Sunovion Pharmaceuticals Inc. v. Dey Pharma., L.P., et al., Civil Action No.06-113-LPS, January 27, 2012.
Stark, J. Motion for reconsideration granted in part and denied in part.
Continue Reading...Personalized User Model LLP v. Google Inc., Civ. No.09-525-LPS, January 25, 2012.
Stark, J. Court rules after Markman hearing and post-hearing letter briefing. The 52-page opinion was unsealed January 26, 2012.
Continue Reading...Intellectual Ventures I LLC, et al. v. Altera Corporation, et al., C. A. No.10-1065-LPS, January 23, 2012.
Stark, J. Defendants’ motion to transfer is denied. Defendants’ motion to dismiss or consolidate is denied as to dismissal and granted as to consolidation.
Continue Reading...LadaTech, LLC v. Illumina, Inc. and Solexa, Inc., Civ. No.09-627a-SLR, January 24, 2012.
Robinson, J. Defendants’ motion for summary judgment of invalidity and expiration is denied. Plaintiff’s motion for summary judgment of no anticipation by certain references is granted. Defendants’ motion for summary judgment of noninfringement is granted in part and denied in part.
Continue Reading...LadaTech, LLC v. Illumina, Inc. and Solexa, Inc., Civ. No.09-627-SLR, January 24, 2012.
Robinson, J. Court resolves claim construction of 11 disputed terms. See also related memorandum opinion of the same date regarding dispositive motions.
Continue Reading...Xpertuniverse, Inc. v. Cisco Systems, Inc., Civil Action No.09-157-RGA, January 20, 2012.
Andrews. J. Defendant’s motion to dismiss certain claims in plaintiff’s fourth amended complaint or, in the alternative, to strike is denied.
Continue Reading...Sunovion Pharmaceuticals Inc. v. Dey Pharma., L.P., et al., Civil Action No.06-113-LPS, January 18, 2012.
Stark. J. Court rules that the host document incorporates by reference the practical utility of compounds described in a second patent; thus material will be considered together as a single reference for purposes of anticipation.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., et al., C. A. No.09-80-LPS-MPT, January 17, 2012.
Stark. J. Objection to claim construction report and recommendation is denied in part and granted in part.
Continue Reading...McKesson Automation, Inc. v. Swisslog Italia S.P.A. and Translogic Corporation, Civ. No.06-028-SLR, January 12, 2012.
Robinson. J. Renewed motion for JMOL and motion for new trial or to alter or amend judgment are denied.
Continue Reading...Grape Technology Group, Inc. and KGB, Inc. v. Jingle Networks, Inc., Civ. A. No. 08-408-GMS, January 9, 2012.
Sleet, C. J. Plaintiff’s motion for a new trial is denied. Defendant’s motion for JMOL of invalidity is denied. Defendant’s motion for attorneys’ fees is denied.
Continue Reading...Wacoh Company v. Kionix Inc., et al., Civil Action No. 10-617-RGA, January 9, 2012.
Andrews, J. Motion to sever granted; motions to transfer granted.
Continue Reading...Laboratory Skin Care, Inc. v. Limited Brands, Inc., et al., Civil Action No. 06-601-LPS, January 3, 2012.
Stark, J. Form of final judgment will be entered by a separate document and bill of costs stricken without prejudice.
Continue Reading...Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-022-MPT, December 22, 2011.
Thynge, M. J. Motion to sever, dismiss, bifurcate, or transfer counterclaims is denied.
Continue Reading...
Helicos Biosciences Corporation v. Pacific Biosciences of California, et al., Civ. No. 10-735a-SLR, December 22, 2011.
Robinson, J. Motion to sever or stay is denied.
Continue Reading...Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No. 07-779-SLR, December 20, 2011.
Robinson, J. The court issues findings of fact and conclusions of law.
Continue Reading...Apeldyn Corporation v. AU Optronics Corporation, et al., Civ. No. 08-568-SLR, December 19, 2011.
Robinson, J. Plaintiff’s motion for reargument of summary judgment decision of noninfringement is denied; Defendant AUO’s motion for reargument of claim construction is granted, and motion for reargument of summary judgment opinion is granted.
Continue Reading...Intermec Technologies v. Palm, Inc., Civ. No. 07-272-SLR, December 19, 2011.
Robinson, J. Motion for reconsideration is denied.
Continue Reading...WebXChange Inc. v. Fedex Corporation, et al., Civil Action No. 08-133-RGA, December 15, 2011, and WebXChange Inc. v. Dell Inc., et al., Civil Action No. 08-132-RGA, December 15, 2011.
Andrews, J. Plaintiff ordered to obtain counsel by a specific date and to escrow with the Clerk money to pay defendants’ respective attorneys’ fees and expenses until counsel obtained. Failure to obtain counsel will result in dismissal.
Continue Reading...Softview LLC v. Apple Inc. and AT&T Mobility LLC, C. A. No. 10-389-LPS, December 7, 2011.
Stark, J. Motion for reconsideration of grant of motion for leave to amend complaint is denied.
Continue Reading...Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568b-SLR, November 15, 2011.
Robinson, J. Defendant’s summary judgment of invalidity is denied. Defendant’s summary judgment with respect to inducement is granted, the motion is denied in all other respects. Another defendant’s motions for summary judgment of no inducement and noninfringement are granted.
Continue Reading...Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568a-SLR, November 15, 2011.
Robinson, J. Claim construction issued.
Continue Reading...Apeldyn Corporation v. Au Optronics Corporation, et al., Civ. No. 08-568-SLR, November 15, 2011.
Robinson, J. Daubert motion is denied.
Continue Reading...Mission Abstract Data L.L.C., d/b/a Digimedia v. Beasley Broadcast Group, Inc., et al., Civ. No. 11-176-LPS, November 14, 2011.
Stark, J. Motion to stay is granted.
Continue Reading...Advanced Micro Devices, Inc., et al. v. S3 Graphics Co., LTD., et al., Civil Action No. 11-965-LPS, October 25, 2011 (redacted) Public Version Released Novemer 8, 2011.
Stark, J. Motion for TRO and preliminary injunction denied.
Continue Reading...Sri International Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, October 31, 2011.
Robinson, J. In limine and Daubert motions are decided with mixed results before damages trial.
Continue Reading...Ateliers de la Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.) Bröetje-Automation GmbH (German Corp.) Civil Action No. 09-598a-LPS, October 13, 2011.
Stark, J. Motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...Ateliers de la Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.) Broetje-Automation GMBH (German Corp.) (unsealed), Civil Action No. 09-CV-598-LPS, October 4, 2011.
Stark, J. Summary judgment of invalidity for failure to disclose the best mode of practicing the invention is granted. Motion to strike best mode defense as untimely is denied.
Continue Reading...SRI International Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, October 4, 2011.
Robinson, J. Motion to amend answer and counterclaim is denied.
Continue Reading...Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515a-SLR, September 26, 2011.
Robinson, J. Motion to exclude expert testimony will be addressed at the pretrial conference.
Continue Reading...Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515-SLR, September 26, 2011.
Robinson, J. Plaintiff’s motion for summary judgment of infringement was granted as to certain claims. Defendant’s non-infringement motion was granted in part and denied in part. Defendant’s motion for summary judgment of invalidity was denied. Its motion for leave to file supplemental briefing in support of summary judgment was denied.
Continue Reading...Flash Seats, LLC v. Paciolan, Inc., Civ. No. 07-575-LPS, September 28, 2011.
Stark, J. Plaintiff’s motion to reconsider is denied; plaintiff’s leave motion is granted; defendant’s motion for summary judgment is granted with respect to (i) the non-infringing use of defendant’s accused system, and (ii) the invalidity of 5 claims as indefinite.
Continue Reading...Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civ. Action No. 11-465-LPS-CJB, September 26, 2011.
Burke, M. J. Motion for leave to take expedited discovery granted in part.
Continue Reading...Ateliers De La Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.), Broetje Automation GMBH (German Corp.), Civ. No. 09-598-LPS, September 16, 2011.
Stark, J. Motions for summary judgment on infringement, no willful infringement, as to the statute of limitations, and on the issues of trade dress, unfair competition, and intentional interference with prospective economic advantage are denied. The parties’ respective Daubert motions also were are denied.
Continue Reading...LG Electronics U.S.A., Inc., et al. v. Whirlpool Corporation, et al., (D.I. 12 D.I. 55) C. A. No. 10-311-GMS, September 29, 2011.
Sleet, C. J. Defendant’s motion to dismiss with respect to invalidity of one patent is denied; Plaintiff’s motions to dismiss are granted.
Continue Reading...Softview LLC v. Apple Inc., and AT&T Mobility LLC, Civil Action No. 10-389-LPS, September 30, 2011.
Stark, J. Plaintiff’s motion to amend the complaint to assert claims against additional infringers is granted. Plaintiff’s motion to dismiss inequitable conduct defenses is granted.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Apple Inc., et al., C. A. No. 10-00982-LPS, September 30, 2011.
Stark, J. Defendant Research in Motion’s motion to dismiss or for a more definite statement is denied.
Continue Reading...Intermac Technologies Corp. v. Palm Inc., Civ. No. 07-272-SLR, September 15, 2011.
Robinson, J. Palm’s motion for summary judgment of no invalidity and infringement is granted-in-part with respect to no invalidity, and otherwise denied. Intermec’s motion for summary judgment of non-infringement and invalidity is granted-in-part with respect to no infringement of certain claims, and otherwise denied.
Continue Reading...Allergan, Inc. v. Barr Laboratories, Inc., et al., Civ. No. 09-333-SLR, September 8, 2011.
Robinson, J. Findings of fact and conclusions of law.
Continue Reading...nCUBE Corporation (now Arris Group, Inc.) v. Seachange International, Inc. (redacted), C. A. No. 01-011-LPS, September 2, 2011.
Stark, J. After a hearing on whether this dispute is amenable to a contempt proceeding, the court reserves judgment on plaintiff’s motion for contempt to hold defendant in contempt of permanent injunction order and schedules a contempt hearing.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al., Civ. No. 06-557a-SLR, September 13, 2011.
Robinson, J. Cross motions in limine to exclude certain characterizations of the patent-in suit made in satellite patent prosecutions are granted. The court resolves other pretrial issues and denies Plaintiff’s motions for reargument
Continue Reading...LG Electronics U.S.A., Inc., et al. v. Whirlpool Corporation, et al., C. A. No. 10-311-GMS, September 12, 2011.
Sleet, C. J. Motion for leave to file amended complaint is granted.
Continue Reading...Linear Technology Corporation v. Monolithic Power Systems, Inc., C. A. No. 06-476-GMS, September 9, 2011.
Sleet, C. J. Findings of fact and conclusions of law.
Continue Reading...Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath And Body Works, LLC, Civil Action No. 06-601-LPS, September 8, 2011.
Stark, J. Plaintiff’s renewed motion for judgment as a matter of law or for new trial is denied.
Continue Reading...Nuance Communications, Inc. v. Vlingo, Corp., Civ. No. 09-585-LPS, September 7, 2011.
Stark, J. Claim construction issued.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al., Civ. No. 06-557-SLR, September 8, 2011.
Robinson, J. Motion to strike is denied. Daubert motion is granted in part and denied in part.
Continue Reading...Seventeen Morris James attorneys are listed as being among the most elite lawyers in their practices in The Best Lawyers in America® 2012.
The Best Lawyers in America® has become universally regarded as the definitive guide to legal excellence. Their rigorous research is based on an exhaustive peer-review where leading attorneys cast votes on the legal abilities of other lawyers in their practice areas.
The Morris James attorneys listed in the 18th edition of the guide and the areas of law in which they are recognized include:
Richard P. Beck
Litigation – Real Estate (1983)
Real Estate Law (1983)
John M. Bloxom IV
Real Estate Law (2010)
P. Clarkson Collins, Jr.
Corporate Law (2005)
Litigation – Mergers and Acquisitions (2005)
Mary M. Culley
Elder Law (2008)
Keith E. Donovan
Personal Injury Litigation (2009)
Dennis D. Ferri
Medical Malpractice Law (2007)
Personal Injury Litigation – Defendants (2007)
Richard Galperin
Personal Injury Litigation – Defendants (2005)
Richard K. Herrmann
Information Technology Law (2003)
Technology Law (2003)
Francis J. Jones, Jr.
Personal Injury Litigation – Defendants (2008)
Personal Injury Litigation – Plaintiffs (2008)
Gretchen S. Knight
Family Law (2007)
Lewis H. Lazarus
Commercial Litigation (2006)
Corporate Law (2006)
Litigation – Mergers and Acquisitions (2006)
Mary B. Matterer
Litigation – Intellectual Property (2009)
Edward M. McNally
Corporate Law (2005)
Litigation – Mergers and Acquisitions (2005)
Mark D. Olson
Tax Law (2011)
James W. Semple
Commercial Litigation (2009)
Bruce W. Tigani
Tax Law (2011)
David H. Williams
Education Law (2007)
Employment Law – Management (2007)
Labor Law – Management (2007)
Litigation – Labor and Employment (2007)
(Year indicates first year listed in practice area)
Alza Corporation, et al. v. Kremers Urban LLC, et al., C. A. No. 10-23-LPS, August 29, 2011.
Stark, J. Claim construction issued.
Continue Reading...The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals Inc., Civ. No. 09-184-LPS, August 26, 2011.
Stark, J. Plaintiff proved infringement of one of the patents-in-suit by defendant’s generic version of Oracea®. The other four patents-at-issue were found not infringed, and two were found invalid.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al., Civ. No. 06-557-SLR, August 26, 2011.
Robinson, J. Renewed motion for summary judgment of invalidity pursuant to 35 U.S.C. § 102(g) is denied, and related motion to leave to file is denied as moot. Motion for summary judgment of no willful infringement is granted. Motion for leave to file motion for summary judgment of invalidity pursuant to 35 U.S.C. § 102(e) is denied.
Continue Reading...Arcelormittal France, et al. v. AK Steel Corporation, et al., Civ. No. 10-050-SLR, August 25, 2011.
Robinson, J. Plaintiff’s motion for JMOL new trial is denied. Defendant’s motion for JMOL of noninfringement is denied as moot.
Continue Reading...Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, August 23, 2011.
Robinson, J. Motion for summary judgment regarding alleged anticompetitive conduct and motion for summary judgment regarding allegations of sham litigation are granted.
Continue Reading...Silicon Economics, Inc. v. Financial Accounting Foundation, et al., Civil Action 11-163-Baylson, J., August 17, 2011.
Baylson, J. (designated) Motion to dismiss granted in part and denied in part. Plaintiff is given leave to file an amended complaint.
Continue Reading...Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No. 08-63-SLR, August 12, 2011.
Robinson, J. Plaintiff’s motion for JMOL or for a new trial on validity is granted in part and denied in part and its motion for permanent injunction is denied. Defendants’ renewed motion for JMOL or for new trial on invalidity is also granted in part and denied in part. The parties’ remaining JMOL motions are denied as moot.
Continue Reading...CNH America LLC, et al. v. Kinze Manufacturing, Inc., C. A. No. 08-945-GMS, August 11, 2011.
Sleet, C. J. Renewed motions for JMOL, new trial, and attorney fees are denied.
Continue Reading...BAE Systems Information and Electronic Systems Integration Inc. v. Aeroflex Incorporated et al., Civ. No. 09-769-LPS, August 2, 2011 (unsealed August 9, 2011).
Stark, J. Plaintiff’s motion to strike affidavits filed in support of summary judgment is denied. Defendant’s motion for summary judgment of non-infringement is granted.
Continue Reading...Asahi Glass Co., LTD., et al. v. Guardian Industries Corp., Civ. No. 09-515-SLR, August 8, 2011.
Robinson, J. Guardian’s motion to amend its affirmative defenses to allege inequitable conduct is denied.
Continue Reading...Somaxon Pharmaceuticals, Inc., et al. v. Par Pharmaceutical, Inc., et al., Civ. No. 11-107-SLR, July 28, 2011.
Robinson, J. Defendants’ motion to dismiss or, in the alternative, for a more definite statement is granted. Counterclaim Counts III through XIV dismissed for lack of subject matter jurisdiction.
Continue Reading...Xerox Corporation v. Google Inc. and Yahoo! Inc., C. A. No. 10-136-LPS, August 1, 2011.
Stark, J. Defendants’ motion to compel documents withheld as privileged under the common interest doctrine is denied. Court construes patent terms.
Continue Reading...Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., et al., Civ. No. 08-335-GMS, July 28, 2011.
Sleet, C. J. Post-trial findings of fact and conclusions of law.
Continue Reading...NETGEAR, Inc. v. Ruckus Wireless, Inc., Civ. No. 10-999-SLR, July 28, 2011.
Robinson, J. Motion to transfer is denied.
Continue Reading...Human Genome Sciences, Inc. v. Genentech, Inc., et al., C. A. No. 11-082, 11-156, 11-328-LPS, July 18, 2011.
Stark, J. Motion to transfer is granted, and remaining motions denied without prejudice to renew following transfer.
Continue Reading...S.O.I.TEC Silicon on Insulator Technologies, S.A. and Commissariat à L’Énergie Atomique v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, July 13, 2011.
Robinson, J. Post-trial motions are either denied or moot.
Continue Reading...Eon Corp. IP Holdings LLC v. Flo TV Inc., et al., Civ. No. 10-812-SLR, July 12, 2011.
Robinson, J. Motion to dismiss for failure to state a claim is granted in part and denied in part.
Continue Reading...Rochester Drug Co-Operative, Inc., et al.. v. Braintree Laboratories., Civ. No. 07-142-SLR, July 7, 2011.
Robinson, J. Motion for preliminary injunction is granted.
Continue Reading...Stored Value Solutions, Inc. (“n/k/a”) Ceridian Stored Value Solutions, Inc. v. Card Activiation Technologies, Inc., et al., C. A. No. 09-495-KAJ (designated), July 1, 2011.
Jordan, J. (designated) Declaratory plaintiff’s motion on invalidity due to anticipation and obviousness is granted in part and its motion for partial summary judgment of invalidity due to lack of written description is granted. Declaratory defendant’s motions for summary judgment of validity and motion to exclude expert testimony are denied.
Continue Reading...LG Electronics U.S.A., et al. v. Whirlpool Corporation, et al., C. A. No. 08-234-GMS, July 1, 2011.
Sleet, C. J. Post-trial motions granted in part and denied in part.
Continue Reading...Intellectual Ventures I LLC (redacted) v. Checkpoint Software Technologies LTD, et al., Civ. No. 10-1067-LPS, June 22, 2011.
Stark, J. Motion to disqualify defense counsel is granted.
Continue Reading...Internet Media Corporation v. Hearst Newspapers, LLC, Civ. No. 10-690-SLR, June 28, 2011.
Robinson, J. Motion to dismiss for failure to state a claim is denied.
Continue Reading...AstraZeneca LP, et al. v. Mylan Pharmaceuticals Inc., C. A. No. 08-453-GMS, June 23, 2011.
Sleet, C. J. Post-trial findings of fact and law of non-infringement of proposed ANDA product
Continue Reading...Intellectual Ventures I LLC v. Checkpoint Software Technologies LTD., et al., Civ. No. 10-1067-LPS, June 22, 2011.
Stark, J. Motion to transfer is denied.
Continue Reading...Gian Biologics, LLC v. Biomet Inc. and Biomet Biologics, LLC, Civil Action No. 10-865-LPS, June 21, 2011.
Stark, J. Stay was entered pending completion of discovery on personal jurisdiction and venue issues.
Continue Reading...Brinkmeier v. Bic Corporation et al., Civ. No. 09-860-SLR; Brinkmeier v. Bayer Healthcare LLC, Civ. No. 10-01-SLR, June 15, 2011.
Robinson, J. Plaintiff’s motion to reconsider dismissal of false marking claims is denied.
Continue Reading...Medicis Pharmaceutical Corporation v. Nycomed US Inc., C. A. No. 10-1099-SLR, June 16, 2011.
Robinson, J. Motion to transfer ANDA litigation to New York is granted.
Continue Reading...Marvel International LTD. v. Link_A_Media Devices Corp., Civ. No. 10-869-SLR, June 8, 2011.
Robinson, J. Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding the fact that defendant is a regional enterprise with a principal place of business in California.
Continue Reading...Everglades Interactive, LLC v. Playdom, Inc., et al., Civ. No. 10-902-SLR, June 8, 2011.
Robinson, J. The defendants’ motion to transfer to the U.S. District Court for the Northern District of California is denied even though some of the defendants involved in the litigation are foreign corporations.
Continue Reading...XPRT Ventures, LLC v. eBay Inc., Paypal, Inc., et al., Civ. No. 10-595-SLR, June 8, 2011.
Robinson, J. Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding forum selection clause in confidentiality agreement.
Continue Reading...Energy Transportation Group, Inc. v. Sonic Innovations, Inc., et al., C.A. No. 05-422-GMS, June 7, 2011.
Sleet, C. J. Defendants’ motion for judgment as a matter of law of noninfringement and invalidity and for a new trial granted in part and denied in part. The jury’s finding of infringement under the doctrine of equivalents was reversed as to two claims of one of the patents-in-suit due to prosecution history estoppel. The jury’s finding of validity and infringement as to the other patent-in-suit was preserved. The defendants’ request for a new trial on the issues of infringement and invalidity was denied. Plaintiff’s motion for pre-judgment and post-judgment interest was granted. All other post-trial motions were denied.
Continue Reading...St. Clair Intellectual Property Consultants Inc. v. Matsushita Electronic Industrial Co., LTD., et al., C. A. No. 04-1436-LPS, June 1, 2011 and St. Clair Intellectual Property Consultants Inc. v. Palm Inc., et al., C.A. No. 06-404-LPS, June 1, 2011.
Stark, J. The parties requested withdrawal of a motion for recusal because the Federal Circuit’s claim construction substantially altered the posture of the cases over which Judge Stark presided during his tenure as magistrate. The request was accepted, and the motion for recusal denied with prejudice.
Continue Reading...Accenture Global Services, GmbH and Accenture, LLP v. Guidewire Software, Inc., Civ. No. 07-826-SLR, May 31, 2011.
Robinson, J. Patents are held invalid as directed to abstract ideas; motion for clarification, reargument, and/or certification is granted as to clarification and denied in all other respects; and motion to strike portions of reply brief is denied as moot.
Continue Reading...Nokia Corporation v. Apple Inc., C. A. No. 09-791-GMS, June 1, 2011.
Sleet, C.J. Plaintiff’s motion to stay defendant’s patent claims pending reexamination before the USPTO is denied; defendant’s motion to dismiss plaintiff’s requests for declaratory judgment that it met its FRAND licensing obligations is not barred by the doctrine of judicial estoppel; and denied defendant’s motion to strike plaintiff’s defense alleging anticompetitive conduct.
Continue Reading...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...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.
Continue Reading...B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No. 09-347-LPS, April 21, 2011.
Stark, J. The Court denied both parties’ JMOL motions and motions for a new trial and entered judgment consistent with the jury verdict. Permanent injunction proposed by defendants entered, effective immediately.
Continue Reading...Oracle Corporation and Oracle America, Inc. v. Parallel Networks, LLC., Civ. No. 06-414-SLR, April 29, 2011.
Robinson, J. Plaintiff’s motion for summary judgment of non-infringement is denied. Defendant’s motion for partial summary judgment of literal infringement is denied.
Continue Reading...CIMA Labs Inc., et al. v. Mylan Pharmaceuticals, Inc., C. A. No. 10-625-LPS, April 18, 2011.
Stark. J. Defendant’s motion to stay the lawsuit pending resolution of two reexamination proceedings is GRANTED.
Continue Reading...Boston Scientific Corporation, et al. v. Cordis Corporation, Civ. No. 10-315-SLR, April 13, 2011.
Robinson. J. Defendant’s motion to stay trial on damages and willfulness pending reexamination is denied; motion to submit supplemental brief in support of motion to stay is denied as moot; plaintiff’s motion for summary judgment of infringement is granted; defendant’s motion for partial summary judgment on the date of the hypothetical negotiation is denied; summary judgment is granted sua sponte in favor of plaintiff with respect to the date of hypothetical negotiation; defendant’s motion to exclude expert from relying on outcome of prior case in reasonable royalty analysis is denied; plaintiff’s motion to preclude damages testimony based on incorrect hypothetical negotiation dates is granted.
Continue Reading...Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No. 10-308-LPS/MPT, April 5, 2011.
Thynge, M. J. Magistrate recommends motion to amend the complaint be treated as a motion to supplement and be granted.
Continue Reading...
BigBand Networks, Inc. v. Imagine Communications, Inc., Civ. No. 07-351-LPS, March 24, 2011.
Stark, J. The court construes seven terms as used in four patents.
Continue Reading...Mylan Pharmaceuticals Inc. v. Galderma Laboratories, Inc., et al., Civ. No. 10-892-LPS, March 24, 2011.
Stark, J. The court construes disputed terms in ANDA dispute involving generic version of Oracea.
Continue Reading...Cephalon, Inc. and Cima Labs, Inc. v. Watson Pharmaceuticals, Inc., et al., Civ. No. 09-724-SLR, Civ. No. 08-330SLR March 24, 2011.
Robinson, J. Judgment in favor of plaintiffs is entered on No. 09-724. Defendants’ motion to strike expert testimony is denied in part and denied in part as moot. Plaintiffs’ motion to strike defendants’ notice of subsequent authority is denied as moot. Defendants’ motion to vacate the 10/28/10 order staying launch of generic drug is denied. The court construes three disputed terms. Judgment in favor of defendants is entered in No. 08-330 in a separate opinion.
Continue Reading...Medtronic, Inc. v. Boston Scientific Corporation, et al., Civ. No. 07-823-SLR, March 30, 2011.
Robinson, J. The court makes post-trial findings of fact and conclusions of law and directs entry of judgment in favor of plaintiff as to noninfringement and in favor of defendants as to validity and enforceability.
Continue Reading...Medicis Pharmaceutical v. Nycomed U.S. Inc. and Nycomed GMBH, Civ. No. 10-419-SLR, March 31, 2011.
Robinson, J. Defendant’s motion to transfer is granted; alternative motion to stay is denied as moot.
Continue Reading...Minkus Electronic Display Systems Inc. v. Adaptive Micro Systems LLC, et al., Civ. No. 10-666-SLR, March 16, 2011.
Robinson, J. Defendants’ motions to dismiss for failure to state a claim are granted.
Continue Reading...Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862-LPS, March 14, 2011.
Stark, J. Defendant’s motions for summary judgment of non-infringement and invalidity based on anticipation and on the on-sale bar are denied.
Continue Reading...Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862a-LPS, March 14, 2011. (D.I. 628, D.I. 629)
Stark, J. Defendant’s renewed motion for JMOL of no direct infringement is denied and its additional motions for JMOL and for a new trial are denied. Plaintiff’s motion for JMOL or a new trial is denied.
Continue Reading...Wyeth, LLC v. Intervet, Inc., d/b/a Intervet/Schering-Plough Animal Health, C.A. No. 09-161-LPS, March 22, 2011.
Stark, J. The court issues a claim construction ruling.
Continue Reading...Cephalon, Inc. and Cima Labs, Inc. v. Watson Pharmaceuticals, et al., Civ. No. 08-330-SLR, March 11, 2011.
Robinson, J. Court issues post trial opinion finding against plaintiffs on infringement and in favor of defendants finding that the asserted claims of the patents-in-suit are invalid for lack of enablement.
Continue Reading...Keurig, Incorporated v. Strum Foods, Inc., Civ. No. 10-841-SLR, March 10, 2011.
Robinson, J. Plaintiff's motion for a preliminary injunction is denied. Defendant's motion to dismiss for failure to state a claim is denied.
Continue Reading...Pfizer Inc., et al. v. Dr. Reddy’s Laboratories Ltd., et al., Civ. No. 09-943-LPS, February 28, 2011.
Stark, J. The Court issues claim construction ruling.
Continue Reading...Southco, Inc. v. Penn Engineering & Manufacturing Corp., et al., C. A. No. 10-03-LPS, March 7, 2011.
Stark, J. Plaintiff’s Motion to Strike and Dismiss is denied. Defendant’s Motion to Strike and Motion to Dismiss Plaintiff’s Counterclaims is denied as well as their Motion to Strike Plaintiff’s Reply Brief. Plaintiff is granted leave to file a Surreply.
Continue Reading...Automated Transactions LLC v. IYG Holding Company, et al., Civ. No. 06-043-SLR, March 9, 2011.
Robinson, J. Defendants’ motion for summary judgment of noninfringement is granted and its motion for summary judgment of invalidity is granted in part and denied in part. Plaintiffs’ motion for summary judgment of validity is granted in part and denied in part and their motion for summary judgment of infringement is denied.
Continue Reading...Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, March 9, 2011.
Robinson, J. Defendant’s claim of unenforceability of the '974 patent on the basis of inequitable conduct is denied.
Continue Reading...Roche Diagnostics Operations, Inc., et al. v. Abbott Diabetes Care, et al., Civil Action No. 07-753-LPS, March 3, 2011.
Stark, J. Defendant’s motion to declare the case exceptional is denied with leave to renew. Plaintiffs' motion to defer ruling on defendant's motion for an award of fees and expenses until resolution of the pending appeal is granted.
Continue Reading...Ateliers de la Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., Civil Action No. 09-598-LPS, February 23, 2011.
Stark, J. The court issues claim construction rulings.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No. 09-80-LPS-MPT, February 18, 2011.
Thynge, M. J. The court issued a report and recommendation regarding claim construction rulings.
Continue Reading...Magnetar Technologies Corp., et al. v. Six Flags Theme Parks Inc., et al., Civil Action No. 07-127-LPS, February 18, 2011.
Stark, J. Motion to amend answer to assert an antitrust counterclaim is denied.
Continue Reading...Magsil Corp., et al. v. Seagate Technology, et al., Civil Action No. 08-940-HB, February 16, 2011.
Bartle C. J. (by designation) Defendants’ motion for summary judgment on invalidity for lack of enablement is granted.
Continue Reading...LG Display Co., Ltd. v. AU Optronics Corporation, et al., Civil Action No. 06-726-JJF-LPS, February 14, 2011.
Stark J. Motion of third party Anvik for reconsideration of its Memorandum Opinion and Order granting Anvik’s motion to intervene, but denying Anvik’s request to modify the protective order to allow access to certain sealed materials is denied.
Continue Reading...Edwards Lifesciences AG, et al. v. Corevalue, Inc. and Medtronic Corevalue, LLC, C. A. No. 08-91-GMS, February 7, 2011.
Stark, C. J. Defendants’ Motions for Judgment as a Matter of Law, Motion for a New Trial or Alternatively to Amend Judgment, Motion for Attorney Fees, Motion for Enhanced Damages, Motion to Strike, Motion to Supplement Court Record and Motion to Stay Judgment Pending Post Trial Motions are denied. Plaintiffs’ Motion for Prejudgment and Post judgment Interest is granted. Plaintiffs’ Motion for Permanent Injunction, Accounting and Related Relief is granted in part and denied in part.
Continue Reading...Apple Inc. and NeXT Software, Inc. f/k/a NeXT Computer, Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-166-167-GMS, January 14, 2011.
Sleet, C. J. Defendant’s motion to transfer venues to the Northern District of California is denied.
Continue Reading...Tyco Healthcare Group, LP v. C.R. Bard, Inc., and Davol, Inc., Civ. No. 09-264-SLR, January 20, 2011.
Robinson, J. Plaintiff’s motion to bifurcate false marking claims is granted in part and denied in part; plaintiff’s motion to strike portions of expert report is denied; defendants’ motion to amend disputed claim chart is denied as moot; plaintiff’s motion for summary judgment for obviousness-type double patenting is granted; defendants’ motion for summary judgment regarding mismarking is granted – intent and damages to be tried to the court following jury trial; defendants’ motion for summary judgment as to invalidity due to inadequate written description is denied as moot; defendants’ motion for summary judgment of non-infringement is granted in part and denied in part; plaintiff’s motion for leave to serve supplemental expert report is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No. 04-1371-LPS, January 18, 2011.
Stark, J. Defendant’s post-trial motion to amend findings of fact is denied; plaintiff’s motion to declare case exceptional and award attorneys’ fees and treble damages is granted in part and denied in part.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, January 13, 2011.
Robinson, J. Plaintiff’s motion to vacate the dismissal of the breach of contract claim and reinstate earlier opinion is granted.
Continue Reading...Apple Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-544-GMS, January 18, 2011.
Sleet, C. J. Defendants’ motion to transfer is denied.
Continue Reading...Autocell Laboratories, Inc. v. Cisco Systems Inc., Civ. No. 08-760-SLR, January 5, 2011.
Robinson, J. Defendant’s motion for summary judgment of noninfringement is granted. Plaintiff’s motion for summary judgment of infringement is denied. Defendant’s motions for summary judgment of invalidity are denied.
Continue Reading...Brigham and Women’s Hospital Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No. 08-464-HB, January 7, 2011.
Bartle, J. (by designation) Court finds patents-in-suit are valid and enjoins defendants from manufacturing and selling their generic cinacalcet hydrochloride tablets prior to the expiration of the patents.
Continue Reading...Jennifer L. Brinkmeier and Tecnimed SRL v. Exergen Corporation, Civ. No. 10-176-SLR, January 3, 2011.
Robinson, J. Defendant’s motion to transfer is granted.
Continue Reading...Biovail Laboratories International SRL v. Intelgenx Corp., Civ. No. 09-605-LPS, December 27, 2010.
Stark, J. Court construes two disputed terms.
Continue Reading...Enhanced Security Research LLC, et al. v. Juniper Networks Inc., C. A. No. 10-605-LPS, December 27, 2010 (Mem. Order).
Stark, J. Defendant’s motion to stay litigation pending reexamination proceedings is granted.
Continue Reading...LG Display Co., Ltd. v. Au Optronics Corporation, et al., Civil Action No. 06-726-LPS, December 29, 2010.
Stark, J. Third party Anvik’s motion for limited intervention to obtain copies of evidence is granted in part and denied in part.
Continue Reading...Acceleron, LLC v. Hewlett-Packard Co. and Intel Corp., Civ. No. 10-128-SLR, December 16, 2010.
Robinson, J. Plaintiff’s motion to complete Rule 56(f) discovery is denied. Its motion to compel documents and testimony is also denied as moot.
Continue Reading...Arcelormittal France, et al. v. Ak Steel Corporation, et al., Civ. No. 10-050-SLR, December 16, 2010.
Robinson, J. The court issues claim constructions.
Continue Reading...David John Carnivale v. Staub Design, LLC, John Staub, and David Staub, Civ. No. 08-764-SLR, December 13, 2010.
Robinson, J. Court rules on bad faith after bench trial.
Continue Reading...Cooper Notification, Inc. v. Twitter, Inc., et al., Civ. No. 09-865-LPS, December 13, 2010.
Stark, J. Defendants’ motion to stay pending reexamination is denied.
Continue Reading...Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath And Body Works, LLC, Civil Action No. 06-601-LPS, December 6, 2010.
Stark, J. Plaintiff’s motion to preclude is granted. Plaintiff’s motion to file a surreply is denied. Defendants’ motion for summary judgment under § 102(b) is denied. Remaining portions of defendants’ invalidity motion are denied. Defendants’ motion to bifurcate liability from damages and willfulness is granted.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No.10-308-LPS-MPT, October 13, 2010.
Thynge, M. J. The Magistrate recommends that defendant’s motion to transfer be denied.
Continue Reading...Masimo Corporation v. Phillips Electronics North America Corp., et al., Civil Action No.09-80-LPS-MPT, October 6, 2010.
Thynge, M. J. Defendant’s motion to bifurcate and stay damages is denied.
Continue Reading...Aventis Pharma S.A., et al. v. Hospira, Inc., C. A. No.07-721-GMS, September 27, 2010.
Sleet, C. J. The court makes post-trial findings of fact and conclusions of law as follows: (A) claims 2 and 10 of the '561 patent are invalid due to indefiniteness; (B) all asserted claims of the patents-in-suit are invalid due to obviousness; (C) the asserted claims are unenforceable due to inequitable conduct; (D) the asserted claims are not invalid due to double patenting; (E) the defendants' proposed products infringe asserted claims 2, 5, and 10 of the '561 patent and claim 33 of the '512 patent; and (F) each of the parties Rule 52(c) motions are granted in part and denied in part.
Continue Reading...Belden Technologies, Inc., v. LS Corp., et al., Civ. No.08-823-SLR, September 30, 2010.
Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is granted and the case is transferred to United States District Court for the District of New Jersey.
Continue Reading...Ricoh Company Ltd., et al., v. Oki Data Corporation, et al., Civ. No.09-694-SLR, September 30, 2010.
Robinson, J. Plaintiff’s motion to dismiss defendant’s counterclaims of infringement is denied.
Continue Reading...Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C. A. No.09-495-LPS, September 27, 2010.
Stark, J. Defendant’s motion to strike the rebuttal report of plaintiff’s
invalidity expert is denied.
Intermec Technologies Corp. v. Palm Inc., Civ. No.07-272B-SLR, September 14, 2010.
Robinson, J. Plaintiff’s motion for summary judgment on infringement on the ‘678 patent is denied. Defendant’s motion for summary judgment for non-infringement of the Intermec patents is granted. Plaintiff’s motion for partial summary judgment of validity of the System patents is granted-in-part. Plaintiff’s motion for summary judgment of infringement and validity of the Terminal patents is granted-in part and Defendant’s motion for summary judgment of indefiniteness of certain claims on the ‘678 and 499 patents is granted-in-part.
Continue Reading...Intermec Technologies Corp. v. Palm Inc., Civ. No.07-272-SLR, September 14, 2010.
Robinson, J. The Court issues a decision construing twelve disputed terms following a Markman Hearing.
Continue Reading...Oracle Corporation and Oracle U.S.A., Inc. v. Parallel Networks, LLP, Civ. No.06-414-SLR, September 8, 2010.
Robinson, J. Plaintiff’s motion to stay is denied.
Continue Reading...Xerox Corporation v. Google, Inc., et al., C. A. No.10-136-JJF-MPT, September 8, 2010.
Thynge, M. J. Plaintiff’s proposed language for inclusion in a protective order is adopted; defendant’s proposed reexamination bar provision is declined.
Continue Reading...Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, September 2, 2010.
Robinson, J. Defendant’s oral motion to stay pending reexamination is denied.
Continue Reading...Leader Technologies, Inc. v. Facebook, Inc., C. A. No.08-862-LPS, August 31, 2010.
Stark, J. Plaintiff’s request to strike defendant’s motions for judgment as a matter of law is denied.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...Cordance Corporation v. Amazon Com., Inc., et al., Civil Action No.06-491a-MPT, July 23, 2010.
Thynge, M. J. Plaintiff’s motion for a permanent injunction after trial is denied.
Continue Reading...Cordance Corporation v. Amazon Com., Inc., et al., Civil Action No.06-491-MPT, July 23, 2010.
Thynge, M. J. After trial on inequitable conduct and patent misuse, the court finds in favor of plaintiff.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C. A. No.04-1371-JJF, July 22, 2010.
Farnan, J. After trial, the court finds defendant willfully infringed plaintiff’s patents.
Continue Reading...Enhanced Security Research, LLC v. Juniper Networks, Inc., C. A. No.09-871-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to dismiss for lack of standing is granted.
Continue Reading...Bigband Networks, Inc. v. Imagine Communications, Inc., Civil Action No.07-351-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to amend its answer and counterclaims is granted. Plaintiff’s motion to dismiss the amended inequitable conduct counterclaims is denied.
Continue Reading...Bigband Networks, Inc. v. Imagine Communications, Inc., Civil Action No.07-351-JJF, July 20, 2010.
Farnan, J. Plaintiff’s motion to compel source code and further responses to written discovery is granted.
Continue Reading...Tristrata Technology, Inc. v. Medical Skin Therapy Reserch, Inc., et al., Civil Action No.06-644-JJF, July 20, 2010.
Farnan, J. Plaintiff’s motion to compel Defendant’s responses to document requests is denied as moot. Plaintiff’s motion for a default judgment is granted.
Continue Reading...Symbol Technologies LLC v. Janam Technologies, Inc., Civil Action No.08-340-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to preclude evidence of Plaintiff’s profits is denied. Plaintiff’s motion for a preliminary injunction is denied.
Continue Reading...Vianix LLC v. Nuance Communications, Inc., C. A. No.09-348-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to dismiss is denied.
Continue Reading...Andrew Paul Leonard v. Stemtech Health Sciences, Inc. and John Does 1-100, Civil Action No.08-67-JJF, July 16, 2010.
Farnan, J. Plaintiff’s motion to compel discovery and motion for leave to file an amended complaint are granted. The court declines to award costs of bringing the motion.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, July 15, 2010.
Robinson, J. Defendant’s motion for reconsideration of partial summary judgment of liability is denied.
Continue Reading...Sepracor Inc. v. Dey L.P. and Dey, Inc., Civil Action No.06-113-JJF, July 15, 2010.
Farnan, J. Plaintiff’s motion to file and amended and supplemental complaint and jury demand is granted.
Continue Reading...Boram Pharm. Co., LTD v. Life Technologies Corp., Civil Action No.10-31-HB III, July 14, 2010.
Bartle, J. (sitting by designation) Defendant’s motion to transfer the case to the Southern District of California is granted.
Continue Reading...Le T. Le v. City of Wilmington, et al., Civ. No.08-615-LPS, July 12, 2010.
Stark, M. J. Defendant’s motion to amend the answer to allege with greater particularity Defendant’s fraud claim is granted.
Continue Reading...Deston Therapeutics LLC, et al. v. Trigen Laboratories Inc. and Trisys Inc., Civil No.09-809 (JBS/KW) July 12, 2010.
Simandle, J. (sitting by designation) Defendants’ motion to dismiss is denied.
Continue Reading...Eppendorf AG, et al. v. Nanosphere Inc., Civil Action No.09-054-MMB July 12, 2010.
Baylson, J. (sitting by designation) The Court issues claims construction on eight disputed terms for the patent-in-suit.
Continue Reading...LG Display Co., LTD. v. AU Optronics Corporation, et al., Civil Action No.06-726-JJF and 07-357-JJF July 8, 2010.
Farnan, J. The Court awards damages against plaintiff for infringement together with prejudgment interest. Defendant’s request for attorneys’ fees is denied.
Continue Reading...In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-JJF, June 29, 2010.
Farnan, J. The Court concludes that Apotex may be held liable for infringement as a submitter of an ANDA. Defendants' Motion To Dismiss AstraZeneca Pharmaceuticals LP For Lack of Standing is granted. Judgment will be entered in favor of Plaintiffs and against Defendants on the issues of invalidity and unenforceability of the patent-in-suit.
Continue Reading...The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals Inc., C. A. No. 09-184-GMS-LPS, June 28, 2010.
Stark, J. Defendant’s Motion For Leave To File An Amended Answer and Counterclaims is granted.
Continue Reading...Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc., C.A. No. 07-680-MPT, June 29, 2010.
Thynge, M. J. Plaintiffs' motion for summary judgment of infringement is denied, and defendant's motion for summary judgment of non infringement is granted
Continue Reading...Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862a-LPS, June 24, 2010.
Stark, M. J. Defendant’s Motion For Leave To Amend Its Responsive Pleading To Add A Defense And Counterclaim Of Inequitable Conduct And To Amend Its False Marking Counterclaim is granted in part and denied in part.
Continue Reading...
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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...Microsoft Corporation v. WebXchange Inc., C. A. No.09-484-JJF, May 31, 2010.
Farnan, J. Defendant’s motion for attorneys’ fees is denied.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...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.
Continue Reading...IGT v. Bally Gaming International, Inc., et al., Civ. No.06-282-SLR, April 28, 2010.
Robinson, J. Plaintiff’s renewed motion to dismiss antitrust counterclaims is granted without prejudice.
Continue Reading...Stored Value Solutions, Inc. v. Card Activation Technologies, Inc., C. A. No.09-495-JJF-LPS, April 28, 2010.
Stark, M. J. The court construes nine claims of one patent, four of which are independent claims.
Continue Reading...Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc., Civil Action No.09-286-SLR-MPT, April 27, 2010.
Thynge, M. J. Defendant’s motion for issuance of Letters of Request is granted. Plaintiff’s motion to file a surreply is granted.
Continue Reading...Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542-SLR, April 12, 2010.
Robinson, J. Defendant’s motion for reconsideration of the court’s decision regarding the entitlement to equivalents is denied.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 23, 2010.
Thynge, M. J. Defendants’ motion to compel discovery is denied.
Continue Reading...Arendi Holding Ltd. v. Microsoft Corporation, et al., Civ. No.09-119-LPS, March 22, 2010.
Stark, M. J. Magistrate recommends that defendants’ motion for summary judgment be granted.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.
Thynge, M. J. Defendant’s motion to amend its counterclaims to add a newly obtained patent is granted.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., Civil Action No.09-80-MPT, April 19, 2010.
Thynge, M. J. Defendant’s motion for reconsideration of its order bifurcating antitrust claims and staying related discovery is denied. The order is amended to bifurcate patent misuse claims and stay related discovery. The court declines to grant a motion to certify a question of law.
Continue Reading...
Nuance Communications Inc., et al. v. Tellme Networks Inc., Civ. No.06-105-SLR, April 20, 2010.
Robinson, J. Defendant’s motions for summary judgment of noninfringement is granted with respect to direct and contributory infringement and denied as to inducement of infringement. Its invalidity motion based on anticipation is granted as to claims 1, 2, and 4 is granted and denied as to other claims. Its invalidity motion based on obviousness of claims 3 and 5 is granted.
Continue Reading...Santarus Inc., et al. v. Par Pharmaceutical, Inc., C. A. No.07-551-GMS, April 14, 2010.
Sleet, C. J. The court enters judgment in favor of defendant after a bench trial on the issue of invalidity due to obviousness. The court further rules that the patents-in-suit are not unenforceable due to inequitable conduct, and that an award of attorneys fees is not warranted. It also finds the claims of the ‘772 patent are invalid for lack of written description, and other claims are not entitled to the filing date of earlier applications because do not meet the written description requirement.
Continue Reading...In Re: Metoprolol Succinate Direct Purchaser Antitrust Litigation, Civil Action No.06-52-GMS, April 13, 2010.
Sleet, C. J. Defendant’s motion to dismiss claims of antitrust violations and state law claims is denied.
Continue Reading...
Eurand, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al., Civ. No.08-889-SLR-MPT, April 13, 2010.
Thynge, M. J. The Court grants defendant’s request for limited discovery only.
Continue Reading...Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542a-SLR, April 12, 2010(amended opinion).
Robinson, J. Plaintiffs’ motion for summary judgment of infringement of the '974 patent with respect to claims 1 and 8 is granted but denied as to claim 2; Plaintiff’s motion for summary judgment of noninfringement of defendant’s '380 patent is granted. Plaintiffs’ motion for summary judgment of no inequitable conduct and no invalidity with respect to the '905 and '434 patents is granted but is denied with respect to the '974 patent. Plaintiffs’ motion to strike certain expert testimony is denied as moot. Defendant’s motion for summary judgment of noninfringement of the '512 patent is granted but denied as to three other patents. Defendant’s invalidity motion is denied.
Continue Reading...Robert Bosch, LLC. v. Pylon Manufacturing Corp., Civ. No.08-542a-SLR, March 30, 2010.
Robinson, J. The Court construes 29 disputed terms.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.
Robinson, J. The Court finds both parties’ advertising to violate the Lanham Act and the DTPA.
Continue Reading...Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., Civ. No.06-505-SLR, April 6, 2010.
Robinson, J. Plaintiff’s claims against defendant for false advertising under the Lanham Act are denied.
Continue Reading...Cordis Corporation v. Boston Scientific Corporations, et al., Civ. No.98-197-SLR, March 31, 2010.
Robinson, J. Defendants' motion to withdraw or amend the enforceability judgment is denied.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.
Robinson, J. Plaintiff's motion for a preliminary injunction is denied.
Continue Reading...Brigham and Women’s Hospital, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No.08-464-SLR, March 31, 2010.
Bartle, C.J. Defendants’ motion for an order finding that plaintiffs have waived the attorney-client privilege is granted.
Continue Reading...David John Carnivale v. Staub Design, LLC, John Staub, David Staub, Civ. No.08-764-SLR, March 31, 2010.
Robinson, J. The court grants-in-part and denies-in-part plaintiff's motion for summary judgment and denies defendants' cross motion for summary judgment.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., Ltd., et al., Civil Action No.04-1436-JJF-LPS, March 28, 2010.
Stark, M. J. Defendants’ motion to stay expert discovery and trial until resolution of cross-appeals in related litigation is denied. Defendants’ motion to certify the claim construction order for interlocutory appeal is granted.
Continue Reading...LG Electronics, Inc. v. Asko Appliances, Inc., et al., Civil Action No.08-828-JAP, March 29, 2010.
Pisano, J. Plaintiff’s motion to dismiss counts IV to IX of Daewoo’s counterclaims pursuant to Rule 12(b)(6) is denied.
Continue Reading...Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to stay due to financial hardship is denied.
Continue Reading...Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to amend its answer is granted; plaintiff’s motion for judgment on the pleadings alleging inequitable conduct is denied.
Continue Reading...Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to take depositions of foreign inventors in the U.S. is granted in part and denied in part. Defendant’s motion to compel plaintiff to produce two NIOX devices is granted in part but limited to one.
Continue Reading...Robert Bosch LLC v. Pylon Manufacturing Corp., C. A. No.08-542-MPT, March 19, 2010.
Thynge, M. J. Plaintiff’s motion for reargument is denied
Continue Reading...Cordance Corporation v. Amazon.Com, Inc., Civil Action No.06-491-MPT, March 19, 2010.
Thynge, M. J. The Order to bifurcate remains in place and the Court adopts plaintiff’s proposed scheduling order on remaining issues.
Continue Reading...Apeldyn Corporation v. Samsung Electronics Co.,Ltd., et al., Civ. No.08-568-SLR, March 12, 2010.
Robinson, J. Samsung’s motion to disqualify Plaintiff’s counsel so long as Samsung remains in the case is denied. The court further orders that Samsung shall be dismissed from the case on or before June 25, 2010 unless plaintiff’s counsel advises otherwise.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, March 15, 2010.
Robinson, J. The court finds Lanham Act and DTPA violations after a bench trial and enters judgment in favor of plaintiff and also judgment in favor of defendant on its counterclaims. The parties are directed to submit a proposed order for injunctive relief.
Continue Reading...Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010.
Thynge, M. J. Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent issues.
Continue Reading...
Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.
Robinson, J. The court construes 22 terms from the two patents-in-suit.
Continue Reading...Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No.07-826-SLR, March 5, 2010.
Robinson, J. Defendant’s motions for summary judgment of invalidity based on indefiniteness, on-sale bar, anticipation or obviousness are denied. Defendant’s motion that the trade secret misappropriation claim is barred by the statute of limitations is denied. Defendant’s motion for summary judgment of non-infringement is denied without prejudice to renew. Plaintiff’s motion to strike defendant’s on-sale bar arguments and related documents not identified in invalidity contentions is denied.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No.06-091-SLR, March 3, 2010.
Robinson, J. Defendant’s renewed motion for summary judgment on anticipation is denied. Defendant’s Daubert motion is denied. Plaintiff’s motions in limine are granted, and defendants’ motions in limine are denied in part and granted in part. The court denies the motion to disqualify the damages expert Brian Napper. He is qualified and need only show with a reasonable probability that sales for which lost profits are sought would have been made.
Continue Reading...UCB, Inc., et al. v. KV Pharmaceutical Company, Civil Action No.08-223-JJF, March 9, 2010.
Farnan, J. Plaintiffs’ three in limine motions and defendant’s three in limine motions are all denied.
Continue Reading...Leader Technologies, Inc. v. Facebook, Inc., Civil Action No.08-862-JJF, March 9, 2010.
Farnan, J. The court construes eight terms in patent entitled “Dynamic Association of Electronically Stored Information With Iterative Workflow Changes.”
Continue Reading...LG Display Co., LTD. v. Au Optronics Corporation, et al., Civil Action No.06-726-JJF, March 2, 2010.
Farnan, J. The Court considers certain evidentiary objections following a bench trial and overrules all but one of the parties’ objections.
Continue Reading...Magsil Corp., et al. v. Seagate Technology, et al., Civil Action No.08-940-HB, March 1, 2010.
Bartle, C.J. The Court issues a claims construction for seven disputed terms following a Markman Hearing.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No.08-290a-SLR, February 24, 2010.
Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Incl., Civ. No.08-290-SLR, February 24, 2010.
Robinson, J. The Court issues a claims construction for two disputed terms following a Markman Hearing.
Continue Reading...Eidos Communications, et al. v. Skype Technologies SA, et al., Civ. No.09-234-SLR, February 24, 2010.
Robinson J. Defendant’s motion to dismiss for failure to state a claim or, in the alternative, for a more definite statement is granted in part.
Continue Reading...Cordance Corporation v. Amazon.com Inc. and Amazon Web Services, LLC, Civil Action No.06-491-MPT, February 22, 2010.
Thynge, M. J. Plaintiff’s Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial is granted in part, denied in part, and dismissed as moot in part.
Continue Reading...B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No.09-347-JJF-LPS, February 25, 2010 (ORDER).
Stark, M. J. Plaintiff’s objections to Defendant’s request to share Plaintiff’s confidential information with its patent law expert are overruled.
Continue Reading...Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., C.A. No.09-598-JJF, February 16, 2010.
Farnan, J. Defendants’ motion to dismiss pursuant to 12(b)(6) and 9 (b) is denied.
Continue Reading...Jennifer L. Brinkmeier v. Graco Children’s Products Inc., C.A. No.09-262-JJF, February 16, 2010.
Farnan, J. Defendant's Motion To Dismiss is granted in part and denied in part. Plaintiff’s Motion For Leave To File Amended Complaint is granted.
Continue Reading...Webxchange Inc. v. Dell Inc., C.A. No.08-132-JJF, February 16, 2010.
Farnan, J. Defendants’ motion to compel withheld documents is granted in part and denied in part.
Continue Reading...LG Display Co. Ltd. v. AU Optronics Corporation, et al., C.A. Nos.06-726-JJF, 07-357-JJF, February 16, 2010.
Farnan, J. Following Phase I of a bifurcated bench trial, the court finds that LGD literally infringes the asserted claim in the patents-in-suit and that the patents have not been proven to be invalid.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD., et al., Civil Action No.04-1436-LPS, February 4, 2010.
Stark, M. J. Defendants' Motion for Reconsideration of December 28, 2009 Order Staying Briefing on Defendants' Motion to Stay and Motion to Certify is denied.
Continue Reading...Inline Connection Corporation, et al. v. Earthlink, Inc., C. A. No.02-272-MPT; C.A. No. 02-477-MPT, February 5, 2010.
Thynge, M. J. Plaintiff’s motion for judgment as a matter of law as to invalidity is granted but is denied as to noninfringement. Plaintiff’s motion for a new trial is also denied.
Continue Reading...
Cancer Research Technology, et al. v. Barr Laboratories, Inc., et al., Civ. No.07-457-SLR, January 26, 2010.
Robinson, J. After trial, the court makes findings of fact and conclusions of law. It finds in favor of the defendants on the defenses of prosecution laches and/or inequitable conduct.
Continue Reading...Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No.03-27-SLR, January 28, 2010.
Robinson, J. The court rules on several pretrial evidentiary issues.
Continue Reading...Webxchange Inc. v. Fedex Corporation, et al., C.A. No.08-133b-JJF, January 20, 2010.
Farnan, J. Defendants’ motion to strike Plaintiff’s Third supplemental Response to Defendants’ Interrogatory No. 1 and for a protective order and motion for leave to file a surreply in opposition to Plaintiff’s motion to compel deposition testimony is denied. Plaintiff’s motion to compel deposition testimony is granted in part and denied in part.
Continue Reading...Webxchange Inc. v. Fedex Corporation, et al., C.A. No.08-133a-JJF, January 20, 2010.
Farnan, J. Defendant’s motion for leave to amend its answer is granted.
Continue Reading...Webxchange Inc. v. Dell Inc., C.A. No.08-132-JJF, January 20, 2010.
Farnan, J. Defendant’s motion for leave to amend its answer is granted.
Continue Reading...Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No.07-333-SLR; Civ. No. 07-348-SLR; Civ. No. 07-409-SLR; Civ. No. 07-765-SLR, January 20, 2010.
Robinson, J. Plaintiff’s motion for summary judgment of invalidity under §112 is granted. Plaintiff’s motion for summary judgment of noninfringement and invalidity under § 103 are denied. Defendant’s motion for summary judgment of infringement is also denied.
Continue Reading...Pfizer Inc., et al. v. Sandoz Inc., Civil Action No.09-742-JJF, January 20, 2010.
Farnan, J. Defendant’s motion to transfer is denied. The Court reserves decision on Plaintiff’s motion to enjoin defendant from proceeding with its later filed suit in the District of Columbia.
Continue Reading...Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No.07-333-SLR; Civ. No. 07-348-SLR; Civ. No. 07-409-SLR; Civ. No. 07-765-SLR, January 20, 2010.
Robinson, J. The Court provides construction for 26 claims following Markman Hearing.
Continue Reading...Flash Seats, LLC v. Pacuolan, Inc., Civil Action No. 07-575-JJF, January 19, 2010.
Farnan, J. The Court construes disputed terms following a Markman Hearing.
Continue Reading...Crown Packaging Technology, Inc., et al. v. Rexam Beverage Can Co., Civil Action No. 05-608-MPT, January 15, 2010.
Thynge, M.J. Motion for partial summary judgment dismissing defendant’s laches counterclaim is granted
Continue Reading...Innovative Patents, L.L.C. and Forcefield, L.L.C. v. Brain-Pad, Inc., C.A. No. 07-680-MPT, January 13, 2010.
Thynge, M.J. Claim construction issues.
Continue Reading...Robert Bosch LLC v. Pylon Manufacturing Corp., C.A. No. 08-542-SLR/MPT, December 23, 2009.
Thynge, M.J. Plaintiff’s motion to compel is denied. Defendant’s oral motion to compel raised at the hearing is also denied. Defendant’s motion for leave to file a reply in response to plaintiff’s latest submission is granted.
Continue Reading...Webexchange Inc. v. Fedex Corporation, et al., C.A. No. 08-133-JJF, December 30, 2009.
Farnan, J. Defendants’ motion to bifurcate and for early trial on inequitable conduct is denied. Plaintiff’s motion for leave to file surreply is granted.
Continue Reading...Webexchange Inc. v. Dell Inc., C.A. No. 08-132-JJF, December 30, 2009.
Farnan, J. Defendants’ motion to bifurcate and for early trial on inequitable conduct is denied. Plaintiff’s motion for leave to file surreply is granted.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, December 18, 2009.
Stark, M.J. Magistrate recommends granting in part and denying in part Defendants’ motion to strike defenses and counterclaims of inequitable conduct and patent misuse.
Continue Reading...Qinetiq Limited v. Oclaro, Inc., Civil Action No. 09-372-JAP, December 18, 2009.
Pisano, J. Defendant’s motion to transfer the litigation to the Northern District of California is granted.
Continue Reading...IGT v. Bally Gaming International, Inc., et al., Civ. No. 06-282-SLR, December 22, 2009.
Robinson, J. Plaintiff’s motion for a permanent injunction is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309a-JJF-LPS, December 18, 2009.
Stark, M.J. This is a report and recommendation of the magistrate regarding claim construction of the disputed terms of the patents-in-suit.
Continue Reading...ICU Medical, Inc. v. Rymed Technologies, Inc., Civil Action No. 07-468-JJF, December 16, 2009.
Farnan, J. Defendant's Motion To Modify Scheduling Order And For Leave To File Second Amended Answer and Counter-Plaintiff's Counterclaims is granted. Plaintiff's Motion For Leave To File Sur-Reply is also granted.
Continue Reading...Eurand, Inc., Cephalon, Inc. and Anesta AG v. Mylan Pharmaceuticals, Inc., et al., C.A. No. 08-889-SLR-MPT; Eurand, Inc., Cephalon, Inc. and Anesta AG v. Impax Laboratories, Inc., C.A. No. 09-18-SLR-MPT, December 9, 2009.
Thynge, M.J. Defendant’s request for lab notebooks and other R&D documents relating to a product other that covered by the patent-in-suit is denied. Defendant’s request for disclosure of secondary considerations evidence is granted.
Continue Reading...ICU Medical, Inc. v. Rymed Technologies, Inc., Civil Action No. 07-468-JJF, December 3, 2009.
Farnan, J. The court issues claim constructions.
Continue Reading...Honeywell International, Inc., et al. v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 4, 2009.
Farnan, J. Defendants’ motion for summary judgment of invalidity is granted.
Continue Reading...Mallinckrodt Inc., et al. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, December 3, 2009.
Farnan, J. Plaintiffs’ motion for leave to file an amended and supplemental complaint is granted; Defendants’ motion to strike is denied as moot.
Continue Reading...Mark IV Industries Corp. v. Transcore, L.P., et al., C.A. No. 09-418-GMS, December 2, 2009.
Sleet, C. J. Defendants’ motion to dismiss for failure to state a claim and for bad faith and breach of a settlement agreement is denied.
Continue Reading...Mallinckrodt Inc. and Liebel-Flarsheim Co. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, November 20, 2009.
Farnan, J. Defendants’ Motion To Dismiss For Failure To State A Claim Under Rule 12(b)(6) is granted as to the indirect infringement claims, but denied as to the direct infringement claim. Plaintiffs will be given leave to amend. Defendants’ Motion to Transfer is denied.
Continue Reading...Teleconference Systems v. Proctor and Gamble Pharmaceuticals, Inc., Civil No. 09-200-JBS/JS, November 25, 2009.
Schneider, M. J. Cisco's request to stay the Cisco action until its California declaratory judgment action is concluded is denied. Furthermore, Cisco and H-P’s requests to stay and sever plaintiff's customer claims and only transfer plaintiff's claims against Cisco and H-P to California are denied. Except as to the individual defendant, Cisco and H-P’s request to transfer the entirety of these actions to California is granted. Plaintiff's claim against the individual defendant will be severed and stayed and will remain in Delaware.
Continue Reading...Stored Value Solutions Inc. v. Card Activation Technologies Inc., C.A. No. 09-495-JJF, November 20, 2009.
Farnan, J. Defendant’s motion to transfer to the Northern District of Illinois is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Fuji Photo Film Co., Ltd., et al., Civ. Act. No. 03-241-JJF, November 19, 2009.
Farnan, J. Plaintiff’s Motion For New Trial On Damages Pursuant To Fed.R.Civ.P. 59, Or In The Alternative, Motion For Prejudgment And Post-Judgment Interest will be denied to the extent a new trial is sought and granted to the extent that prejudgment and post-judgment interest is sought. In addition, Plaintiff’s Motion For A New Trial On Infringement will be denied because the Court has not modified it claim construction. The Final Judgment Order in this case will be amended to reflect the Court's prejudgment and post-judgment interest rulings.
Continue Reading...B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C.A. No. 09-347-JJF-LPS, November 18, 2009.
Stark, M.J. Plaintiff’s request for non-infringement contentions in advance of the deadline in scheduling order is granted. Plaintiff’s request for supplementation of Defendant’s interrogatory responses is denied. Defendant’s request for supplementation of infringement contentions is denied. Its request for discovery relating to conception and reduction to practice is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co., Ltd., et al., Civil Action No. 04-1436-JJF-LPS, November 13, 2009.
Stark, M.J. The Magistrate makes recommendations regarding the construction of 24 disputed terms for the six patents-in-suit.
Continue Reading...Arendi Holding Ltd. v. Microsoft Corporation, et al., Civ. No. 09-119-JJF-LPS, November 4, 2009.
Stark, M. J. The court will enter a new scheduling order to accommodate new discovery needed on provisional damages. Discovery issues are resolved.
Continue Reading...Innovative Patents, LLC, et al. v. Brain-Pad, Inc., C.A. No. 07-680-MPT, November 4, 2009.
Thynge, M. J. Defendant’s motion for fees and costs relating to the deposition of a 30(b)(6) corporate representative is granted in part.
Continue Reading...Teles AG Informationstechnologien v. Quintum Technologies, LLC, C.A. No. 06-197-SLR-LPS, October 30, 2009.
Stark, M. J. The Magistrate orders defendants to produce certain damages information within 20 days of the Order.
Continue Reading...
Microsoft Corporation v. Webxchange Inc., C.A. No. 09-484-JJF, October 30, 2009.
Farnan, J. Defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction is granted.
Continue Reading...Gannett Satellite Information Network, Inc. v. Office Media Network, Inc., et al., C.A. No. 08-96-GMS, October 23, 2009.
Sleet, C. J. Defendant’s motion to dismiss is held in abeyance pending jurisdictional discovery. Defendant’s request to take jurisdictional discovery is granted.
Continue Reading...CNH America LLC and Blue Leaf I.P., Inc. v. Jon E. Kinzenbaw and Kinze Manufacturing, Inc.,
C.A. No. 08-945-GMS, November 9, 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of jurisdiction over the person and improper venue and to transfer venue is granted in part and denied in part.
Continue Reading...LG Electronics U.S.A., Inc., et al., v. Whirlpool Corporation, C.A. No. 08-234-GMS, November 9, 2009.
Sleet, C. J. Court grants motion to dismiss certain counts alleged in Second Amended Complaint for failure to state a claim pursuant to 12(b)(6).
McKesson Automation, Inc. v. Swisslog Holding AG, et al., Civ. No. 06-28-LPS, October 30, 2009.
The Magistrate recommends denial of defendant’s motion to dismiss. Disputed terms are construed following a Markman Hearing. In addition recommendations are made on several competing motions for summary judgment. Finally, the parties’ competing motions to preclude expert testimony are denied.
Continue Reading...Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476-GMS, November 12, 2009.
Sleet, C.J. The Court denies defendant’s post-trial motions that the patents-in-suit are obvious, or alternatively for a new trial.
Continue Reading...Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA, Inc., et al., Civ. No. 06-33-SLR, November 9, 2009.
Robinson, J. The court grant’s plaintiff’s request for clarification with respect to the court Final Judgment Order.
Continue Reading...Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA, Inc., et al., Civ. No. 07-331-SLR, November 9, 2009.
Robinson, J. The court finds after a bench trial that the defendant does not infringe U.S. Patent No. 5,464,632.
Continue Reading...Personalized User Model LLP v. Google, Inc., Civil Action No. 09-525-JJF, October 27, 2009.
Farnan, J. Defendant’s motion to transfer venue to the Northern District of California is denied.
Continue Reading...In re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866-GMS, October 23, 2009.
Sleet, C. J. The Court finds that the defendants' proposed generic products infringe the asserted claims of the patents-in-suit; (B) the patents-in-suit are not invalid; (C) the patents-in-suit are not unenforceable; and (D) an award for attorneys' fees and costs is not warranted in this case. The Court also grants the plaintiff's Rule 52(c) motion, and denies defendant’s Rule 52(c) motion.
Continue Reading...Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, October 19, 2009.
Robinson, J. Plaintiff’s motions to reconsider dismissal of Lanham Act claim and to amend the pleadings to add an inequitable conduct claim are denied.
Continue Reading...Alcon, Inc. And Alcon Research, LTD. v., Teva Pharmaceuticals USA, Inc., Civ. No. 06-234-SLR, October 19, 2009.
Robinson, J. The Court finds in favor of plaintiff and against defendant on infringement and validity following bench trial.
Continue Reading...Ethicon Endo-Surgery, Inc. v. Hologic, Inc., and Suros Surgical Systems, Inc., C.A. No. 09-580-JJF, October 15, 2009.
Farnan, J. Defendants’ motion to transfer venue is denied.
Continue Reading...Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civil Action No. 06-601-JJF, October 14, 2009.
Farnan, J. Defendants’ motion for summary judgment on invalidity is denied. Defendants’ motion for leave to supplement is granted and plaintiffs’ motion to preclude is granted. Further briefing is ordered with regard to defendants’ motion for summary judgment pursuant to §102(b).
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. Act. No. 05-245-JJF, October 6, 2009.
Farnan, J. Motion to vacate or set aside order imposing sanctions is granted and matter is remanded to the Magistrate Judge for further consideration.
Continue Reading...Girafa.com, Inc. v. IAC Search & Media, Inc., et al., Civ. No. 07-787-SLR, September 25, 2009.
Robinson, J. The Court amends earlier Markman decision following further review of the disputed terms.
Continue Reading...Eurand Inc., Cephalon Inc., and Anesta AG v. Mylan Pharmaceuticals Inc., et al., Civ. No. 08-889-SLR, October 1, 2009.
Robinson, J. Plaintiffs’ motion to sever and stay discovery on antitrust and patent misuse claims is granted.
Continue Reading...Infineon Technologies AG, et al. v. Fairchild Semiconductor International, et al., Civ. No. 08-887-SLR-LPS, September 30, 2009.
Stark, M. J. Plaintiffs’ motion to amend their complaint to additional patents is granted. Costs associated with the motion are denied.
Continue Reading...Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.
Stark, M. J. Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.
Continue Reading...Cordis Corporation v. Boston Scientific Corp. and Scimed Life Systems, Inc., Civ. No. 03-027-SLR, September 30, 2009.
Robinson, J. After remand following liability trial, the Court orders separate trials before different juries.
Continue Reading...Apeldyn Corporation v. Samsung Electronics Co., LTD., Civ. No. 08-568-SLR, September 30, 2009.
Robinson, J. Defendants’ motion to disqualify plaintiff’s counsel is granted.
Continue Reading...Sepracor Inc. v. Dey, L.P. and Dey, Inc., Civil Action No. 06-113- JJF, September 24, 2009.
Farnan, J. Defendant’s motion for summary judgment on invalidity is granted in part. Plaintiff’s motion for summary judgment of no anticipation is denied.
Continue Reading...Honeywell International, Inc. v. Hamilton Sunstrand Corp., Civil Action No. 99-309-GMS, September 30, 2009.
Sleet, C. J. Defendant, as the prevailing party, moved for review Clerk’s taxation of costs. The Court affirmed the Clerk’s taxation of costs in all respects except for costs associated with a bond to stay execution of judgment pending appeal. Defendant is entitled to those costs
Continue Reading...Smithkline Corporation v. Barr Pharmaceuticals, Inc., et al., Civ. No. 08-112- SLR, September 23, 2009.
Robinson, J. Plaintiff’s motion to strike defendant’s section 112 written description defenses and portions of expert report addressing those defenses is denied.
Continue Reading...Huntley, L.L.C. v. Monterey Mushrooms Inc., Civil Action No. 08-377-GMS, September 18, 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of standing and lack of subject matter jurisdiction is granted. Defendant’s motion for costs is granted in part and denied in part.
Continue Reading...Eurofins Pharma US Holdings, Inc., et al. v. Bioalliance Pharma SA, et al., C.A. No. 08-613-GMS, September 18, 2009.
Sleet, C. J. Defendants’ motion to dismiss for lack of personal jurisdiction, failure to state a claim, and forum non conveniens is granted.
Continue Reading...Roche Diagnostics Operations, Inc. v. Abbott Diabetes Care, et al., Civil Action No. 07-753-JJF, September 15, 2009.
Farnan, J. Court issues Claim construction opinion, ruling on 17 disputed claims.
Continue Reading...Automotive Technologies Int’l, Inc. v. American Honda Motor Co., et al., C.A. No. 06-187-GMS, September 15, 2009.
Sleet, C. J. Plaintiff’s motion to lift the stay pending reexamination is denied.
Continue Reading...Girafa.com, Inc. v. IAC Search & Media, Inc., et al., Civ. No. 07-787-SLR, September 15, 2009.
Robinson, J. Defendants’ motion for partial summary judgment of invalidity under 35 U.S.C. § 112 is denied. Defendants’ motion for summary judgment of invalidity based on obviousness is denied. A non-infringement motion based upon not supplying browser required by claims similarly fails.
Continue Reading...Girafa.com, Inc. v. IAC Search & Media, Inc., et al., Civ. No. 07-787-SLR, September 15, 2009.
Robinson, J. The court construes 15 terms.
Continue Reading...Fujinon Corporation v. Motorola, Inc., Civ. No. 07-533-GMS-LPS, September 11, 2009.
Stark, M.J. The Magistrate judge issued a report and recommendation regarding claim construction after completion of briefing on March 3, 2009 and a Markman hearing on April 6, 2009.
Continue Reading...Leader Technologies Inc. v. Facebook Inc., Civ. No. 08-862-JJF-LPS, September 4, 2009.
Stark, M.J. Plaintiff’s request to modify the scheduling order is granted in part and denied in part. Defendant’s request to compel a supplemental response to interrogatory is granted in part and denied in part. Plaintiff’s request to continue the stay the court’s prior discovery ruling requiring production of source code is denied notwithstanding pending objections to that order before the trial judge.
Continue Reading...Boston Scientific Corporation, et al. v. Wall Cardiovascular Technologies, LLC, et al., Civ. No. 08-489-SLR, August 24, 2009.
Robinson, J. Defendants’ Motion to Dismiss for lack of personal and subject matter jurisdiction is granted.
Continue Reading...Rembrandt Technologies, L.P. v. Harris Corp., C.A. No. 07C-09-059-JRS, August 14, 2009.
Slights, J. Plaintiff’s Motion for Relief from Judgment is granted.
Continue Reading...Boston Scientific Corporation, et al. v. Johnson & Johnson, Inc., et al., Civ. No. 07-333-SLR, Civ. No. 07-348-SLR, Civ. No. 07-409-SLR, Civ. No.07-765-SLR, August 25, 2009.
Robinson, J. Defendant’s motion to disqualify law firm is denied.
Continue Reading...Capricorn Pharma, Inc. v. Matrixx Initiatives, Inc. and Zicam, LLC, Civil Action No. 08-873-JJF, August 19, 2009.
Farnan, J. Defendants’ Motion to Dismiss Counts V through X of Plaintiff’s First Amended Complaint is granted in part and denied in part.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, August 27, 2009.
Sleet, C.J. On March 9, 2009, the Magistrate issued a report and recommendation regarding certain defendants’ motions to dismiss and, in the event jurisdiction is lacking, plaintiff’s motion to transfer. The Court overruled the objections and adopted the Magistrate’s rulings.
Continue Reading...The Dutch Branch of Streamserve Development AB v. Exstream Software, LLC and Hewlett-Packard Co., Civ. No. 08-343-SLR, August 26, 2009.
Robinson, J. The Court determines that bifurcation of damages and willfulness for both discovery and trial is appropriate over plaintiff’s challenge.
Continue Reading...Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, August 26, 2009.
Robinson, J. Defendant’s motion for bifurcation is granted.
Continue Reading...SRI International, Inc. v. Internet Security Systems, Inc., et al., Civ. No. 04-1199-SLR, August 20, 2009.
Robinson, J. Plaintiff’s motion for post-trial relief is denied. ISS’s motion for JMOL is granted in part and denied in part. Symantec’s motion for JMOL with respect to non-infringement by SGS and Manager Products is granted. Symantec’s motion for a new trial or to amend judgment is denied.
Continue Reading...Laboratory Skin Care, Inc., et al. v. Limited Brands, Inc., et al., Civil Action No. 06-601-JJF, August 17, 2009.
Farnan, J. Plaintiffs’ motion to strike Defendants’ motion for Defendants’ motion for summary judgment of unenforceability is granted.
Continue Reading...Finjan Software, LTD. v. Secure Computing Corporation, C.A. No. 06-369-GMS, August 18, 2009.
Sleet, C. J. All of defendants’ post-trial motions are denied, as well as plaintiff’s renewed motion for invalidity. However, the Court grants plaintiff’s motion for a permanent injunction and grants in part plaintiff’s motion for enhanced damages and its motion to amend the judgment and for an accounting of sales.
Continue Reading...Honeywell International, Inc., et al. v. Nikon Corporation, et al., Civil Action No. 04-1337- JJF, August 12, 2009.
Farnan, J. Plaintiff’s Objection to the Special Master’s Report and Recommendation Regarding Supplemental Claim Construction is overruled. Defendants’ Objection to the same is sustained in part and the Special Master’s recommended construction is modified by the Court.
Continue Reading...UCB, Inc. and Celltech Manufacturing CA, Inc. v. KV Pharmaceutical Company, Civil Action No. 08-223-JJF, August 18, 2009.
Farnan, J. The Court construes six terms in one patent.
Continue Reading...Purdue Pharma Products L.P., et al. v. Par Pharmaceutical, Inc., et al., Civil Action No. 07-255-KAJ, August 14, 2009.
Jordan, J. The Court entered its post-trial rulings in an ANDA case regarding a generic version of Ultram® ER.
Continue Reading...Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 98-197- SLR, August 10, 2009.
Robinson, J. Defendants failed to prove by clear and convincing evidence that the patents-in-suit are unenforceable.
Continue Reading...Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06c-491-MPT, July 27, 2009.
Thynge, M.J. Defendants’ motion for summary judgment is denied as to non-infringement and is granted as to no willful infringement; defendants’ motion for summary judgment regarding lack of written description is denied; plaintiff’s motion to strike materials produced after the close of discovery and inadmissible hearsay is granted in part, denied in part, and moot in part; defendants’ motion for summary judgment of invalidity is denied; and plaintiff’s motion for leave to file sur-reply regarding defendants’ invalidity motion is moot.
Continue Reading...Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, July 28, 2009.
Thynge, M.J. Patent misuse shall be tried and determined by the Court and Plaintiff’s claim for damages of the patent-in-suit begins on the date of correction by the PTO.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electronic Industrial Co., LTD., et al., Civil Action No. 04-1436-JJF-LPS, July 28, 2009.
Farnan, J. Court overrules Nokia’s objections to Magistrate Stark’s Memorandum Opinion granting plaintiff leave to file a second amended complaint.
Continue Reading...Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No. 07-826- SLR, July 29, 2009.
Robinson, J. Court rules that it is without jurisdiction to resolve a work product dispute asserted by plaintiff’s attorney representing nonparty at a deposition taken outside this jurisdiction.
Continue Reading...Dow Chemical Canada Inc. v. HRD Corporation (d/b/a Marcus Oil & Chemical), Civil Action No. 05-023-JJF, July 30, 2009.
Farnan, J. Defendant’s motion for discovery abuse sanctions is denied with the costs of defending the motion awarded to plaintiff.
Continue Reading...Cordis Corporation v. Boston Scientific Corporation, et al., Civ. No. 08-779-SLR, July 21, 2009.
Robinson, J. Plaintiff’s motion for summary judgment is denied.
Continue Reading...Hallamore Corporation v. Capco Steel Corporation, Misc. Action No. 08-211-SLR, June 30, 2009.
Robinson, J. Plaintiff’s motion to compel a non-party to attend a deposition and produce documents pursuant to a subpoena issued in Delaware is denied and the subpoena is deemed invalid.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 16, 2009 (Order).
Stark, M. J. Magistrate Judge issues order outlining claim construction procedures.
Continue Reading...Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, July 9, 2009.
Robinson, J. Defendant’s motion to dismiss plaintiff’s claims for false advertising arising under the Lanham Act is granted.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 9, 2009.
Stark, M. J. Decision on cross motions for summary judgment is deferred pending ruling in earlier action.
Continue Reading...American Patent Development Corporation, LLC v. Movielink, LLC, Civil Action No. 07-605-JJF, July 1, 2009.
Farnan, J. Defendant’s Motion For Partial Summary Judgment of Non-Infringement is granted in part. Plaintiff’s Motion for Partial Summary Judgment of Infringement is denied.
Continue Reading...Forest Laboratories, Inc., et al. v. Cobalt Laboratories, Inc., et al., C.A. No. 08-21-GMS-LPS, July 2, 2009.
Stark, M. J. Magistrate Judge issues Report and Recommendation regarding claim construction.
Continue Reading...Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491a-MPT, June 30, 2009.
Thynge, M. J. Defendant’s motion to strike second declaration by an inventor/expert is moot. The second declaration will not be considered for purposes of summary judgment.
Continue Reading...Sun Microsystems, Inc. v. Versata Enterprises, Inc., et al., Civil Action No. 07-782-JJF, July 1, 2009.
Farnan, J. Plaintiff’s motion to dismiss defendants’ counterclaims is granted in part and denied in part. Plaintiff’s motion to strike is also granted in part and denied in part. Defendants are granted leave to amend their defenses and counterclaims.
Continue Reading...Cordance Corporation v. Amazon.Com, Inc. and Amazon Web Services, LLC, Civil Action No. 06-491-MPT, June 30, 2009.
Thynge, M. J. Plaintiff’s motion for summary judgment on defendants’ prosecution laches defense is granted and defendants’ motion relating to this defense is denied. Plaintiff’s motion for summary judgment concerning Amazon’s patent misuse defense is granted in part and denied in part. Plaintiff’s motion for summary judgment on a marking issue is denied. Plaintiff’s motion for summary judgment on defendants’ § 288 defense is granted.
Continue Reading...Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.
Robinson, J. Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.
Continue Reading...In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.
Stark, M.J. A motion to amend complaint filed by equipment vendors is granted. The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.
Continue Reading...Roquette Freres v. SPI Pharma, Inc., et al., C. A. No. 06-540-GMS-MPT, June 25, 2009.
Thynge, M. J. Certain defendants’ motions to dismiss for lack of personal jurisdiction are granted. Motions for leave to file a supplemental answering brief are granted.
Continue Reading...The Dow Chemical Company v. NOVA Chemicals Corporation and NOVA Chemicals, Inc., Civil Action No. 05-737-JJF, June 25, 2009.
Farnan, J. The Court construes five of six disputed terms in a 42-page opinion.
Continue Reading...State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.
Robinson, J. Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.
Continue Reading...SWIMC, Inc. v. Hy-Tech Thermal Solutions, LLC, et al., Civ. No. 08-084-SLR, June 24 , 2009.
Robinson, J. Plaintiff’s motion to compel discovery is granted.
Continue Reading...ING BANK fsb (d/b/a ING DIRECT), et al. v. The PNC Financial Services Group, Inc., et al., Civ. No. 08-514-LPS, June 22 , 2009.
Stark, M. J. Plaintiff’s motion to dismiss defendants’ counterclaim is denied.
Continue Reading...Belden Technologies, Inc. v. LS Corporation, et al., Civ. No. 08-823-SLR, June 17, 2009.
Robinson J. Defendants' motion to dismiss for insufficiency of service of process is denied. The Court denies without prejudice defendants' motions to dismiss for lack of personal jurisdiction and improper venue in order to allow jurisdictional discovery.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Research In Motion LTD., et al., Civil Action No. 08-371-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s unopposed Motion for Leave to File a First Amended Complaint and Defendant’s contested Motion for Leave to File Amended Answer and Counterclaims are granted.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Fujifilm Holdings Corporation, et al., Civil Action No. 08-373-JJF-LPS, June 10 , 2009.
Stark, M. J. Defendants’ Motion for Leave to Amend their Answer, Affirmative Defenses, Counterclaims and Jury Demand to add defenses and counterclaims based on inequitable conduct and patent exhaustion and/or license is granted.
Continue Reading...Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, June 10 , 2009.
Robinson, J. Plaintiff’s application for costs to compensate for the consequences of post-verdict shipments of infringing product is reduced from $981,000 to $500,000.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s Motion for Leave to File a Third Amended Complaint is granted.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co. LTD., et al., Civil Action No. 04-1436-JJF-LPS, June 10 , 2009.
Stark, M. J. Plaintiff’s Motion for Leave to File a Second Amended Complaint is granted.
Continue Reading...Safety Braking Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-JJF, June 9 , 2009.
Farnan, J. Defendants’ Motion to Transfer to the Central District of California is denied.
Continue Reading...Rembrandt Technologies, L.P. v. Harris Corporation ,Del. Super., C.A. No. 07C-09-059-JRS, May 22 , 2009.
Slights J. Defendant’s Motion to Stay is granted pending the entry of a final order on the Markman ruling in the multi-district federal patent litigation.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, Civ. No. 07-807-JJF-LPS, June 3 , 2009(redacted).
Stark, M. J. Plaintiff’s motion to compel is granted in part and denied in part.
Continue Reading...Quinstreet Inc. v. Parallel Networks, LLC, Civ. No. 06-495-SLR, May 28 , 2009.
Robinson J. Third-party defendant’s motion to dismiss the third-party complaint is denied; defendant’s motion to dismiss third-party defendant’s declaratory judgment claims for lack of jurisdiction over the person is denied; and plaintiff’s and defendant’s joint motion to dismiss the claims between them is granted.
Continue Reading...Software Rights Archive, LLC v. Google, Inc., et al., Misc. No. 07-017-JJF, May 21 , 2009.
Farnan J. Movants’ motion to compel the production of documents by third parties is granted.
Continue Reading...Roquette Freres v. SPI Pharma, Inc., et al., C.A. No. 06-540-MPT, May 21 , 2009.
Thynge, M. J. Defendant’s motion to amend its answer to add a defense and counterclaim based on inequitable conduct is granted. Plaintiff’s motion for leave to file a sur-reply is also granted and the arguments set forth therein were considered by the Court.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, May 26 , 2009.
Stark, M. J. Magistrate finds initial award of sanctions is appropriate on remand and extends order to include sanctions against both plaintiff and its counsel.
Continue Reading...Wilco AG v. Packaging Technologies & Inspection LLC, Civ. No. 08-635-SLR, May 19 , 2009.
Robinson J. The Court grants plaintiff's motion to dismiss counterclaim of tortuous interference with business relations and denies motion to dismiss the counterclaim of inequitable conduct.
Continue Reading...Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., Civ. No. 07-190-SLR, May 15 , 2009.
Robinson J. Defendant’s motion for judgment as a matter of law or for a new trial and remittitur is granted in part and denied in part. Plaintiff’s motion for prejudgment interest is granted.
Continue Reading...W. L. Gore & Associates, Inc., et al. v.Label Technologies, Inc., C.A. No. 08-111-GMS, May 15 , 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of personal jurisdiction is denied. Based on that ruling, plaintiff’s request for jurisdictional discovery is denied as moot.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, May 7 , 2009.
Robinson J. Plaintiff’s motion to set a trial date and defendant’s motion for reargument are both denied pending limited discovery.
Continue Reading...In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, April 27, 2009.
Stark, M. J. Defendant’s motion to compel certain documents is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Siemens AG, et al., Civil Action No. 06-403-JJF-LPS, May 4 , 2009.
Stark, M. J. Defendants’ motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Matsushita Electrical Industrial Co., Ltd., et al., Civil Action No. 04-1436-JJF-LPS, May 4 , 2009.
Stark, M. J. Hewlett-Packard’s motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-LPS, May 4 , 2009.
Stark, M. J. The Magistrate Judge issues a claim construction report and recommendation.
Continue Reading...Trueposition Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, April 30, 2009.
Robinson, J. Plaintiff’s motion for an accounting and entry of final judgment is granted. Plaintiff’s 60(b) motion for relief is granted. Defendant is required to remit additional infringement damages, pre- and post-judgment interest and punitive damages and fees and costs associated with these motions.
Continue Reading...In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949a-LPS, May 7 , 2009.
Stark, M. J. Defendants’ application for co-marketing is granted to the extent of plaintiff’s proposed compromise. The Court defers ruling on Plaintiff’s application for a defendant’s research and development efforts to allow for further attempts to compromise.
Continue Reading...IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282-SLR, April 28, 2009.
Robinson, J. Plaintiff's motion for summary judgment of infringement is granted in part and denied in part; defendants' motion for summary judgment of noninfringement is also granted in part and denied in part. Plaintiff’s motion for summary judgment of validity is granted. Defendants' motions for summary judgment of invalidity are denied. Plaintiff’s motion that defendants have no valid license defense is granted in part and denied in part as moot. Defendants' motion that it has a valid license defense is denied as moot.
Continue Reading...Spear Pharmaceuticals, Inc., et al. v. Blair & Company, LLC, et al., Civil Action No. 07-821-JJF, April 27, 2009.
Farnan, J. Defendants’ 12(b)(6) motions to dismiss supplemental complaint are denied.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Palm, Inc., et al., Civil Action No. 06-404-JJF-LPS, May 4 , 2009.
Stark, M. J. Magistrate recommends that the Motions for Jurisdictional Discovery and Hearing and to Dismiss for Lack of Subject Matter be denied and The Motion for Leave to File a Surreply is granted.
Continue Reading...IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282a-SLR, April 28, 2009.
Robinson, J. The Court issues a claims construction ruling on 13 disputed terms.
Continue Reading...Syed Iqbal Raza, M.D. v. Siemens Medical Solutions USA Inc., et al., C.A. No. 06-132-JJF, April 16, 2009.
Farnan, J. Defendants’ motion for judgment on the pleadings is granted.
Continue Reading...Rohm and Haas Electronic Materials, LLC v. Honeywell International, Inc., C.A. No. 06-297-GMS, April 16, 2009.
Sleet, C.J. Plaintiff’s motion to enforce the settlement agreement is granted but its request for attorneys’ fees and costs is denied.
Continue Reading...Alza Corporation and McNeil-PPC, Inc. v. Andrx Pharmaceuticals, LLC, et al., Civil Action No. 05-642-JJF, March 30, 2009.
Farnan J. Defendants' declaratory judgment counterclaims pertaining to one of the patents are dismissed without prejudice. Plaintiffs’ Motion To Strike Portions of Defendants' Post-Trial Findings of Fact is granted and Defendants' Contingent Cross Motion to Strike Portions of Plaintiffs' Post-Trial Findings Of Fact and Conclusions of Law is denied. In addition the Court finds the remaining patent-in-suit to be both invalid and not infringed.
Continue Reading...Symbol Technologies, Inc. v. Janam Technologies, LLC, Civil Action No. 08-340-JJF, March 31, 2009.
Farnan, J. The Magistrate Judge’s Report and Recommendations regarding tentative claim constructions in relation to a preliminary injunction motion is adopted in part and overruled in part.
Continue Reading...Dish Network Corporation, et al. v. Tivo, Inc., Civil Action No. 08-327-JJF, March 31, 2009.
Farnan, J. Defendant’s Motion to Dismiss is denied and the parties are directed to set forth their positions in briefing on transfer pursuant to 28 U.S.C. § 1404(a) to the Eastern District of Texas.
Continue Reading...Quantum Loyalty Systems, Inc. and Quantum Corporation of New York, Inc., v. TPG Rewards, Inc., Civ. No. 09-022-SLR, April 2, 2009.
Robinson, J. Defendant’s motion to transfer to the Southern District of New York is denied.
Continue Reading...Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.
Thynge, M.J. Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.
Continue Reading...Vygon v. Rymed Technologies, Inc., C.A. No. 08-172-GMS, March 31, 2009.
Sleet, C. J. Defendant’s Motion to Dismiss is granted in light of first-filed action pending in the Tennessee District Court.
Continue Reading...Symbol Technologies, Inc. et al. v. Aruba Networks, Inc., C.A. No. 07-519-JJF, March 30, 2009.
Farnan, J. Plaintiffs’ motion to strike certain portions of the defendant’s answer and counterclaim is granted in part.
Continue Reading...American Patent Development Corp., LLC v. Movielink, LLC, C.A. No. 07-605-JJF, March 27, 2009.
Farnan, J. The Court issues a claims construction ruling on 10 disputed terms and/or phrases and denies defendant’s motion to strike declaration of plaintiff’s expert submitted in support of plaintiff’s position.
Continue Reading...LivePerson, Inc. v. NextCard, LLC, et al., C.A. No. 08-062-GMS, March 20, 2009.
Sleet, C.J. Court grants defendants’ motion to dismiss for lack of personnel jurisdiction. Plaintiff’s motions for jurisdictional discovery and to amend are denied.
Continue Reading...Hewlett-Packard Company v. Acceleron, LLC, Civ. No. 07-650-SLR, March 10, 2009.
Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, March 9, 2009.
Stark, M.J. Plaintiffs’ motions to transfer action as to certain defendants is granted. Certain defendants’ motion to dismiss for lack of personal jurisdiction is dismissed as moot.
Continue Reading...In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, March 6, 2009.
Stark, M.J. Defendants’ motion to retain and use non-party’s purportedly privileged documents was granted where privilege was waived due to lack of diligence.
Continue Reading...JP Morgan Chase & Co., et al. v. Affiliated Computer Services, Inc., Civ. No. 08-189-SLR, March 4, 2009.
Robinson, J. Defendants’ motion for leave to file an amended answer and counterclaim is granted.
Continue Reading...Takeda Pharmaceuticals Company, Ltd., et al. v. Teva Pharmaceuticals USA, Inc., Civ. No. 07-331-SLR, March 4, 2009.
Robinson, J. This matter arises as a pretrial evidentiary dispute
Continue Reading...Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.
Robinson, J. Defendant’s motion to transfer venue of this matter to the Northern District of California is granted.
Continue Reading...AstraZeneca Pharmaceuticals LP, et al. v. Aurobindo Pharma Limited, et al., MDL No. 08-1949-JJF-LPS, Civ. No. 07-810-JJF-LPS, February 25, 2009.
Farnan, J. Objection to the Magistrate Judge’s ruling is overruled and the Magistrate Judge’s disposition of Defendant Aurobindo’s motion to dismiss is adopted by the court.
Continue Reading...Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss is granted in part and the common law restraint of trade count is dismissed without prejudice. The motion is denied in all other respects.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, February 18, 2009.
Robinson, J. Defendant’s motion to dismiss or transfer is denied without prejudice.
Continue Reading...S.O.I. TEC Silicon On Insulator Technologies, S.A., et al. v. MEMC Electronic Materials, Inc., Civ. No. 08-292-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss, or alternatively for a more definite statement, is denied.
Continue Reading...Edmunds Holding Company, et al. v. Autobytel Inc., Civ. No. 08-149-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss the action for lack of subject matter jurisdiction is granted.
Continue Reading...Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al., Civ. No. 08-67-JJF, December 19, 2008.
Farnan, J. Defendants’ motion for change of venue is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor Intl. Inc., et al., Civ. No. 08-309-LPS, December 19, 2008.
Stark, M. J. Defendants’ motion to stay the litigation pending reexamination is denied.
Continue Reading...Dey, L.P. and Dey, Inc. v. Sepracor, Inc., Civ. No. 08-372-JJF, January 30, 2009.
Farnan, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...Honeywell International, Inc. and Honeywell Intellectual Properties Inc., v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 9, 2008.
Farnan, J. A claim construction opinion is issued tentatively.
Continue Reading...Cordance Corporation v. Amazon.com, Inc., Civ. No. 06-491-MPT, February 18, 2009.
Thynge, M. J. Magistrate grants in part defendant’s motion to amend to add new inequitable conduct counterclaims.
Continue Reading...Kenexa Brassring Inc. v. Taleo Corporation, Civ. No. 07-521-SLR, February 18, 2009.
Robinson, J. Defendant's motion for clarification of the confidentiality protective order is granted. Court finds that the order does not relate to reexaminations.
Continue Reading...St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD, et al., Civ. No. 04-1436-JJF-LPS, February 17, 2009.
Stark, M.J. Defendant’s motion for leave to amend the answer and affirmative defenses is granted.
Continue Reading...
Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body Works, LLC, Civ. No. 06-601-JJF, February 11, 2009.
Farnan, J. The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.
Farnan, J. Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.
Continue Reading...True Position, Inc. v. Andrew Corporation, Civ. No. 05-747-SLR, January 26, 2009.
Robinson, J. Motion to Amend August 1, 2008 Order with regard to prejudgment and post-judgment interest is granted in part and denied in part.
Continue Reading...St. Clair Intellectual Propety Consultants, Inc. v. Fujifilms Holding Corporation, et al., Civ. No. 08-373-LPS, January 27, 2009.
Stark, M.J. Defendants’ motion to stay second action pending appeal of first related action is denied.
Continue Reading...Vanderbilt University v. ICOS Corporation, Civ. No. 05-506-SLR, January 27, 2009.
Robinson, J. Court denies plaintiff’s request to add its scientist employees as inventors to the two patents-in-suit assigned to defendant.
Continue Reading...Simplification, LLC v. Block Finance Corporation, et al., Civ. No. 03-355-JJF, January 23, 2009.
Farnan, J. The Court construes 13 disputed terms in two patents following a Markman Hearing.
Continue Reading...Micron Technology, Inc. v. Rambus Inc., Civ. No. 00-792-SLR, January 9, 2009.
Robinson, J. Court declares patents-in-suit unenforceable following bench trial on issues of alleged spoliation of evidence and unclean hands by defendant.
Continue Reading...Internet Media Corporation v. Dell, Inc., et al., Civ. No. 05-633-SLR, January 14, 2009.
Robinson, J. The Court issues a claim construction ruling on 3 disputed terms following a Markman Hearing.
Continue Reading...Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No. 04-876-GMS, January 6, 2009.
Sleet, C.J. Defendant’s JMOL motion and motion for a new trial on willful infringement are denied; plaintiff’s motion for a permanent injunction is denied. Parties are ordered to meet and confer on royalty rate going forward; plaintiff’s request for prejudgment interest and an accounting is granted but request for enhanced damages and attorney fees and expenses is denied.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF, December 16, 2008.
Farnan, J. Defendant’s objections to the Magistrate’s Report and Recommendation regarding defendant’s motion for partial summary judgment on the amended counterclaim are overruled and the Magistrate’s recommendation is adopted.
Continue Reading...Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, December 3, 2008.
Stark, M. J. Plaintiff’s motion to extend the deadline to pay sanctions pursuant to earlier Court order is denied.
Continue Reading...Sepracor, Inc. v. Dey, L.P. and Dey, Inc., Civ. No. 06-113-JJF (Consolidated), December 18, 2008.
Farnan, J. The Court issues a claim construction ruling on 6 disputed terms following a Markman Hearing.
Continue Reading...Human Genome Sciences, Inc. v. Genentech, Inc., Civ. No. 08-166-SLR, December 16, 2008.
Robinson, J. Defendant’s motion to dismiss review of decisions by the Board of Patent Appeals and Interferences is granted.
Continue Reading...Human Genome Sciences, Inc. v. Amgen, Inc. and Immunex, Corp., Civ. No. 07-526-SLR-MPT, December 16, 2008.
Robinson, J. Court overrules objection to Magistrate’s Memorandum Order and adopts it in all respects.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor, et al., Civ. No. 04-1371-JJF, December 12, 2008.
Farnan, J. Court grants in part defendant’s Motion for Remitter [sic], Judgment as a Matter of Law, or, in the Alternative for a New Trial on Damages to the extent that it requests a remittitur enters order reducing the damages awarded by 82%.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International,Inc. et al., Civ. No. 04-1371-JJF, December 12, 2008.
Farnan, J. Defendant's motion for a new trial on all issues in light of Seagate is granted to the extent it seeks a new trial on willfulness and denied to the extent it seeks a new trial on all issues.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Defendants’ motion for summary judgment of invalidity is granted. Plaintiff’s motion for summary judgment of no invalidity is denied.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Plaintiff’s motion for summary judgment for infringement is granted; defendant’s motion for non-infringement of the patent-in-suit is granted in part and denied in part.
Continue Reading...Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.
Robinson, J. Court construes disputed claim language of patent-in-suit.
Continue Reading...Parker-Hannifin Corp. And Parker Intangibles LLC, v. Schlegel Electronic Materials, Inc., C.a. No. 07-266-MPT, December 9, 2008.
Thynge, M.J. Magistrate grants defendant’s motion to enforcement of settlement agreement which was set forth in email correspondence.
Continue Reading...Girafa.com, Inc. v. Amazon.com, Inc., et al, Civ. No. 07-787-SLR, December 9, 2008 (Mem. Order).
Robinson, J. Plaintiff’s motion for a preliminary injunction is denied.
Continue Reading...Oracle Corporation and Oracle U.S.A., Inc. v. Parallel Networks, LLP, Civ. No. 06-414-SLR, December 4, 2008 (Mem. Order).
Robinson, J. The Court issues a claim construction ruling for two patents relating to Web server technology.
Continue Reading...Cordance Corporation v. Amazon.com, Inc. and Amazon Web Services, LLC, C.A. No. 06-491-MPT, December 5, 2008.
Thynge, M. J. Magistrate construes 18 claims relating to four patents-in-suit.
Continue Reading...Symbol Technologies, Inc. v. Janam Technologies LLC, Civ. No. 08-340-JJF-LPS, December 1, 2008.
Stark, M. J. Magistrate recommends adopting plaintiff’s interpretation of three terms and defendant’s interpretation on the fourth on three patents-in-suit in advance of Motion got Preliminary Injunction.
Continue Reading...In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949-JJF-LPS, November 24, 2008.
Stark, M.J. Magistrate recommends denial in part and grants in part several motions to dismiss. Dismissal of agents for foreign entities that submitted ANDAs denied. Motions to dismiss declaratory judgment count are granted. Motions to dismiss for lack of personal jurisdiction denied without prejudice.
Continue Reading...Medtronic, Inc. v. Boston Scientific Corporation, et al., C. A. No. 07-823-GMS, November 21, 2008.
Stark, M. J. Motion to dismiss or in the alternative to transfer defendant’s counterclaim is denied. Court grants defendant’s motion to strike plaintiff’s jury demand.
Continue Reading...Amazon.com, Inc. v. CITI Services, Inc., et al., C. A. No. 99-543-GMS, November 21, 2008.
Sleet, C. J. Court denies defendants’ motion to set aside the default order and judgment.
Continue Reading...3V, Inc. v. CIBA Specialty Chemicals Corp., C. A. No. 06-593-JJF, 06-629-JJF, 06-672-JJF, November 20, 2008.
Farnan J. Court grants plaintiff’s motion to dismiss for lack of subject matter jurisdiction and denies defendant’s motion for leave of court to serve limited discovery relating to plaintiff’s disclaimer of its patent claims
Continue Reading...Microstrategy Incorporated v. Crystal Decisions, Inc., C. A. No. 03-1124-MPT, November 19, 2008.
Thynge, M. J. Magistrate grants plaintiff’s request for fees and costs in the amount of $2,249,387.22 less the charges related to overhead costs.
Continue Reading...Power Integrations, Inc. v. BCD Semiconductor Corporation, et al., Civ. No. 07-633-JJF-LPS, REDACTED PUBLIC VERSION, November 19, 2008.
Stark, M. J. Magistrate recommends denial of Plaintiff’s Motion for a Preliminary Injunction.
Continue Reading...Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, November 18, 2008.
Thynge, M.J. The Court issued claim construction rulings for nine terms from three patents.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.
Robinson, J. Defendant’s motion to dismiss breach of contract claim is granted and the grant of summary judgment is vacated.
Continue Reading...Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.
Robinson, J. Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied. Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.
Farnan, J. Defendants’ motion for judgment as a matter of law or for a new trial regarding invalidity of the patent-in-suit is denied.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, November 7, 2008.
Farnan, J. Defendants’ motion for JMOL of noninfringement and invalidity is denied.
Continue Reading...Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.
Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.
Continue Reading...Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.
Thynge, M.J. Defendants’ motion to preclude plaintiff from relitigating lost profits based on issue preclusion is granted. Defendant Universal’s motion to preclude lost profits based on double recovery, judicial estoppel and/or implied license is moot. Defendants’ motion for reconsideration is denied.
Continue Reading...Innovative Therapies, Inc. v. Kinetic Concepts, Inc., et al., Civ. No. 07-589-SLR/LPS, November 5, 2008.
Robinson, J. Defendants’ motion to dismiss this lawsuit seeking declaratory relief is granted.
Continue Reading...McKesson Automation, Inc. v. Swisslog Italia S.P.A., et al., Civ. No. 06-28-SLR/LPS, November 5, 2008.
Robinson, J. Defendants’ motion to dismiss for lack of standing is stayed. Other pending motions are denied without prejudice to renew.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al., No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation, No. 05-340-SLR, November 5, 2008.
Robinson, J. The Court provides pre-trial guidance as to when a party may use the deposition testimony from the opposing party’s expert who is not expected to testify at trial.
Continue Reading...In Re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866 GMS, October 31, 2008.
Sleet, C.J. Plaintiff’s motion to stay the action against Excela and toll the 30-month stay, and for leave to use information produced under the protective order in a citizen’s petition to the FDA is denied.
Continue Reading...Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.
Sleet, C.J. Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted. Plaintiff’s motion for a permanent injunction is granted in part and denied in part.
Continue Reading...Becton Dickinson and Company v. Tyco Healthcare Group LP, No. 02-1694-GMS, October 14, 2008.
Sleet, C.J. The Court denies defendant’s motion for judgment as a matter of law having ruled that substantial evidence was presented to support the jury’s infringement verdict.
Continue Reading...Accenture Global Services GmbH, et al. v. Guidewire Software, Inc., No. 07-826-SLR, October 8, 2008.
Robinson, J. Court grants defendant’s motion to dismiss plaintiffs’ state law claims and trade secret misappropriation claims and grants plaintiffs’ motion to dismiss defendants’ bad faith litigation counterclaims.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, October 3, 2008.
Thynge, M.J. Magistrate grants defendants’ motion for judgment pursuant to Fed.R.Civ.P. 54(b) and stays plaintiffs’ invalidity and unenforceability claims and defenses pending disposition of the appeal.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, October 8, 2008.
Robinson, J. The Indirect Purchasers Plaintiffs’ motion for approval of their proposed notice plan is granted.
Continue Reading...Wellman, Inc. v. Eastman Chemical Company, C.A. No. 07-585-SLR, October 3, 2008.
Robinson, J. Court finds that plaintiff failed to meet its burden of proving likelihood of success on the merits of irreparable harm and denies motion for preliminary injunction.
Continue Reading...Sepracor Inc. v. Dey, L.P. and Dey, Inc., et al., C.A. No. 06-113-JJF, September 26, 2008.
Farnan, J. Court grants defendants’ motion to strike plaintiff’s willfulness allegations but preserves plaintiff’s exceptional case claim.
Continue Reading...Parker-Hannifin Corporation v. Zippertubing (Japan), LTD., C.A. No. 06-751-MPT, September 24, 2008.
Thynge, M.J. Court finds defendant’s proposed amendments meet Rule 9(b) requirements and grants motion to amend to add inequitable conduct claims.
Continue Reading...Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, September 24, 2008, revised October 2, 2008.
Robinson, J. Defendants’ motion for summary judgment on plaintiffs’ claims of sham litigation premised on inequitable conduct and plaintiffs’ Walker Process claims is granted. Defendants’ motion for summary judgment on sham litigation claims based on a lack of probable cause for asserting patent infringement is denied.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008, amended September 26, 2008.
Thynge, M.J. Ariad’s motion to dismiss declaratory judgment action for invalidity is granted. Motion to dismiss unenforceability defenses is denied. Ariad’s motion for partial summary judgment on inequitable conduct is granted in part and denied in part.
Continue Reading...Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 24, 2008.
Farnan, J. Court finds for plaintiff following bench trial on defendants’ claims of inequitable conduct.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, September 19, 2008.
Thynge, M.J. The Court issues a claim construction ruling following Markman Hearing.
Continue Reading...Cordis Corp. v. Medtronic Vascular, Inc., et al., C.A. No. 97-550-SLR (Consolidated); Boston Scientific Corporation, et al. v. Ethicon, Inc., et al. C.A. No. 98-19-SLR, September 15, 2008.
Robinson, J. Following decade-long litigation, the Court grants Cordis’ motion for entry of final judgment and denies BSC’s motion for new trial and Medtronic’s motion for JMOL on lost profit damages.
Continue Reading...McKesson Automation, Inc. v. Swisslog Holding AG, et al., C.A. No. 06-28-SLR-LPS, August 29, 2008.
Stark, M.J. Following submission of additional documentation, the Court grants plaintiff’s motion to reconsider its earlier recommendation of dismissal for lack of standing. Motions by both sides to amend pleadings are granted. Defendants’ motion to dismiss willfulness claim in light of Seagate is denied.
Continue Reading...In Re: ‘318 Patent Infringement Litigation, C.A. No. 05-356-SLR, August 27, 2008.
Robinson, J. Following a bench trial and post-trial briefing, the Court finds the patent-in-suit is invalid for lack of enablement.
Continue Reading...Farnan, J. Court grants non-party’s motion to quash and denies defendants’ application requesting issuance of a letter of request for documents and deposition testimony in Germany under the Hague Convention.
Continue Reading...Robinson, J. Defendants’ renewed motion for summary judgment that three of the four patents in suit are invalid is denied.
Continue Reading...Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.
Continue Reading...Robinson, J. The Court grants direct purchaser plaintiffs’ motion for class certification. It grants in part the indirect purchaser plaintiffs’ motion for class certification, and the IP Class’s motion for appointment of counsel is granted.
Continue Reading...Robinson, J. Court stays state law claims of indirect purchasers and counterclaim plaintiffs in Tricor action. Defendants' motions for summary judgment on state law claims are likewise denied without prejudice. Defendants’ motions for summary judgment on relevant market definition are denied. Defendants’ motion for leave to file a motion for summary judgment on antitrust injury is denied.
Continue Reading...Stark, J. Motion to dismiss is denied following jurisdictional discovery where evidence shows defendant’s intent and purpose to serve the Delaware market.
Continue Reading...L’Athene, Inc. v. Earthspring LLC et al., Civ. No. 08-114-SLR, August 7, 2008
Robinson, J. Motion to dismiss is denied; motion to transfer is granted where litigation in Delaware would cause undue hardship to defendant given the small size of its company.
Continue Reading...Innovative Therapies, Inc., v. Kinetic Concepts, Inc., et al., CA No. 07-589-SLR-LPS, July 14, 2008.
Stark, M. J. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction is granted.
Continue Reading...Stark, M. J. Court denies defendant’s motion to dismiss for failure to state a claim where claims depend on contractual language at issue and language is susceptible of different interpretations.
Continue Reading...Farnan J. Court rules on certain evidentiary issues raised by both parties during bench trial and denies all objections.
Continue Reading...
TruePosition Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, July 31, 2008.
Robinson, J. Defendant’s motion for JMOL or a new trial is denied. Damages awarded by jury of $45.3 million are remitted to $18.6 million. Plaintiff’s motion for enhanced damages due to willful infringement is granted in part. Damages are enhanced by 25% to $23,250,000. Plaintiff’s motion for attorneys’ fees is denied. Plaintiff’s motion for a permanent injunction is granted. Prejudgment interest on $18.6 million is awarded, compounded quarterly at the prime rate. Post-judgment interest on $18.6 million from 9/19/07 (the date of judgment) is awarded at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding.
Continue Reading...Braintree Laboratories, Inc. v. Schwarz Pharma, Inc., C.A. No. 03-477-SLR, July 31, 2008.
Robinson, J. The court rules for plaintiff on unfair competition and antitrust claims after bench trial.
Continue Reading...Acuity Brands, Inc., et al., v. Cooper Industries, Inc., et al., C.A. No. 07-444-GMS, July 31, 2008.
Sleet, C.J. Defendants’ motion to transfer to the Northern District of Georgia is denied.
Robinson, J. Petitioner’s motion to vacate or modify and arbitration award is denied. The court has jurisdiction pursuant to 29 U.S.C. § 1401(b)(2).
Continue Reading...CIF Licensing, LLC, d/b/a/ GE Licensing v. Agere Systems, Inc. C.A. No. 07-170-JJF, July 10, 2008.
Farnan, J. The court construes a total of 14 claim terms from two patents
Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008.
Farnan, J. After a bench trial, the Court issued findings of fact and conclusions of law. The Court ruled that disputed claims were infringed, but that the claims at issue are invalid for nonstatutory double patenting.
Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.
Thynge, M.J. Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted.
McKesson Automation, Inc. v. Swisslogic Holding AG, et al., C.A. No. 06-28-(SLR-LPS), May 30, 2008.
Stark, M.J. Magistrate recommends that defendants’ motion to dismiss be granted due to plaintiff’s lack of standing to sue.
Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.
In re Intel Corp. Microprocessor Antitrust Litigation., C.A. No. 05-1717 JJF, May 14, 2008.
Farnan, J. This Court adopts Special Master’s recommendation that non-party be sanctioned for vexatious litigation conduct during adjudication of discovery dispute.
Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-780 SLR, May 9, 2008.
Robinson, J. Court grants defendants’ motion to dismiss for lack of subject matter jurisdiction under 35 U.S.C. § 146 where plaintiff seeks adverse judgment on appeal from concession on priority during interference process.
Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).
Sleet, C.J. Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied
LG Philips LCD Co., Ltd, v. Chi Mei Optoelectronics, et al., and AU Optronics Corporation v. LG. Philips LCD, Co., Ltd, et al., C.A. Nos. 06-726 and 07-357-JJF, April 29, 2008.
Farnan, J. Defendants’ motions to dismiss for lack of personal jurisdiction and improper service of process are denied. Plaintiff’s motions for sanctions and for leave to take jurisdictional discovery are denied.
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
Reliant Pharmaceuticals, Inc., v. Par Pharmaceutical, Inc., C.A. No. 06-774-JJF, April 24, 2008.
Farnan, J. Plaintiff moves to disqualify law firm from representing the defense based on firm’s previous representation of plaintiff in a related matter. Court denies motion where representation was limited and did not extend to advice concerning the nature, scope, potential infringement, design around and validity of the patent-in-suit.
Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.
Farnan, J. Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm. The Court ordered an evidentiary hearing.to resolve professional issues even if the subpoena issues are fully resolved.
Stark, M.J. Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.
Continue Reading...Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-526-SLR-MPT, April 8, 2008.
Thynge, M.J. The Court agrees to consider priority along with other issues previously presented to the Board of Patent Appeal and Interferences and finds discovery is appropriate.
Continue Reading...Farnan, J. Applying new jurisdictional test adopted by the Supreme Court and recent Federal Circuit case law, the Court finds actual controversy sufficient to warrant declaratory judgment action.
Continue Reading...Venetec International, Inc., v. Nexus Medical, LLC, C.A. No. 07-57-MPT, March 28, 2008.
Thynge, M.J. Court denies plaintiff’s motion for partial judgment on the pleadings and grants defendant’s motion in part to amend its answer and counterclaim to expand on its unenforceability defense.
Robinson, J. Following a bench trial, the Court finds that plaintiff failed to show infringement and is not persuaded by defendant’s claims of invalidity for obviousness and unenforceability due to inequitable conduct.
Microstrategy Incorporated v. Crystal Decisions, Inc., C.A. No. 03-1124-MPT, March 25, 2008.
Thynge, M.J. The Magistrate granted defendant’s motion to rule that this was an “exceptional case” and granted in part its motion for costs and attorneys’ fees.
Continue Reading...Stark, M.J. Magistrate recommends that defendant’s motion to dismiss for lack of standing be denied.
Continue Reading...Elan Corporation, PLC et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 07-552-SLR, March 7, 2008.
Robinson, J. Court denies plaintiffs’ motion to dismiss counterclaims and affirmative defenses relating to claims of inequitable conduct with leave to renew at a later date.
Continue Reading...Robinson, J. Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.
Continue Reading...Farnan, J. Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.
Continue Reading...Farnan, J. Court denies Defendant’s motion to dismiss and transfer venue and holds that jurisdiction and venue are proper where the company targeted sales of allegedly infringing product to Delaware residents as part of national e-mail campaign.
Continue Reading...Farnan, J. Court denies defendants’ motion to stay pending resolution of motion to dismiss for lack of personal jurisdiction since any efforts taken (including discovery) could be useful in declaratory judgment action pending in Northern District of California between same parties.
Continue Reading...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc. et al., C.A. No. 06-259-MPT, January 31, 2008.
Thynge, M.J. The Court grants plaintiffs’ motion to amend and supplement their counterclaim for inequitable conduct.
Continue Reading...Robinson, J. The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.
Continue Reading...TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.
Robinson, J. Plaintiff’s motion to register judgment is denied. Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted. Defendant’s motion to reopen the record on equitable issues is denied.
Continue Reading...Vanderbilt University v. ICOS Corporation, C.A. No. 05-506-SLR, December 20, 2007.
Robinson, J. The Court rules that the testimony of legal experts will not be permitted at trial.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, December 4, 2007.
Robinson, J. Defendant’s motion for reconsideration of a summary judgment ruling is denied. Miscellaneous pre-trial rulings are made.
Cordance Corporation v. Amazon.Com, Inc., C.A. No. 06-491-MPT, January 22, 2008.
Thynge, J. Court denies plaintiff’s motion to reconsider its prior ruling denying plaintiff’s motion to dismiss defendant’s counterclaim for declaratory judgment.
Thynge, J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Robinson, J. Court denies motion to reconsider prior dismissal order.
Robinson, J. Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.
Robinson, J. Court denies plaintiff’s motion for a preliminary injunction.
Sleet, C.J. Court denies renewed motion to dismiss for lack of personal jurisdiction.
Continue Reading...Farnan, J. Defendant’s motions to dismiss for lack of standing are granted without prejudice.
Continue Reading...Promos Technologies, Inc. v. Freescale Semiconductor, Inc., C.A. No. 06-788-JJF, December 20, 2007.
Farnan, J. The Court grants a motion to compel Defendant to reproduce a 30(b)(6) witness where improper objections were asserted. Sanctions were awarded.
Continue Reading...Nice Systems, Inc. et al. v. Witness Systems, Inc., C.A. No. 06-311-JJF, December 14, 2007.
Farnan, J. The court issues a Memorandum on Tentative Claim Construction.
Continue Reading...Wyeth v. Impax Laboratories, Inc., C.A. No.06-222-JJF, December 13, 2007.
Farnan, J. Claim construction opinion.
Continue Reading...Crown Packaging Technology, Inc. et al. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, December 21, 2007.
Thynge, M. J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Continue Reading...Microsoft Corp. v. Alcatel Business Systems et al., C.A. No. 07-090-SLR, December 18, 2007.
Robinson, J. Motion to disqualify law firm is granted in part and denied in part.
Robinson, J. Plaintiffs' motion to supplement their complaints are denied. Plaintiffs' motion to enjoin Defendants from prosecuting a New Jersey action is denied. Defendants' motion to dismiss one action based on a covenant not to sue is granted and the court dismisses the second Delaware action sua sponte in favor of a first-filed New Jersey action.
Continue Reading...Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 30, 2007.
Robinson, J. The court makes evidentiary rulings on issues raised at the pretrial conference.
Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.
Farnan, J. Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The Court grants plaintiff’s Daubert motion. Defendant’s motion to exclude plaintiff’s expert is granted in part.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.
Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.
Robinson, J. The court construes two terms relevant to golf ball technology.
Cordance Corporation v. Amazon.com.Inc., C.A. No. 06-491-MPT, November 20, 2007.
Thynge, M.J. Motion to dismiss counterclaim of infringement on the basis of no actual controversy is denied.
Thynge, M.J. Cross motions for summary judgment of infringement/noninfringement are denied as to literal infringement. Defendant’s motion for summary judgment of noninfringement under the doctrine of equivalents is granted.
Thynge, M.J. Defendant’s motion for summary judgment of invalidity based upon anticipation is denied.
Thynge, M.J. Defendant’s motion for summary judgment that three claims of the patent-in-suit are anticipated is granted as to two claims and denied as to the third.
Thynge, M.J. Defendant’s motion for summary judgment for failure to disclose the best mode is granted.
Time Warner Cable, Inc., v. USA Video Technology Corp., C.A. No. 06-387-***, October 31, 2007.
Thynge, M.J. Defendant’s motion to dismiss the complaint in favor of a first filed action in Texas is granted. The motion to stay or transfer to Texas is denied as moot. Plaintiff’s motion to enjoin duplicative litigation is denied as moot.
Martek Biosciences Corporation v. Nutrinova Inc., et al., C.A. No. 03-896-GMS, October 30, 2007.
Sleet, C.J. The court denies defendant’s motions for JMOL of noninfringement of one patent and invalidity of a second patent . It granted in part JMOL of invalidity of a third patent. It further grants plaintiff’s motion for JMOL of infringement of the first patent and for a permanent injunction.
Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, October 5, 2007.
Thynge, M.J. Plaintiff’s motion for summary judgment to dismiss counterclaims of invalidity and non-infringement is denied.
Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 3, 2007.
Thynge, M.J. Claim construction decision is issued.
Abbott Diabetes Care, Inc., v. Dexcom, Inc., C.A. No. 06-514-GMS, September 30, 2007.
Sleet, C.J. Defendant’s motion to strike the complaint is denied. Dexcom’s motion to consolidate this proceeding and to stay this proceeding pending reexamination of the seven patents-in-suit is granted.
Abbott Laboratories, et al., v. Johnson and Johnson, et al., C.A. No. 06-613-SLR, September 27, 2007.
Robinson, J. Defendants’ first motion to dismiss for lack of subject matter jurisdiction is denied as moot. Decision on second motion filed after covenant not to sue was executed remains pending.
Howard Hess Dental, et al., v. Dentsply International, Inc., C.A. Nos. 99-255-SLR and 01-267, September 26, 2007.
Robinson, J. Plaintiff’s motion for summary judgment is denied. Defendants’ motion to dismiss for lack of personal jurisdiction and improper venue is granted.
Continue Reading...Cordis Corporation v. Boston Scientific Corporation, et al., C.A. Nos. 03-027-SLR and 03-283-SLR, September 24, 2007.
Robinson, J. Cordis’ motion for judgment as a matter of law or for a new trial is denied.
Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 04-1371-JJF, September 20, 2007.
Farnan, J. The Court requested briefing on whether the statutory presumption of validity is weakened as a result of KSR v. Teleflex. It concluded that KSR does not alter the statutory presumption of validity.
Bank of America, N.A., v. S.I.P. Assets, LLC et al., C.A. No. 07-159-GMS, September 11, 2007.
Sleet, C.J. Defendant EPC’s motion to transfer is granted. Defendant SIP’s motion to dismiss for lack of subject matter jurisdiction is denied as moot.
Continue Reading...Crown Packaging Technology, et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, August 28, 2007.
Thynge, M.J. Plaintiffs’ motion for reargument and reconsideration regarding bifurcation of trial is denied.
Sleet, C.J. The Court construes twenty-nine terms from two patents.
Continue Reading...Digene Corporation v. Ventana Medical Systems, Inc., et al., C.A. No. 01-752-MPT, August 24, 2007.
Thynge, M.J. The Court adopts defendants’ proposed claim constructions.
TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied. Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied. Defendant can not present its fraud theory at trial because it cannot prove damages. Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.
TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. The Court grants two Daubert motions and denies third without prejudice. Fourth Daubert motion is unopposed.
Continue Reading...TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. The Court construes seven of eight disputed terms.
Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., C.A. No. 06-505-SLR, August 21, 2007.
Robinson, J. Defendant’s motion to dismiss a false advertising claim is granted.
Continue Reading...Sun Optics, Inc. v. FGX International, Inc., C.A. No. 07-137- SLR, August 2, 2007.
Robinson, J. Plaintiff’s motion for a preliminary injunction and defendant’s motion to dismiss are denied.
Continue Reading...Colgate-Palmolive v. Ranir, L.L.C., C.A. No. 06-417-GMS, July 31, 2007.
Sleet, C.J. The Court issued an order construing claims in a case involving seven toothbrush design patents and one utility patent.
Robinson, J. Defendant’s motion to dismiss antitrust claims is granted.
Continue Reading...Crown Packaging Technology ,Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, July 24, 2007.
Thynge, M.J. Plaintiffs’motion to bifurcate the trial of defendant’s counterclaims is denied.
Continue Reading...Thynge, M.J. Plaintiffs’ motion to dismiss counterclaim based on failure to mark is granted. Plaintiffs’ motion to dismiss counterclaims based on laches is denied. Evidence of laches is relevant to willfulness and can be presented to the jury. A portion of the trial may be allocated to make a record for the Court on laches if there is additional evidence to be presented on laches.
Continue Reading...Farnan, J. Defendant’s motion to dismiss German parent corporation for lack of personal jurisdiction is granted.
Time Warner Cable v. GPNE Corp., C.A. No. 07-67-MPT, July 20, 2007.
Thynge, M.J. Defendant’s motion to dismiss in light of prior pending action was granted. The motion to stay or transfer was denied as moot.
Continue Reading...Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., C.A. No. 02-581-JJF, July 19, 2007.
Farnan, J. On remand from the Federal Circuit to determine whether this patent-in-suit was enabled by prior art, the Court found that the patent was not enabled and therefore does not invalidate the patent on the grounds of anticipation.
LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.
Farnan, J. Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.
Illinois Tool Works Inc. v. Frito-Lay North America, Inc., No. 06-54-GMS, July 9, 2007.
Sleet, C.J. Defendant’s motion to preclude patentability issues in this case is denied.
Talecris Biotherapeutics, Inc. v. Baxter International, Inc., et al., No. 05-349-GMS, June 14, 2007.
SLEET, J. Plaintiff's motion to disqualify Baxter's counsel was denied despite involvement in prior litigation as a third year associate.
Continue Reading...Merck & Co., Inc. v. Apotex, Inc., No. 06-230-GMS, May 21, 2007.
Sleet, J. The Court dismissed the action where actual controversy was resolved by plaintiff’s execution of covenant not to sue.
Continue Reading...Crown Packaging Technology, Inc. et al., v. Rexam Beverage Can Co., No. 05-608-MPT, May 17, 2007.
Thygne, J. Following a Markman hearing, the Court issued a decision on the disputed terms.
Continue Reading...Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.
Robinson, C.J. The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.
Continue Reading...Amgen, Inc., et al., v. Ariad Pharmaceuticals, Inc., et al., No. 06-259-MPT, May 14, 2007.
Thygne, J. The Court ordered defendants to produce the foreign-based inventors for deposition in the U.S. in patent declaratory judgment action.
Continue Reading...Digene Corporation v. Ventana Medical Systems, et al., No. 01-752-MPT, May 9, 2007.
Thygne, J. Court denied preliminary injunction against defendant asserting a license defense notwithstanding decision by an arbitration panel that the assignment between co-defendants of rights violated terms of a cross licensing agreement.
Continue Reading...Telecordia Technologies, Inc. v. Lucent Technologies, Inc., Nos. 04-875-GMS, 04-876-GMS, May 1, 2007.
Sleet, J. Summary judgment of non-infringement was granted with respect to the '306 patent and denied as to a second patent. Plaintiff's motion that the '306 patent was not anticipated was granted in part. Plaintiff's motion that the '306 patent was not invalid due to lack of enablement was granted. Defendant's motion for summary judgment of invalidity of the '306 patent for failure to disclose the best mode was denied.
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Knova Software, Inc. et al. v. Inquira, Inc., No. 067-381-JJF, Apr. 27, 2007.
Farnan, J. Defendant's motion to dismiss claims of intentional interference with prospective economic relationships and unfair competition was granted. Motion to dismiss unjust enrichment claim was denied.
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IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Apr. 25, 2007.
Robinson, C.J. Motion for reconsideration of the denial of a permanent injunction based on newly identified evidence was granted in part.
Continue Reading...Robinson, C.J. The Court found no inequitable conduct after a bench trial.
Continue Reading...Prism Technologies LLC v. Verisign, Inc. et al., No. 05-214-JJF, Apr. 2, 2007.
Farnan, J. The court issued a Markman decision on disputed terms.
Continue Reading...Block Drug Co., Inc. v. Sedona Labs., Inc. et al.,No. 06-350-***, April 19, 2007
Thynge, Magistrate Judge. Plaintiff sought production of 2 agreements between Defendants Sedona and Nutri-Health. Certain portions of an agreement of “Confidentiality of Shared Opinion” were ordered produced after in camera review. A settlement agreement was not required to be produced.
Continue Reading...Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.
Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied. Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied. Claims of unfair business practices were bifurcated from the infringement trial.
Continue Reading...Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.
Continue Reading...In Re: '318 Patent Infringement Litigation, No. 05-356-SLR, Mar. 1, 2007.
Robinson, J. A motion seeking return or destruction of privileged documents inadvertently produced was granted in part and denied in part.
Continue Reading...Thynge, J. This is the Court's construction of additional claims identified as disputed.
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IMX, Inc. v. LendingTree, LLC, No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. Defendant’s motion for JMOL and new trial was denied. Plaintiff’s motion for enhanced damages was granted. Plaintiff’s motion for a permanent injunction was denied with leave to supplement briefing.
Continue Reading...IMX, Inc. v. LendingTree, LLC, D. Del. No. 03-1067-SLR, Jan. 10, 2007.
Robinson, J. After bench trial on inequitable conduct, the court found the patent was not unenforceable due to failure to disclose prior art.
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Pernod Ricard USA, LLC v. Bacardi U.S.A., Inc., No. 06-505-SLR, Dec. 19, 2006.
Robinson, J. Motion to transfer is denied.
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Farnan, J. Motion to dismiss without prejudice count II of the complaint, seeking a declaratory judgment that Hartford has no duty to indemnify Interdigital in connection with Nokia’s Lanham Act claim, is granted.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 20, 2006.
Jordan, J. Motion for reargument and reconsideration of previous ruling of non-infringement is denied.
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Epic Systems Corporation v. Acacia Research Corporation et al., No. 06-255-JJF, Nov. 16, 2006.
Farnan, J. Motion to dismiss or transfer venue is granted in part and denied in part.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.
Jordan, J. Plaintiff’s motion for partial summary judgment that certain evidence cannot qualify as prior art is denied.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 30, 2006.
Jordan, J. Plaintiff’s motion for summary judgment that the patent-in-suit is not unenforceable due to alleged inequitable conduct is denied; defendants’ motion for summary judgment of inequitable conduct is denied.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.
Jordan, J. Plaintiff’s motion for partial summary judgment of no anticipation is denied.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 31, 2006.
Jordan, J. Defendants’ motion for summary judgment of non-infringement is granted.
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Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 26, 2006.
Jordan, J. This Markman decision addresses only those terms that appear to be dispositive of issues raised in pending motions.
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Alloc, Inc. et al. v. Unilin Décor N.V. et al., No. 03-253 (GMS), Oct. 26, 2006.
Sleet, J. Motion to transfer granted.
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LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.
Robinson, J. Summary judgment motions based upon invalidity and inequitable conduct are denied. Patent law expert testimony is precluded. Testimony of liability expert will be permitted except expert will not be permitted to opine inconsistently with the court’s claim construction.
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LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.
Robinson, J. Defendants’ motions to dismiss for lack of standing and failure to join a party are denied. Defendant BBW’s motion for summary judgment based on misassignment of the patent to the Greenspan Company rather than The Greenspan Corporation was denied.
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LP Matthews, L.L.C. v. Bath & Body Works, Inc. et al., No. 04-1507-SLR, Oct. 19, 2006.
Robinson, J. Markman ruling with respect to disputed language in two claims of one patent-in-suit.
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SRI International Inc. v. Internet Security Systems, Inc. et al., No. 04-1199-SLR, Oct. 17, 2006.
Robinson, J. Defendants’ motions for summary judgment of invalidity are granted. Plaintiff’s motion regarding no anticipation is denied as moot. Defendants’ motion for failure to disclose best mode is denied as moot.
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Sanofi-Aventis et al., v. Advancis Pharmaceutical Corp., No. 03-1083-SLR, Sept. 26, 2006.
Robinson, J. After a bench trial in May, 2005, the court issued findings of fact and conclusions of law and ruled in favor of Aventis in this trademark infringement action. The court will order a permanent injunction and cancellation of defendant’s trademark.
Positec USA Inc. et al. v. Milwaukee Electric Tool Corp., No. 05-890 GMS, Sept. 25, 2006.
Sleet, J. The court denied a motion to dismiss this declaratory judgment action alleged to be unripe due to no objectively reasonably apprehension of imminent suit.
Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., No. 04-1371–JJF Sept. 20, 2006.
Farnan, J. Court grants 3 of 19 motions in limine filed by defendants, and 1 1/2 out of 5 motions filed by plaintiff.
Pharmacia & Upjohn Co. v. Sicor Inc. et al., No. 04-833-KAJ, Aug. 17. 2006.
Jordan, J. The Court construed claims regarding patent disclosing a “sterile, pyrogen-free, ready-to-use solution of anthracycline glycoside” used for treating tumors. Defendants’ motions for summary judgment of non-infringement and invalidity for lack of written description were denied. The Court granted plaintiff’s motion regarding defendants’ anticipation defense, and denied defendants’ motion on anticipation. Plaintiff’s motion regarding defendants’ unclean hands defense was denied.
Novozymes A/S v. Genencor International, Inc. et al., No 05-160-KAJ, Aug. 24, 2006.
Jordan, J. Defendants were found to infringe an enforceable patent relating to alpha-amylase enzymes after bench trial. A bench trial on willfulness and damages will follow. The 64-page opinion also addresses claim construction.
Praxair, Inc. et al. v. ATMI, Inc. et al., No. 03-1158-SLR, Aug. 17, 2006
Robinson, J. Motion for judgment as a matter of law, or alternatively for a new trial, is denied. Defendant’s argument that no reasonable jury could have found that defendant’s products infringe was rejected. Expert’s unrebutted yet conclusory testimony failed to persuade the jury and does not meet the necessary clear and convincing standard. New trial unwarranted since excluded evidence resulted from trial by ambush tactics.
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Affymetrix, Inc. v. Illumina, Inc., No. 04-901-JJF, Aug. 16, 2006.
Farnan, J. The court construed 15 terms after a Markman hearing on April 20, 2006.
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Affymetrix, Inc. v. Illumina, Inc., No. 04-901-JJF, Aug. 16, 2006.
Farnan, J. Defendant’s motion to dismiss count II relating to U.S. Patent No. 5,795,716 because of lack of title to the ‘716 patent and therefore lack of standing was denied.
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Monsanto v. Syngenta Seeds, Inc. et al., No. 04-305-SLR, Aug. 4, 2006.
Robinson, J. Syngenta foreign holding companies’ motion to dismiss for lack of personal jurisdiction is granted. The disputed technology involves glyphosate-tolerant corn.
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Monsanto v. Syngenta Seeds, Inc., et al., No. 04-305-SLR, Aug. 4, 2006.
Robinson, J. Syngenta’s motion to dismiss Monsanto’s counterclaims of reverse passing off and false advertising under the Lanham Act was granted. Syngenta’s motion to dismiss Monsanto’s counterclaim alleging violations of the Delaware Deceptive Trade Practices Act was denied. The disputed technology relates to glyphosate-tolerant corn.
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Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, July 28, 2006.
Farnan, J. Patentee’s motion to compel two claims charts where privilege was waived due to advice-of-counsel defense was denied.
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Forest Laboratories, Inc. v. Ivex Pharmaceuticals, Inc., No. 03-891-JJF July 25, 2006.
Farnan, J. After a bench trial, the court sustained about 10 out of 30 evidentiary objections after post-trial briefing.
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Ampex Corp. v. Eastman Kodak Co., et al., No. 04-1373-KAJ, July 17, 2006.
Jordan, J. Plaintiff’s motion to compel production of privileged documents denied.
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Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc. et al., No. 03-891-JJF; July 13, 2006.
Farnan, J. After 5-day bench trial, court finds defendants have not established that the patents-in-suit are invalid as anticipated, obvious, or impermissibly broadened upon reissue, nor that a patent is unenforceable for inequitable conduct.
Zoetics, Inc. et al., v. Yahoo!, Inc., No. 06-108-JJF, July 6, 2006.
Farnan, J. Motion to stay action and transfer is denied. Despite the fact that New York would be more convenient for the witnesses, and the bankruptcy proceedings were pending in New York, the plaintiff’s choice of forum was paramount.
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Toshiba Corp. v. Juniper Networks, Inc., No. 03-1035-SLR, June 28, 2006.
Robinson, J. Claim construction opinion.
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Thales Airborne Systems S.A. et al. v. Universal Avionics Systems Corp., No. 05-853-SLR, June 21, 2006.
Robinson, J. Defendant’s motion to transfer is denied. A motion to enjoin a New Jersey suit with additional patents in dispute filed hours after the Delaware suit is granted with respect to patents already part of the Delaware action and denied with respect to patents first filed in New Jersey.
Ciba Specialty Chemicals Corp. v. Hercules Inc., et al., No. 04-293-KAJ, June 20, 2006.
Jordan, J. The court narrowly construes “cross-linking agent” and “microbead” based upon statements made during prosecution. Request for construction of other claims is denied without prejudice. Defendant’s motion for summary judgment of non-infringement due to the absence of a “cross-linking agent” and “microbead” in the accused product. is granted. Plaintiff’s motion for summary judgment of infringement under the doctrine of equivalents is denied.
Turn of the Century Solution, L.P. v. International Rectifier Corp., No. 05-816-SLR, June 15, 2006.
Robinson, J. Motion to transfer to California where breach of contract case relating to patents was filed was denied.
Cordis Corporation v. Boston Scientific Corp., et al., No. 03-027-SLR, May 11, 2006.
Robinson, J. Juries found for plaintiff against defendants in separate trials. Defendants’ motions for JMOL are denied. Plaintiff’s motion for JMOL or new trial on infringement and invalidity of ‘021 patent is denied. BSC’s motion for reconsideration of the “without prejudice” aspect of order dismissing claims against one product is denied.
Monsanto Company et al. v. Syngenta Seeds, Inc., et al., C.A. 04-305-SLR, May 10, 2006.
Robinson, J. Defendants’ motions for summary judgment of non-infringement of two patents-in-suit, and non-enablement of the third patent were granted. Other motions denied as moot.
Commissariat A L'Energie Atomique v. Samsung Electronics Co., Ltd., No. 03-484-KAJ, Apr. 18, 2006.
Jordan, J. Redacted opinion regarding Defendants’ motion to disclose material designated as highly confidential pursuant to the protective order to defendants. The motion was granted.
McKesson Information Solutions LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 17, 2006.
Robinson, J. Pretrial order regarding disputed deposition designations.
McKesson Information Solutions, LLC v. The Trizetto Group, Inc., No. 04-1258-SLR, Apr. 5, 2006.
Robinson, J. Plaintiff’s motion for summary judgment of infringement is denied due to genuine issues of material fact. Defendant’s motion is granted in part where plaintiff’s experts have not performed a structure to structure comparison as required in a means plus function infringement analysis. It is otherwise denied.
Continue Reading...Power Integrations, Inc., v. Fairchild Semiconductor International, Inc., et al.,
No. 04-1371-JJF, March 31, 2006.
Farnan, J. Claim construction decision with respect to patents which relate to integrated circuit devices used in power supplies. The Court construes 16 claim terms from 4 patents. It declines at this juncture to import a limitation from a claim term not found in the patent.
Sony Electronics, Inc. et al. v. Orion IP, LLC, No. 05-255-GMS, Mar. 14, 2006.
Sleet, J. Motion to dismiss or stay under first-filed rule is granted in part and denied in part. Claims of plaintiff who was a party to Texas action were severed and transferred.
Robinson, J. Plaintiffs’ motion for entry of judgment was affirmed in part and denied in part. Plaintiffs requested prejudgment interest through the entry of judgment after appeal. Prejudgment interest was allowed only up to the date of the original district court judgment.
Farnan, J. Motion to dismiss claims against individual defendants for improper venue granted. Defendants’ motion to dismiss or stay is granted.
Continue Reading...Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Mar. 8, 2006.
Robinson, J. Motion for reconsideration granted. Various requests for clarification are addressed.
Guidant Corp. et al. v. St. Jude Medical, Inc. et al., No. 04-0067-SLR, Jan. 6, 2006.
Robinson, J. Motion for summary judgment that reissued patent is invalid under “Recapture Rule” was denied.
Continue Reading...Corning Incorporated, et al. v. SRU Biosystems, et al., No. 03-633-JJF, Mar. 7, 2006.
Farnan, J. No inequitable conduct found. SRU is permanently enjoined from engaging in infringing activity.
Continue Reading...Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Feb 22, 2006.
Robinson, J. Court construes 16 words or phrases.
Continue Reading...Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Feb 22, 2006.
Robinson, J. Plaintiff’s motion for summary judgment of noninvalidity is granted in part, denied in part. Defendant’s motion for summary judgment of invalidity based on lack of written description and indefiniteness is denied.
Continue Reading...Padcom, Inc. v. NetMotion Wireless, Inc., C.A. No. 03-983-SLR, Feb. 22, 2006.
Robinson, J. Defendants’ motion for summary judgment of invalidity with respect to three patents-in-suit denied.
Continue Reading...Padcom, Inc. v. NetMotion Wireless, Inc., C.A. No. 03-983-SLR, Feb. 22, 2006.
Robinson, J. Infringement and noninfringement summary judgment motions granted in part, denied in part.
Continue Reading...eSpeed, Inc. et al. v. Brokertec USA, L.L.C., et al., No. 03-612-KAJ, Feb. 22, 2006.
Jordan, J. Post-trial rulings finding inequitable conduct. No attorneys’ fees awarded despite exceptional case.
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Jordan, J. Court resolved disputes over proposed jury instructions relating to contributory infringement.
Microstrategy Incorporated v. Business Objects Americas, No. 03-1124-KAJ, Jan. 23, 2006.
Jordan, J. Court provided claim construction. Also summary judgment motion regarding noninfringement was granted; motion regarding infringement was denied. Motion as to invalidity of 2 of 3 patents was granted; motion regarding invalidity of third patent was denied. Also denied as moot were defendant’s motions regarding noninfringement of the two invalid patents.
Continue Reading...Corning Inc., et al., v. SRU BioSystems, et al., No. 03-633-JJF, Jan. 20, 2006.
Farnan, J. Motion for reconsideration of prior rulings on invalidity for lack of written description and indefiniteness is denied.
Continue Reading...IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Jan. 10, 2006.
Robinson, J. Motion for reconsideration denied regarding prior summary judgment ruling granting defendant’s motion for partial summary judgment limiting damages pursuant to 35 U.S.C. Section 287(a).
Philips Electronics N. Am. Corp. et al. v. Contec Corp. et al., No. 02-123-KAJ, Jan. 9, 2006.
Jordan, J. Motion for summary judgment on liability of indirect infringement was granted; motion for summary judgment of inducement of infringement was denied as moot. A direct infringement claim was dismissed at the consent of the patentee. Defendants’ motion for summary judgment of noninfringement and failure to provide damages, as well as Plaintiff’s motion for fees and costs, were denied.
IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR; Jan. 6, 2006.
Robinson, J: Pretrial conference request to limit plaintiff from arguing inference based upon the opinion of counsel, which addressed invalidity but not infringement was granted.
The Federal Circuit made it clear in Knorr-Bremse that no adverse inference flows from the failure to obtain an exculpatory opinion of counsel. However, evidence that the opinion of counsel addressed invalidity but not infringement may be considered by the trier of fact in assessing willful infringement taking into account the totality of the circumstances. No inference may be drawn to suggest that such an opinion, had it been acquired, would have been unfavorable to defendant.
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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
