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

Super Lawyers® magazine has named 7 Morris James partners as top legal counsel in Delaware.  The multiphase selection process is handled by Law & Politics who evaluates each candidate on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis and include only 5 percent of the licensed attorneys in a state.

Morris James’ 2010 nominations include:

• Richard Herrmann – Intellectual Property Litigation
• P. Clarkson Collins, Jr. - Business Litigation, Business/Corporate, Mergers & Acquisitions
• Richard Galperin - Personal Injury Defense: Medical Malpractice
• Lewis H. Lazarus - Business Litigation
• Edward M. McNally - Business Litigation, Business/Corporate
• James W. Semple - Business Litigation, General Litigation, Insurance Coverage
• David H. Williams - Employment & Labor, Government/Cities/Municipalities  
 

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In Re: Alfuzosin Hydrochloride Patent Litigation, MDL Docket No. 08-md-1941-GMS, May 14, 2010.

Sleet, C. J.  After trial the court finds in favor of the patentee that: (1) the '491 patent is not invalid; and (2) an award for attorneys' fees and costs is not warranted in this case.

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The Dow Chemical Company v. Nova Chemicals Corporation (Canada), et al., Civil Action No.05-737-JJF, May 20, 2010.

Farnan, J.  Defendants’ motion for summary judgment of noninfringement and/or invalidity is denied.  The parties agree that portions of the invalidity argument are moot due to claim construction, and are therefore denied as moot.  Defendants’ motion to strike untimely expert declarations is denied.

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Rochester Drug Co-Operative, Inc., et al. v. Braintree Laboratories, Civ. No.07-142-SLR, May 18, 2010.

Robinson, J.  Defendant’s motion to dismiss antitrust complaint alleging sham litigation is denied.

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McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, May 18, 2010.

Robinson, J.  The Court adopts the Magistrate’s recommendations in part and overrules in part as follows:
(1) denies defendant’s motion to dismiss
for lack of standing and grants plaintiff’s motion for summary judgment on defendant’s lack of standing defense;
(2) denies defendant’s noninfringement motion;
(3) grants plaintiff’s motion re: no inequitable conduct;
(4) grants plaintiff’s motion re: validity and denies defendant’s invalidity motion;
(5) denies defendant’s motion re: no willfulness;
(6) denies plaintiff’s motion re: no patent misuse;
(7) grants plaintiff’s motion re: no unclean hands, waiver, laches and equitable estoppel and denies defendant’s re laches and estoppel;
(8) grants in part defendant’s motion re: failure to mark.

The court also adopts in part and overrules in part the recommended claim constructions, and denies defendant’s motion to reconsider the denial of its motion to exclude certain expert testimony.
 

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Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, May 18, 2010.

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

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The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals, L.P., C. A. No.09-184-JJF-LPS, May 12, 2010.

Stark, M. J.  The Magistrate recommends claims construction for ten disputed terms following a Markman hearing.

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Federal Magistrate Stark is one step closer to taking a seat on the bench of the Delaware District Court. The Senate Judiciary Committee on Thursday, May 13, 2010, unanimously approved the nomination of Magistrate Stark to become a district judge, sending his nomination to the full Senate for consideration.

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In Re: Alfuzosin Hydrochloride Patent Litigation, MDL Docket No. 08-md-1941a-GMS, May 14, 2010.

Sleet, C. J.  The court finds that the plaintiffs have proven by the preponderance of the evidence that the defendant Mylan’s proposed 10 mg extended release alfuzosin hydrochloride tablets will infringe the asserted claims of the '491 patent.  The court further finds that Mylan will induce infringement of the asserted claims of the '491 patent.

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Trueposition Inc. v. Andrew Corporation, Civ. No.05-747-SLR, May 4, 2010.

Robinson, J.  Plaintiff’s motion for supplemental damages based on “previously undisclosed sales for pre-injunction activity and sanctions for post-injunction activity are denied.

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LG Display Co., LTD. v. Au Optronics Corporation, et al., Civil Action No.06-726-JJF and 07-357-JJF April 30, 2010.

Farnan, J.  CMO’s action is stayed; its motion for leave to file a response to post-trial briefs is denied. Plaintiff failed to prove defendant infringes plaintiff’s patents-in-suit. Defendant failed to prove plaintiffs’ patents are invalid. Final judgment is withheld until a damages opinion issues.

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