Covenants not to sue warranted dismissal of counterclaims

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.

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Patents-in-suit are found invalid for lack of enablement

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.

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Transfer motion based on "protective" second filing is denied

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.

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Consolidated cases are transferred to California

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.

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Declaratory Judgment Action is dismissed for lack of actual controversy

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.

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Alter ego theory fails; case is dismissed for lack of jurisdiction

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.

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Patent-in-suit found to be both invalid and not infringed

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.

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Court declines to dismiss but asks for transfer briefing

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.

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Delaware action is dismissed in favor of first-filed Tennessee DJ suit

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.

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