Case is dismissed for lack of standing to sue

Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-390-JJF, June 25, 2010.

Farnan, J.  Defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to join an indispensible party is granted.  Plaintiffs’ motion to consolidate cases is denied as moot.  Defendant’s motion to stay pending the outcome of reexamination proceedings is denied as moot and the motion to supplement the record on the motion to stay is denied as moot.

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Stay pending reexamination is granted

Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-571-JJF, June 25, 2010.

Farnan, J.  Plaintiffs’ motion to consolidate cases is denied as moot. Defendant’s motion to stay pending outcome of reexamination proceedings is granted. Defendant’s motion to supplement the record on its motion to stay is denied.

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No common interest with litigation financing companies ruling is upheld

Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862-JJF, June 24, 2010.

Farnan, J.  Plaintiff’s objections to the Magistrate’s discovery order of March 10, 2010 are overruled.  Defendant’s objections to the Magistrate’s discovery order of April 27, 2010 are overruled.

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Magistrate's Markman rulings are adopted over untimely objections

The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals, L.P., C. A. No. 09-184-GMS-LPS, June 24, 2010.

Sleet, C. J.  The Court adopts the Magistrate’s Report and Recommendation regarding claim construction.

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The Magistrate construes 24 disputed terms for 7 patents

Abbott Laboratories, et al. v. Lupin Limited, et al., Civ. No. 09-152-JJF-LPS, June 18, 2010.

Stark, M. J.  The Magistrate construes 24 disputed terms in a 70-page opinion following a Markman Hearing on May 21, 2010.

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29 terms are construed for 2 patents in elevator technology dispute

Inventio AG v. Thyssenkrupp Elevator Americas Corporation, et al., Civil Action No. 08-874-ER, June 14, 2010.

Robreno, J.  (sitting by designation) The Court issues a 103-page Markman decision for 29 disputed terms.

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Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers

Morris James LLP is pleased to announce that ten of its partners have been ranked among the leading Delaware lawyers in the 2010 edition of Chambers USA:  America’s Leading Lawyers for Business - an increase of two rankings from last year.    In addition, four practice areas including Bankruptcy/Restructuring, Chancery, Intellectual Property and Employment Law were identified among the leading practices in Delaware.   The Morris James partners selected for inclusion in the 2010 edition are:

Bankruptcy/Restructuring

  • Brett Fallon
  • Carl N. Kunz
  • Stephen M. Miller

Chancery

  • Edward M. McNally
  • Lewis H. Lazarus
  • P. Clarkson Collins, Jr.

Intellectual Property

  • Mary M. Matterer
  • Richard K. Herrmann

Labor and Employment

  • David H. Williams

Real Estate: Zoning/Land Use

  • A. Kimberly Hoffman

Chambers & Partners is a highly respected and influential London-based research and publishing company that provides rankings of leading business lawyers and law firms throughout the world.  Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. 
 

Disputed claims are found to be obvious after ANDA trial

Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No. 07-779-SLR, June 14, 2010.

Robinson, J.  Judgment issues in favor of defendants after bench trial.  Plaintiffs prevailed on claims of infringement, no lack of enablement, and no inequitable conduct.  Defendants prevailed on their obviousness defense.

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Motion to exclude evidence as untimely is denied where no bad faith is found

Intermec Technologies Corp. v. Palm Inc., Civ. No. 07-272-SLR, June 7, 2010.

Robinson, J.  Defendant’s motion to exclude evidence and argument on invalidity pertaining to plaintiff’s Trakker product is denied.

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Limited additional evidence is permitted on motion to reconsider

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No. 09-642-SLR, June 7, 2010.

Robinson, J.  Defendant's motion for reconsideration is granted. Defendant shall file a submission addressing only the additional evidence it seeks to present to rebut the presumption of consumer deception. Plaintiff may respond regarding disputes of the evidence submitted or positions represented.

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Claim construction ruling issues in catheter case

B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No.09-347-JJF-LPS, June 3, 2010.

Stark, M. J.  The Magistrate recommends construction of seven disputed terms following a Markman Hearing.

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Peter B. Ladig Joins Morris James LLP as a Partner in the Corporate and Fiduciary Litigation Group

Morris James LLP is pleased to announce Peter B. Ladig has joined the firm as of June 1, 2010.  The majority of Mr. Ladig’s practice is in the Delaware Court of Chancery, although he has extensive experience in the other state and federal courts in Delaware and has been involved in over 50 published decisions. 

David Williams, the firm’s managing partner stated “We are delighted Peter Ladig has joined the Firm as a partner in our Corporate/Commercial Litigation Group. Peter adds his considerable skill and experience to a talented Group. We continue to look for opportunities to grow our Firm by adding accomplished laterals, particularly in the IP practice.”   

Mr. Ladig has represented both stockholders and directors in litigation in the Court of Chancery in cases involving, among other things, advancement of legal fees and expenses, contested elections of directors, requests to inspect books and records and claims for breaches of fiduciary duties.  He has also represented corporations and other entities in commercial disputes involving breach of contract claims and claims arising under the General Corporation Law of the State of Delaware. 

Mr. Ladig has authored several articles pertaining to corporate and commercial litigation in Delaware and he is a frequent speaker before groups of professionals regarding Delaware laws affecting LLCs and other business entities.  Mr. Ladig graduated with distinction from Emory University School of Law and has been a member of the Delaware Bar since 1996.  
 

 

Fee application fails in the absence of bad faith showing

Microsoft Corporation v. WebXchange Inc., C. A. No.09-484-JJF, May 31, 2010.

Farnan, J.  Defendant’s motion for attorneys’ fees is denied.

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Unauthorized supplemental expert declaration is permitted

Biovail Laboratories International SRL v. Cary Pharmaceuticals Inc., Civ. No.09-605-JJF-LPS, May 26, 2010.

Stark, M. J.  Defendant’s motion to strike expert’s supplemental declaration is denied.

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