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

In an earlier decision on May 22, 2009, the Court stayed this action pending further developments in the federal litigation given that the parties have used this license dispute principally as a device to gain strategic advantages in related MDL patent litigation.  At that time, the Court invited the parties to file a motion for relief from order pursuant to Delaware Superior Court Civil Rule 60(b) with respect to the Court’s decision on the cross motions for summary judgment.  Plaintiff accepted the Court’s invitation and filed the instant motion for relief from judgment which is granted.