Defendants' ties to Delaware are insufficient to confer jurisdiction

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.

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Scienter is adequately pled in trademark suit

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.

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Jurisdictional discovery is allowed following jurisdiction and venue challenges

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.

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Rule 25(c) extends personal jurisdiction to substituted defendant

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.

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Tortious interference counterclaim is preempted by federal patent law but inequitable conduct counterclaim remains

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.

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Jurisdiction is proper where accused product sold to Delaware company is sold in components to Delaware plants

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.

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Limited discovery is ordered in §291 interference action

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.

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Subject matter jurisdiction challenge fails

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.

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Lack of subject matter jurisdiction challenge fails

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.

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Complaint alleging misuse of confidential information survives 12(b)(6) attack

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.

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Plaintiff has standing to bring infringement action

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.

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Trade secret claim is time barred

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.

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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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Plaintiff fails to establish that the agency or alter ego theories of jurisdiction apply

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.

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Plaintiff jumps the gun in filing declaratory action against patent troll

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.

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Objection to M.J.'s report declining to dismiss Defendant's U.S. subsidiary is overruled

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.

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Court declines to dismiss antitrust claims other than restraint of trade count

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.

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Motion to dismiss inventorship action is denied without prejudice

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.

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Motion to dismiss for insufficient pleading is denied

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.

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DJ action is dismissed in the absence of actual controversy

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.

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Covenant not to sue does not defeat subject matter jurisdiction

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.

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Failure to seek rehearing by the Board of Patent Appeals results in dismissal

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.

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Magistrate considers several dismissal motions and recommends that they be granted in part and denied in part

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.

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Motion to dismiss or transfer related counterclaim denied and jury demand is stricken given request for equitable relief

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.

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No controversy exists where plaintiff disclaims interest in patent

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

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Court lacks jurisdiction over settlement agreement in the absence of order

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.

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DJ plaintiff's forum-seeking strategy results in dismissal

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.

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Stay is entered pending resolution of ownership

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.

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Court grants parties' competing motions to dismiss certain claims and counterclaims

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.

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Mixed ruling issues in antitrust case regarding sham litigation claims

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.

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Covenant not to sue results in partial dismissal of action

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.

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Reconsideration granted; Magistrate recommends finding of standing.

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.

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Evidence of intent to serve the Delaware market overcomes jurisdictional challenge

Power Integrations, Inc., v. BCD Semiconductor Corporation et al., C.A. No. 07-633-JJF-LPS, August 1, 2008.

Stark, J. Motion to dismiss is denied following jurisdictional discovery where evidence shows defendant’s intent and purpose to serve the Delaware market.

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Case is transferred to Arizona due to a hardship

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.

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Declaratory judgment action is dismissed due to no controversy alleged

Indemnification action survives motion to dismiss

Valeo Sistemas Electricos S.A. DF. C.V., v. CIF Licensing, LLC, d/b/a GE Licensing, CA No. 06-627-GMS, July 11, 2008.

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.

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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.


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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.


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Case is transferred to Texas where litigation was first filed

Jurisdiction upheld in declaratory judgment action

Samsung Electronics Co., Ltd, et al., v. On Semiconductor Corp., et al., C.A. No. 06-720-JFF, April 3, 2008.

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.

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Prior existence of nonexclusive licenses is no bar to standing

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.

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Licensee lacked standing where patentee, not a party, retained rights to sue

Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, C.A. No. 07-190-SLR, March 7, 2008.

Robinson, J.  Court conditionally grants motion to dismiss where plaintiff licensee lacked standing unless patentee is joined by date certain.

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E-mail marketing is a sufficient contact for personal jurisdiction in Delaware

Tristrata Technology, Inc. v. Emulgen Laboratories, Inc, et al., C.A. No. 06-652-JJF, February 25, 2008.

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.

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Court denies defendants' motion to stay pending resolution of jurisdictional challenge

Power Integrations, Inc., v. BCD Semiconductor Corporation, et al., C.A. No. 07-633-JJF-LPS, February 11, 2008.

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.

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Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions

Boston Scientific Corporation, et al., v. Johnson & Johnson, et al., C.A. Nos. 07-333, 07-348, 07-409 and 07-765-SLR, January 24, 2008.

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.

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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.

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Motion to supplement record and request for certification of appealability in two antitrust actions

Plaintiffs have no standing to sue

Patentee wins forum shopping contest

Abbott Laboratories, et al. v. Johnson & Johnson, Inc. and Cordis Corporation, C.A. Nos. 06-613-SLR and 07-259-SLR, November 28, 2007.

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.

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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.


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Actual controversy exists despite removal of accused references from website

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.


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Case dismissed due to first-filed action in Texas against related party

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.


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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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Covenant not to sue moots first of two challenges to subject matter jurisdiction

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.


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Summary judgment in antitrust action is denied; jurisdictional and venue defenses are upheld

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.

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Pleading of false advertising claim results in dismissal

Dueling attempts to preliminarily enjoin and to dismiss complaint both fail

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.

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Antitrust claims were governed by forum selection clause

Failure to mark results in dismissal; laches evidence to be presented to jury

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 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.

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This Court has no jurisdiction over German parent of Delaware subsidiaries

Dismissal granted based on first-to-file rule

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.

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Res judicata based on arbitration ruling resulted in dismissal of one defendant

Digene Corporation v. Ventana Medical Systems Inc., et al., No. 01-752-MPT, June 12, 2007.

Thynge, J.  Beckman Coulter, Inc.’s motion to dismiss on res judicata grounds based upon a favorable arbitration decision was granted. Continue Reading...
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ANDA case dismissed over generic company's objection

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.

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Two of three state law claims were dismissed. Discovery was stayed as to unjust enrichment

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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Patent misuse defense was sufficiently pled

Civil conspiracy to commit patent infringement and evade discovery is not actionable

Digene Corporation v. Ventana Medical Systems, Inc., et al., No. 01-752-MPT, Mar. 6, 2007.

Thynge, J.  A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.


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Threatening letter sufficient to establish actual controversy

Court is unpersuaded by champetry argument

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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Court construes claims relating to skin care product

Threat against Chinese affiliate provided reasonable apprehension of suit by American company importing accused product

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.

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Declaratory judgment action dismissed as unripe

Angiodynamics v. Diomed Holdings, Inc., No. 06-02 –GMS Sept. 7, 2006.

Sleet, J.  Declaratory judgment action was dismissed due to no justiciable controversy.  A motion to amend the complaint was also denied as futile.


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DJ count dismissed as unripe where accused product lacked FDA approval; stay granted pending reexamination

Abbott Diabetes Care, Inc. v. Dexcom, Inc., No. 05-590 GMS, Aug. 16, 2006.

Sleet, J.  Motion to dismiss complaint is granted as to declaratory judgment count, and denied as to infringement count; motion to strike amended complaint is granted; and motion to stay pending reexamination is granted.

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Consulting agreement provided standing to bring suit

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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Stream of commerce insufficient basis for personal jurisdiction over foreign holding companies

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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Seed, not its resistant trait, is protected by the Lanham Act

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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Trade secret count survives motion to dismiss

New Lanham Act claims added on eve of expert discovery claims permitted

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, June 8, 2006.

Farnan, J.  Plaintiff’s motion to amend complaint to assert Lanham claims and to dismiss counterclaims based on testimony that accused product was never implemented was granted.

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Case remanded to Chancery Court after dismissal of Lanham Act claims

Crown Packaging Technology, Inc. v. Albermarle Corp., Inc., No. 05-892-JJF, June 8, 2006.

Farnan, J.  Defendant’s motion to dismiss Lanham Act claims was granted.  Supplemental state court claims were remanded to the Court of Chancery.

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Covenant not to sue allows plaintiff to dismiss its patent suit with prejudice

Merck & Co., Inc. v. Watson Laboratories, Inc., No. 658-GMS, June 2, 2006.

Sleet, J.  Plaintiff’s motion to dismiss its patent suit with prejudice is granted after plaintiff gave defendant a covenant not to sue.

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Antitrust component of patent dispute withstands motion to dismiss

Court declined to dismiss, bifurcate or stay antitrust counts and permitted 4 patent claims to be added

Synopsys, Inc. v. Magma Design Automation, No. 05-701-GMS, May 25, 2006.

Sleet, J.  The Court denied plaintiff’s motion to dismiss 6 counts of defendant’s amended answer relating to the Sherman Act, Lanham Act and state law claims.  It further denied plaintiff’s motion to bifurcate or stay the antitrust claims from the patent claims.  Defendant’s motion to amend to add four counterclaims of patent infringement was granted.

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