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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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...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.
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
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...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. 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...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...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.
Robinson, J. Court denies plaintiffs’ motion to supplement record and grants request for certification of appealability in two antitrust actions.
Farnan, J. Defendant’s motions to dismiss for lack of standing are granted without prejudice.
Continue Reading...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...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.
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.
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.
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...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...Robinson, J. Defendant’s motion to dismiss antitrust claims is granted.
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...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...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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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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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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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.
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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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
