Plaintiff's request to reargue its motion to compel is denied
Robert Bosch LLC v. Pylon Manufacturing Corp., C. A. No.08-542-MPT, March 19, 2010.
Thynge, M. J. Plaintiff’s motion for reargument is denied
Continue Reading...Request for jury trial on damages is denied for now; schedule dispute is resolved
Cordance Corporation v. Amazon.Com, Inc., Civil Action No.06-491-MPT, March 19, 2010.
Thynge, M. J. The Order to bifurcate remains in place and the Court adopts plaintiff’s proposed scheduling order on remaining issues.
Continue Reading...Delaware is again #1
U.S. Chamber’s Institute for Legal Reform (ILR) has released its survey ranking the states with the best and worst legal climates in the country.
Counsel's disqualification stands on reconsideration
Apeldyn Corporation v. Samsung Electronics Co.,Ltd., et al., Civ. No.08-568-SLR, March 12, 2010.
Robinson, J. Samsung’s motion to disqualify Plaintiff’s counsel so long as Samsung remains in the case is denied. The court further orders that Samsung shall be dismissed from the case on or before June 25, 2010 unless plaintiff’s counsel advises otherwise.
Continue Reading...Lanham Act and DTPA violations are found in sunscreen ads
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, March 15, 2010.
Robinson, J. The court finds Lanham Act and DTPA violations after a bench trial and enters judgment in favor of plaintiff and also judgment in favor of defendant on its counterclaims. The parties are directed to submit a proposed order for injunctive relief.
Continue Reading...Obama nominates Stark to fill Delaware's judicial vacancy
President Obama has nominated Leonard Stark to fill the judicial vacancy in the District of Delaware created after Judge Jordan's elevation to the Third Circuit. Judge Leonard P. Stark is a United States Magistrate Judge for the District of Delaware, a position he has held since 2007. Previously, he was an Assistant United States Attorney for the District of Delaware and an associate in the Delaware office of Skadden, Arps, Slate, Meagher & Flom LLP.
Antitrust claims are bifurcated and discovery is stayed
Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010.
Thynge, M. J. Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent issues.
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Claim construction order issues in software dispute
Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.
Robinson, J. The court construes 22 terms from the two patents-in-suit.
Continue Reading...Summary judgment is denied pending outcome of Bilski appeal
Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.
Robinson, J. Defendant’s motions for summary judgment of invalidity based on indefiniteness, on-sale bar, anticipation or obviousness are denied. Defendant’s motion that the trade secret misappropriation claim is barred by the statute of limitations is denied. Defendant’s motion for summary judgment of non-infringement is denied without prejudice to renew. Plaintiff’s motion to strike defendant’s on-sale bar arguments and related documents not identified in invalidity contentions is denied.
Continue Reading...Pretrial motions are decided in golf ball case
Callaway Golf Company v. Acushnet Company, Civ. No.06-091-SLR, March 3, 2010.
Robinson, J. Defendant’s renewed motion for summary judgment on anticipation is denied. Defendant’s Daubert motion is denied. Plaintiff’s motions in limine are granted, and defendants’ motions in limine are denied in part and granted in part. The court denies the motion to disqualify the damages expert Brian Napper. He is qualified and need only show with a reasonable probability that sales for which lost profits are sought would have been made.
Continue Reading...Six in limine motions are denied prior to bench trial
UCB, Inc., et al. v. KV Pharmaceutical Company, Civil Action No.08-223-JJF, March 9, 2010.
Farnan, J. Plaintiffs’ three in limine motions and defendant’s three in limine motions are all denied.
Continue Reading...Markman rulings issue relating to electronic storage and management
Leader Technologies, Inc. v. Facebook, Inc., Civil Action No.08-862-JJF, March 9, 2010.
Farnan, J. The court construes eight terms in patent entitled “Dynamic Association of Electronically Stored Information With Iterative Workflow Changes.”
Continue Reading...All but one evidentiary objection is overruled following bench trial
LG Display Co., LTD. v. Au Optronics Corporation, et al., Civil Action No.06-726-JJF, March 2, 2010.
Farnan, J. The Court considers certain evidentiary objections following a bench trial and overrules all but one of the parties’ objections.
Continue Reading...Seven disputed terms are construed for the patent-in-suit
Magsil Corp., et al. v. Seagate Technology, et al., Civil Action No.08-940-HB, March 1, 2010.
Bartle, C.J. The Court issues a claims construction for seven disputed terms following a Markman Hearing.
Continue Reading...Matter is dismissed for lack of subject matter jurisdiction where no interference-in-fact is found
Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No.08-290a-SLR, February 24, 2010.
Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Plaintiff's construction of two disputed terms is rejected
Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Incl., Civ. No.08-290-SLR, February 24, 2010.
Robinson, J. The Court issues a claims construction for two disputed terms following a Markman Hearing.
Continue Reading...Complaint must be amended or face dismissal
Eidos Communications, et al. v. Skype Technologies SA, et al., Civ. No.09-234-SLR, February 24, 2010.
Robinson J. Defendant’s motion to dismiss for failure to state a claim or, in the alternative, for a more definite statement is granted in part.
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