Jury verdict is adjusted after post-trial motions; new trial is denied

SRI International, Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, August 20, 2009.

Robinson, J.  Plaintiff’s motion for post-trial relief is denied. ISS’s motion for JMOL is granted in part and denied in part. Symantec’s motion for JMOL with respect to non-infringement by SGS and Manager Products is granted. Symantec’s motion for a new trial or to amend judgment is denied.

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Inequitable conduct defense fails as untimely

Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc., et al., Civil Action No. 06-601-JJF, August 17, 2009.

Farnan, J.  Plaintiffs’ motion to strike Defendants’ motion for Defendants’ motion for summary judgment of unenforceability is granted.

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Permanent injunction issues and Court awards enhanced damages

Finjan Software, LTD. v. Secure Computing Corporation, C.A. No. 06-369-GMS, August 18, 2009.

Sleet, C. J.  All of defendants’ post-trial motions are denied, as well as plaintiff’s renewed motion for invalidity. However, the Court grants plaintiff’s motion for a permanent injunction and grants in part plaintiff’s motion for enhanced damages and its motion to amend the judgment and for an accounting of sales.

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Special Master's recommended construction of disputed term is modified

Honeywell International, Inc., et al. v. Nikon Corporation, et al., Civil Action No. 04-1337- JJF, August 12, 2009.

Farnan, J.  Plaintiff’s Objection to the Special Master’s Report and Recommendation Regarding Supplemental Claim Construction is overruled. Defendants’ Objection to the same is sustained in part and the Special Master’s recommended construction is modified by the Court.

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Markman decision issues re: ADHD drug

UCB, Inc. and Celltech Manufacturing CA, Inc. v. KV Pharmaceutical Company, Civil Action No. 08-223-JJF, August 18, 2009.

Farnan, J.  The Court construes six terms in one patent.

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Claims are found obvious and therefore invalid in Tramadol dispute

Purdue Pharma Products L.P., et al. v. Par Pharmaceutical, Inc., et al., Civil Action No. 07-255-KAJ, August 14, 2009.

Jordan, J.  The Court entered its post-trial rulings in an ANDA case regarding a generic version of Ultram® ER.

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Candidates for Vice Chancellor Position are Sent to the Governor

It has been reported that the following names for consideration as Vice Chancellor in the Delaware Court of Chancery have been submitted to Governor Jack Markell from his Judicial Nominating Commission:

  • Mary Johnston, a Superior Court judge since 2003 and previously the chief disciplinary counsel for the Delaware Supreme Court and a partner at Morris James.
  • Richard Forsten, a partner at Saul Ewing and counsel to the Delaware Republican Party.
  • Travis Laster, a partner at Abrams & Laster with a practice in corporate law.

 

Defendants fail to prove unenforceability on remand

Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 98-197- SLR, August 10, 2009.

Robinson, J.  Defendants failed to prove by clear and convincing evidence that the patents-in-suit are unenforceable.

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Lack of willfulness motion is granted; issues of fact remain as to other motions

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06c-491-MPT, July 27, 2009.

Thynge, M.J.  Defendants’ motion for summary judgment is denied as to non-infringement and is granted as to no willful infringement; defendants’ motion for summary judgment regarding lack of written description is denied; plaintiff’s motion to strike materials produced after the close of discovery and inadmissible hearsay is granted in part, denied in part, and moot in part; defendants’ motion for summary judgment of invalidity is denied; and plaintiff’s motion for leave to file sur-reply regarding defendants’ invalidity motion is moot.

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Patent misuse claim will not be tried to a jury; damages are limited

Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, July 28, 2009.

Thynge, M.J.  Patent misuse shall be tried and determined by the Court and Plaintiff’s claim for damages of the patent-in-suit begins on the date of correction by the PTO.

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Amendment to allege willfulness is allowed

St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co., LTD., et al., Civil Action No. 04-1436-JJF-LPS, July 28, 2009.

Farnan, J.  Court overrules Nokia’s objections to Magistrate Stark’s Memorandum Opinion granting plaintiff leave to file a second amended complaint.

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Court lacks jurisdiction to resolve out-of-state deposition dispute

Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No. 07-826- SLR, July 29, 2009.

Robinson, J.  Court rules that it is without jurisdiction to resolve a work product dispute asserted by plaintiff’s attorney representing nonparty at a deposition taken outside this jurisdiction.

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Plaintiff awarded costs of defending motion for discovery abuse sanctions

Dow Chemical Canada Inc. v. HRD Corporation (d/b/a Marcus Oil & Chemical), Civil Action No. 05-023-JJF, July 30, 2009.

Farnan, J.  Defendant’s motion for discovery abuse sanctions is denied with the costs of defending the motion awarded to plaintiff.

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Morris James "Best in the Business"

Morris James was recognized as the highest-ranking law firm in Delaware in their "Best in the Business" survey for "Mid-sized Companies".  The survey, conducted for The News Journal by WorkplaceDynamics, gathered feedback from 97 participating organizations on a variety of factors such as management, advancement, environment and compensation.