The U.S. District Court for the District of Delaware announced that it has chosen Christopher J. Burke, Esquire as its Magistrate Judge Selectee to fill the vacancy created by the elevation of The Honorable Leonard P. Stark in August of 2010. Mr. Burke is currently serving as an Assistant United States Attorney for the District of Delaware.
Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-cv-022-SLR-MPT, May 24, 2011.
Thynge, M.J. Defendant’s motion to dismiss was converted into a motion for summary judgment and a finding in-part of non-infringement was recommended.
Continue Reading...In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, C.A. No. 09-MD-2118-SLR, May 24, 2011.
Robinson. J. On May 24, 2011, the court entered an injunction order specifying the terms of the TRO enjoining the post-trial generic launch by the parties.
Continue Reading...In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, C.A. No. 09-MD-2118-SLR, May 24, 2011.
Robinson. J. The generic launcher moved the court to reconsider the court’s earlier grant of a temporary restraining order enjoining its post-trial “at risk” generic launch. The court denied the motion for reconsideration.
Continue Reading...Abbott Laboratories, et al. v. Lupin Limited, et al., C.A. No. 09-152-LPS (D. Del. May 19, 2011)
Stark. J. The court granted defendants’ motion for leave to file surreply brief in opposition to plaintiffs’ motion to exclude expert evidence and plaintiffs’ motion for summary judgment of no invalidity for double patenting. The court denied plaintiffs’ motion to preclude defenses not disclosed in the defendants’ interrogatory responses and not contained in defendants’ Paragragh IV notice letter, defendants’ motion for summary judgment of invalidity for obviousness-type double patenting; and plaintiffs’ request to supplement its motion to preclude expert evidence.
Continue Reading...In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, C.A. No. 09-MD-2118-SLR
Robinson. J. After the conclusion of trial in an ANDA case, plaintiffs moved for a temporary restraining order to enjoin defendants from manufacturing, using, offering to sell, or selling generic extended release cyclobenzaprine products. The court granted plaintiffs’ TRO Motion, thus enjoining the defendants’ “at risk” launch of the generic product despite defendants’ argument that their launch had triggered the 180-day exclusivity period.
Continue Reading...In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Civ. No. 09-2118-SLR, May 12, 2011.
Robinson, J. After bench trial, the courts issues claim constructions and finds that defendants infringe the asserted claims of the patents-in-suit, that the patents are not invalid for failure to disclose their best mode, and that the patents are invalid as obvious. The court further finds that the patents are not unenforceable due to inequitable conduct.
Continue Reading...President Barack Obama announced today that he has nominated Delaware attorney Richard G. Andrew, 55, to fill the vacancy on the U.S. District Court for the District of Delaware that was created by the retirement of Judge Joseph J. Farnan, Jr. nearly a year ago. Since 2007, Mr. Andrews has served as state prosecutor in the Delaware Department of Justice.
Cephalon, Inc. and CIMA Labs, Inc. v. Sandoz Inc., Civ. No. 10-123-SLR, May 5, 2011. (amends 4/25/11 opinion)
Robinson, J. The Court granted plaintiff’s motion to stay litigation during the Federal Circuit appeal of the validity of the underlying patents.
Continue Reading...Tarkus Imaging, Inc. v. Adobe Systems, Inc., et al., C. A. No. 10-63-LPS, April 21, 2011.
Stark, J. Defendant holding company’s motion to dismiss for failure to state a claim is denied.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, April 21, 2011.
Robinson, J. Plaintiff’s motion for JMOL of no anticipation and no obviousness or for a new trial is denied; and defendant’s motion to amend the judgment is granted to enforce prior stipulation.
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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
