Claims are construed in communications patent
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
Claims are construed in communications patent
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
Claims are construed in communications patent
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
Patent claims held invalid due to nonstatutory double patenting
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.
Continue Reading...Case is dismissed due to first-filed Texas action naming incorrect affiliate
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.
Case is dismissed for lack of standing
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.
Court denies cross-motions for summary judgment on claims for breach of settlement agreement
Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.
Non-party is sanctioned for vexatious conduct during discovery dispute
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.
Court lacks jurisdiction over interference appeal
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.
Court issues contempt order against defendant for failure to abide by injunction
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
Continue Reading...Case is transferred to Texas where litigation was first filed
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
Continue Reading...Court denies motion to disqualify law firm
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.
Subpoena conduct allegations result in evidentiary hearing
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.
Court orders limited discovery on stream of commerce theory of jurisdiction
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...Discovery is permitted in review of interference judgment
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...Jurisdiction upheld in declaratory judgment action
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...Inequitable conduct claims survive but false marking claims are ruled untimely
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.
No infringement, invalidity or inequitable conduct found after bench trial
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.
Continue Reading...Attorneys' fees awarded in exceptional case
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...Prior existence of nonexclusive licenses is no bar to standing
Stark, M.J. Magistrate recommends that defendant’s motion to dismiss for lack of standing be denied.
Continue Reading...Inequitable conduct defense withstands motion to dismiss
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...Licensee lacked standing where patentee, not a party, retained rights to sue
Robinson, J. Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.
Continue Reading...Court denies attorney fees in patent infringement case
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...E-mail marketing is a sufficient contact for personal jurisdiction in Delaware
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...Court denies defendants' motion to stay pending resolution of jurisdictional challenge
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...Motion to amend and to supplement an inequitable conduct counterclaim is granted over futility argument
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...Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions
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...Post-trial briefing is limited to trial record
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...Patent law experts are precluded from trial
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.
Continue Reading...Reconsideration of summary judgment ruling is denied
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.
Continue Reading...Court denies plaintiff's motion to reconsider
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.
Continue Reading...Partial grant of Rexam's motions for summary judgment based on invalidity and non-infringement of beverage can patents
Thynge, J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.
Continue Reading...Motion to Reconsider Court's prior ruling on forum shopping denied
Motion to supplement record and request for certification of appealability in two antitrust actions
Robinson, J. Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.
Motion for a preliminary injunction denied in infringement case
Robinson, J. Court denies plaintiff’s motion for a preliminary injunction.
Continue Reading...Motion to dismiss based on lack of personal jurisdiction
Sleet, C.J. Court denies renewed motion to dismiss for lack of personal jurisdiction.
Continue Reading...Plaintiffs have no standing to sue
Farnan, J. Defendant’s motions to dismiss for lack of standing are granted without prejudice.
Continue Reading...Sanctions awarded due to improper deposition objections
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...Claim construction provided only tentative until prayer conference
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...Claim construction opinion issues in venlafaxine litigation
Wyeth v. Impax Laboratories, Inc., C.A. No.06-222-JJF, December 13, 2007.
Farnan, J. Claim construction opinion.
Continue Reading...Summary judgment of infringement granted in beverage container case
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...Sanctions imposed due to contact with employee of opposing party's affiliate
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.
Patentee wins forum shopping contest
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...Court makes evidentiary rulings; willfulness and damages are bifurcated
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 prevails in Lipitor battle
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.
Experts' testimony is limited in golf ball case
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.
Patentee prevails on anticipation and breach of contract claims
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.