A jury instruction regarding FDA letter is appropriate

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.

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Transfer was appropriate where plaintiff was not a Delaware corporation

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.

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Defendants abandoned their inequitable conduct counterclaim

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.

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Severing competitors is not warranted due to commonality of accused products

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.

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Patent claim is found obvious in view of prior art

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.

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Monetary sanction imposed for corporation's failure to obtain counsel

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.

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Expert testimony was excluded in part and allowed in part in trial on damages.

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.

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Patent is invalid for failure to disclose best mode

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.

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Use of evidence in violation of trial practice guidelines warranted new trial

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.

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Untimely JMOL motion considered under "unique circumstances" doctrine

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.

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Patent claims are invalid due to lack of written description

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.

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Withdrawal of recusal motion is granted with prejudice

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.

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Motion for leave to file surreply brief and motion for summary judgment are granted

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.

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Third party intervention allowed to challenge protective order

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.

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Damages and willfulness are bifurcated; summary judgment is denied

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.

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Unauthorized supplemental expert declaration is permitted

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.

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Antitrust claims are dismissed without prejudice pending appeal

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.

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Magistrate sets procedure for claim construction

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.

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Stay pending reexamination is granted

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.


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