report and Recommendation regarding claim construction.

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Inventor's post-deposition opinions on legal issues trouble Court

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, June 30, 2009.

Thynge, M. J.  Defendant’s motion to strike second declaration by an inventor/expert is moot. The second declaration will not be considered for purposes of summary judgment.

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Various counterclaims are dismissed with leave to amend with detail

Sun Microsystems, Inc. v. Versata Enterprises, Inc., et al., Civil Action No. 07-782-JJF, July 1, 2009.

Farnan, J.  Plaintiff’s motion to dismiss defendants’ counterclaims is granted in part and denied in part.  Plaintiff’s motion to strike is also granted in part and denied in part.  Defendants are granted leave to amend their defenses and counterclaims.

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Patent misuse and marking defense survive summary judgment challenge

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491-MPT, June 30, 2009.

Thynge, M. J.  Plaintiff’s motion for summary judgment on defendants’ prosecution laches defense is granted and defendants’ motion relating to this defense is denied.  Plaintiff’s motion for summary judgment concerning Amazon’s patent misuse defense is granted in part and denied in part.  Plaintiff’s motion for summary judgment on a marking issue is denied.  Plaintiff’s motion for summary judgment on defendants’ § 288 defense is granted.

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Court declines to unseal inflammatory answer

Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.

Robinson, J.  Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.

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Antitrust claims permitted in MDL patent dispute

In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.

Stark, M.J.  A motion to amend complaint filed by equipment vendors is granted.  The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.

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Defendants' ties to Delaware are insufficient to confer jurisdiction

Roquette Freres v. SPI Pharma, Inc., et al., C. A. No. 06-540-GMS-MPT, June 25, 2009.

Thynge, M. J.  Certain defendants’ motions to dismiss for lack of personal jurisdiction are granted. Motions for leave to file a supplemental answering brief are granted.

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Markman decision issues in case involving polymer blends

The Dow Chemical Company v. NOVA Chemicals Corporation and NOVA Chemicals, Inc., Civil Action No. 05-737-JJF, June 25, 2009.

Farnan, J.  The Court construes five of six disputed terms in a 42-page opinion.

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Rebate information is held discoverable in antitrust case

State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.

Robinson, J.  Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.

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Failure to respond to discovery results in waiver of objections

SWIMC, Inc. v. Hy-Tech Thermal Solutions, LLC, et al., Civ. No. 08-084-SLR, June 24 , 2009.

Robinson, J.  Plaintiff’s motion to compel discovery is granted.

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