Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

This breach of contract litigation arises from a failed business relationship between the parties.  Defendant counterclaimed also for breach of contract and trademark misappropriation. A special discovery master was appointed to assist the parties with their disputes.  Nonetheless, defendant brought this motion alleging eight separate discovery misdeeds, some of which overlap issues addressed by the Special Master.  The Court concludes that plaintiff did not commit sanctionable conduct, although it sometimes acted unreasonably.  However, because the Court previously warned the parties that certain conditions would apply to the continued litigation of the current motion, the Court determined to award costs.  Defendant fell well short of supporting its allegations.  Therefore, plaintiff is awarded the costs of defending the motion for sanctions.