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

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010.

Robinson, J.  Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents.  Plaintiff’s infringement motion is granted in part. Defendant’s motion for summary judgment of invalidity for anticipation and obviousness is granted with respect to one patent and denied as to others.  Defendant’s motion for noninfringement is granted in part and denied in part.  Defendant’s motion for failure to mark is granted with respect to 6 patents and denied as to a seventh patent.  Defendant’s motion for summary judgment of no willful infringement is denied without prejudice to renew.

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Jennifer Brinkmeier v. Bic Corporation et al., Civ. Nos.09-860-SLR and 10-01-SLR, August 25, 2010.

Robinson, J.  Defendants’ motions to dismiss the complaint are granted.

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Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, August 24, 2010.

Robinson, J.  The Court issues a Markman decision on 14 terms for 6 of the 7 patents in suit.

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Allergan Inc. v. Barr Laboratories Inc.,, et al., Civ. No.09-333-SLR-LPS, August 18, 2010.

Stark, J.  After submissions and a discovery teleconference, the court rules on defendants’ motion to compel privileged documents.

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Xpoint Technologies, Inc. v. Microsoft Corporation, et al., Civ. No.09-628-SLR, August 12, 2010.

Robinson, J.  Defendants’ motion to dismiss for failure to state a claim are granted in part and denied in part. The indirect infringement claims are dismissed, but the direct infringement claims survive. The motion to dismiss willfulness claim for lack of detail was denied.

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Alcon, Inc. and Alcon Research, LTD. v. Teva Pharmaceuticals USA, Inc., Civ. No.06-234-SLR, August 5, 2010.

Robinson, J.  Plaintiff’s motion to amend judgment to enter permanent injunction is denied.

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Girafa.com, Inc. v. Smartdevil Inc., Civ. No.07-787-SLR, August 4, 2010.

Robinson, J.  Defendant’s motion to set aside the entry of default in appearance is granted, and plaintiff’s motion for entry of default judgment is denied conditionally.

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CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems, Inc., Civil Action No.07-170-JJF, July 30, 2010.

Farnan, J.  Defendant's JMOL of no direct infringement on all claims is denied; defendant's JMOL of no indirect infringement of the ‘776 patent is granted; defendant's JMOL of no infringement under a theory of component liability is granted; defendant's JMOL of no infringement under the doctrine of equivalents is denied as moot; plaintiff's JMOL that the ‘054 patent is infringed and that it is not invalid is denied in part and granted in part.  Plaintiff's motion is denied with regard to indirect infringement, and granted with regard to invalidity. Plaintiff's JMOLs that the ‘758, ‘776 and the ‘641 patents are infringed and that they are not invalid are denied.

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Yesterday Magistrate Judge Leonard Stark was confirmed by the Senate to fill the vacancy in the Delaware District Court left three and a half years ago when Judge Jordan was elevated to the Third Circuit. The White House has not yet nominated the successor to fill the vacancy due to Judge Farnan's retirement from the bench.

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The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737b-JJF, July 30, 2010.

Farnan, J.  Defendants’ motion for summary judgment of invalidity is denied; plaintiff’s motion for summary judgment that patent claims are not invalid for lack of written description, and for partial summary judgment based on defendants’ written description defense are denied.

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The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737a-JJF, July 30, 2010.

Farnan, J.  Defendants’ motions for JMOL on invalidity, no entitlement to lost profits, non-infringement, and for a new trial are denied.

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The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737-JJF, July 30, 2010.

Farnan, J.  The court finds standing to sue after a bench trial on standing

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Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. Nos.09-72-SLR, 09-232-SLR, July 26, 2010.

Robinson, J.  Plaintiff's motion to amend its pleadings is denied in part and denied in part as moot; defendant’s motion to dismiss Teles for lack of subject matter jurisdiction is denied as moot; SSBG is substituted for plaintiff pursuant to Rule 25(c); plaintiff’s motion for partial summary judgment of infringement is denied; defendant’s motion for summary judgment of noninfringement is granted; trial on the validity of the '453 and '902 patents is stayed pending final judgment by the Federal Circuit on the pending reexaminations; defendant’s motion for summary judgment of invalidity of the '453 and '902 patents is denied without prejudice to renew should the stay be lifted; defendant’s motion for summary judgment of invalidity of the '431 patent is granted; SSBG's motion for partial summary judgment of no inequitable conduct is denied; and both parties' motions to exclude expert testimony are denied as moot.

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18 Morris James attorneys in 13 practice areas were recently selected by their peers for inclusion in The Best Lawyers in America® 2011.  New to the list are Mark D. Olson and Bruce W. Tigani from the firm’s Tax, Estates and Business practice.  The firm’s Real Estate Practice Group Chair, Richard Beck, has been named in this highly regarded publication since its inception in 1983. 

The Best Lawyers in America® 2011 has become universally regarded as the definitive guide to legal excellence.   Their rigorous research is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas.  The Morris James attorneys listed in the 2011 edition and the areas of law in which they are recognized include:

COMMERCIAL LITIGATION
• P. Clarkson Collins, Jr. (2005)
• Lewis H. Lazarus (2006)
• Edward M. McNally (2005)
• James W. Semple (2009)

CORPORATE LAW
• P. Clarkson Collins, Jr. (2005)
• Lewis H. Lazarus (2006)
• Edward M. McNally (2005)

ELDER LAW
• Mary M. Culley (2008)

EDUCATION LAW
• David H. Williams (2007)

FAMILY LAW
• Gretchen S. Knight (2007)

INFORMATION TECHNOLOGY LAW
• Richard K. Herrmann (2003)

INSURANCE LAW
• Mary B. Matterer (2009)

LABOR AND EMPLOYMENT LAW
• David H. Williams (2007)

PERSONAL INJURY LITIGATION
• Keith E. Donovan (2009)
• Dennis D. Ferri (2007)
• Richard Galperin (2005)
• Francis J. Jones, Jr. (2008)

REAL ESTATE LAW
• Richard P. Beck (1983)
• John Bloxom IV (2010)

TAX LAW
• Daniel P. McCollom (2007)
• Mark D. Olson (2011) *
• Bruce W. Tigani (2011) *

TECHNOLOGY LAW
• Richard K. Herrmann (2003)

TRUSTS AND ESTATES
• Mary M. Culley (2008)

* Indicates First Year on List
 

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Morris James LLP is pleased to announce that five of its partners have been recognized among the top Delaware litigation attorneys in Benchmark Litigation 2011 - The Guide to America's Leading Litigation Firms and Attorneys.

Morris James’ Litigation Stars

Rich Galperin 
Clark Collins
Richard Herrmann
Lewis Lazarus
Edward McNally

Benchmark Litigation focuses exclusively on litigation lawyers and firms in the United States.  Recommendations are based on extensive face-to-face and telephone interviews with the nation’s leading private practice lawyers and in-house counsel.

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QVC, Inc. and Qhealth, Inc. v. Your Vitamins, Inc. d/b/a Procaps Laboratories, et al., Civ. No.10-094-SLR, July 27, 2010.

Robinson, J.  Plaintiffs' motion for a TRO, preliminary injunction and for expedited discovery is denied. Plaintiffs' motion to supplement their TRO/preliminary injunction motion to incorporate arguments relating to their amended complaint is also denied.

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Sigram Schindler Beteiligungsgesellschaft mbH v. Cisco Systems, Inc., Civ. No.09-72-SLR, July 26, 2010.

Robinson, J.  The Court issues claims construction following Markman Hearing.

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Roche Diagnostics Operations, Inc., et al. v. Abbott Diabetes Carey, et al., Civil Action No.07-753-JJF, July 27, 2010.

Farnan, J.  Plaintiff’s motion for JMOL on Defendant’s fourth, fifth, sixth and seventh counterclaims is moot.  Defendant’s motion For JMOL on Defendant’s breach of contract and unfair competition counterclaims and Defendant’s motion for a new trial.

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