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.


Continue Reading...

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.


Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

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...

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.

Continue Reading...

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.


Continue Reading...

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.


Continue Reading...

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.


Continue Reading...

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.


Continue Reading...

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.


Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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...
Tags:

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.

Continue Reading...

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.

 

Continue Reading...

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.


Continue Reading...

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.

 

Continue Reading...

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.

Continue Reading...

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.


Continue Reading...

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.

Continue Reading...

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.

 

Continue Reading...

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.

 

Continue Reading...

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.

 

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...

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.

Continue Reading...