Court precludes expert testimony, denies judgment on the pleadings

ICU Medical, Inc. v. Rymed Technologies, Inc., Civ. No. 07-468-LPS, November 23, 2010.

Stark, J.  Plaintiff’s motion for judgment on the pleadings or partial summary judgment is denied. Plaintiff’s motion to preclude expert testimony is granted. Defendant’s motion to exclude section 282 notice and references is denied. 8 in limine motions are additionally decided.

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Stay pending reexam granted, to be revisited in seven months

Vehicle IP, LLC v. Wal-Mart Stores, Inc., et al., Civ. No. 10-503-SLR, November 22, 2010 (Memorandum Order).

Robinson, J.  Defendants’ motions to stay pending reexamination are granted.

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Infringement found on summary judgment; invalidity left for trial

Kenexa Brassring Inc. v. Taleo Corporation, et al., Civ. No. 07-521-SLR, November 18, 2010.

Robinson, J.  Defendant’s motion for summary judgment of patent invalidity is denied. Plaintiff’s motion for partial summary judgment of infringement is granted in part. Vurv products infringe all asserted claims, Taleo products infringe all but two claims of one patent-in suit, and all but one claim of the a second patent-in-suit.

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Morris James LLP is Named a "Go-To Law Firm" for the Nation's Fortune 500 Companies

Recognizing the firm's strength in intellectual property litigation, Corporate Counsel magazine has named Morris James a “Go-To Law Firm for the Top 500 Companies.”  Go-To Law Firms are chosen from an American Lawyer Media national survey of general counsel from the top Fortune 500 companies and through research in various key databases.  The firm’s recognition will be published in the 8th Annual Edition of In-House Law Departments at the Top 500 Companies.

The Morris James Intellectual Property Litigation Group provides out-of-state firms and their clients help in navigating the Delaware court system. The Group combines its on-the-ground, technical and trial experience to address the complex intellectual property protection issues moving global markets today. They represent clients in complex disputes involving patents, trade secrets, trademarks, copyrights, unfair competition, and antitrust issues and have successfully litigated cases in all areas of technology in the Delaware District Court, the Delaware Court of Chancery and Superior Court, and federal courts throughout the country, including the Court of Appeals for the Federal Circuit.
 

Kenneth L. Dorsney Joins Morris James As Counsel In Its Intellectual Property Practice

Morris James LLP is pleased to announce Kenneth L. Dorsney has joined the firm as Counsel in its intellectual property litigation practice as of November 17, 2010.  Mr. Dorsney, a registered patent attorney, represents corporate clients in a wide variety of complex commercial matters, including patent, trademark, trade secret, and copyright cases.  He has represented patent litigants from the pre-suit investigation through discovery, mediation, trial, and the post-trial phases of the case.

“Ken Dorsney’s arrival at Morris James will expand and provide depth to the firm’s intellectual property practice,” says managing partner, David H. Williams, “his experience in complex commercial matters is impressive and we are glad to have him on our team.”

Mr. Dorsney has a B.A. and B.M.E. from the University of Delaware and a J.D. from the University of Pittsburgh School Of Law. He clerked for The Honorable Mary Pat Thynge, U.S. Magistrate Judge for the District of Delaware. After his clerkship with Judge Thynge, Mr. Dorsney clerked for The Honorable Kent A. Jordan, U.S. District Judge for the District of Delaware (in December 2006, Judge Jordan was elevated to the U.S. Court of Appeals for the Third Circuit).

Mr. Dorsney is admitted to practice in Delaware, the District of Columbia, and before the U.S. Patent and Trademark O­ffice.
 

Morris James to Host ABA-IPL Patent Law Roundtable on November 30, 2010

On November 30, 2010, Morris James LLP, in conjunction with the Intellectual Property Litigation Committee of the ABA Section of Litigation (“ABA-IPL”), will host a patent law roundtable in the Firm’s Wilmington office, 500 Delaware Ave. Ste. 1500, Wilmington, Delaware, entitled “Implications of Recent Court Decisions on the Application of the ‘Entire Market Value Rule’ to Patent Damages Analysis”.

Gregory J. Urbanchuk, MSc., AVA, CFE, a Principal with Asterion, Inc., will add to the roundtable discussion by providing his perspective as an IP damages expert. 

Please join us on November 30th at 12:00 p.m. to 1:30 p.m. for a friendly debate and discussion focusing on the effects that these notable cases will have on the future of patent damages law.   Materials are provided by the ABA-IPL and lunch will be provided.  An application will be made for 1.0 hour of DE CLE credit. 

Please register for the November ABA-IPL Wilmington, Delaware roundtable by November 29th by emailing Ken Dorsney at kdorsney@morrisjames.com or by calling (302) 888-6855.

Morris James to Host the Meeting of the IP Section of the Delaware State Bar Association on November 30, 2010

Morris James LLP will host a meeting of the IP Section of the Delaware State Bar Association in its offices on Tuesday, November 30, 2010, from 1:30 p.m. to 2:00 p.m. to discuss the status of current projects and plans for the year.  Kenneth L. Dorsney, counsel at Morris James, is currently serving as Chair of the Intellectual Property Section of the Delaware State Bar Association.

30(b)(6) deposition of party re foreign subsidiary knowledge is ordered

Ethypharm S.A. France v. Abbott Laboratories, Civil Action No.08-126-SLR-MPT, November 15, 2010.

Thynge, M. J.  Plaintiff’s motion to proceed on discovery matters under the Federal Rules rather than the Hague Convention is granted in part and denied in part.

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The court issues an 82-page opinion on ten summary judgment motions

S.O.I. Tec Silicon On Insulator Technologies, S.A. and Commisseriat à L’Énergie Atomique v. MEMC Electronic Materials, Inc., Civ. No.08-292-SLR, October 13, 2010.

Robinson, J.  The court rules on 10 summary judgment motions and expert issues.

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Amended complaint is held sufficiently plead

Eidos Communications, LLC, et al. v. Skype Technologies SA, et al., Civ. No. 08-234-SLR, November 9, 2010.

Robinson, J.  Defendants’ motion to dismiss or for a more definite statement is denied.

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Critical dates for prior art in OTDP defense are governed by § 102

Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., C. A. No.08-335-GMS-SLR, November 5, 2010. (Consolidated)

Sleet, C.J.  Plaintiff’s motion in limine regarding the critical date[s] for determining prior art for the purpose of defendant’s obvious type double patenting defense is denied. Defendant’s motion in limine on the same topic is granted.

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Record reopened after ruling of obviousness

Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No.07-779-SLR, November 3, 2010.

Robinson, J.  Plaintiff’s motion for a new trial or reconsideration of judgment is dismissed without prejudice to renew and the record is opened for further evidence of a basic principle of science.

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Plaintiff prevails after post-trial briefing but no injunction issues

Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542-SLR, November 3, 2010.

Robinson, J.  The court grants in part and denies in part six post trial motions.

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Letters of request exclude patent prosecution not at issue in lawsuit

Ethypharm S.A. France v. Abbott Laboratories, Civil Action No.08-126-SLR-MPT, November 2, 2010.

Thynge, M. J.  Plaintiff’s motion to issue letters of request for depositions of at least six French current or former employees of defendant is granted in part and denied in part.

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Four Morris James Attorneys Selected By Their Peers As "Top Lawyers" In Delaware Today Magazine

Morris James is pleased to congratulate the lawyers listed below who were the most recommended by their professional peers, as determined by a Delaware Today survey of Delaware attorneys.

Gretchen S. Knight
Divorce
Family Law

Mary M. Culley
Elder Law

Keith E. Donovan
Personal Injury
(Dover Office)

Jill S. Di Sciullo
Family Law


To view the entire list of "Top Lawyers", please click here.

Morris James LLP Receives "Award of Excellence" From The Marvin S. Gilman Superstars in Business Awards Sponsored by the DSCC

We are very pleased to receive this honor from the Delaware State Chamber of Commerce," said David H. Williams, Managing Partner of Morris James LLP, "Our firm is deeply rooted in Delaware and we are committed to providing our community with top-tier legal services.”

The Marvin S. Gilman Superstars in Business Award, named for one of Delaware’s leading small business entrepreneurs, honors businesses and non-profit corporations for their outstanding achievements and model approaches to business and management. The awards are presented to companies that have been in business for at least three years, are small businesses based on number of employees, and are members of the Delaware State Chamber of Commerce. Awards of Excellence are also granted to deserving companies.

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