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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Plaintiff's request to add additional inventors under §256 is denied

Vanderbilt University v. ICOS Corporation, Civ. No. 05-506-SLR, January 27, 2009.

Robinson, J.  Court denies plaintiff’s request to add its scientist employees as inventors to the two patents-in-suit assigned to defendant.

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Jury verdict for willful infringement is upheld without enhanced damages

Telcordia Technologies, Inc. v. Cisco Systems, Inc., C.A. No. 04-876-GMS, January 6, 2009.

Sleet, C.J.  Defendant’s JMOL motion and motion for a new trial on willful infringement are denied; plaintiff’s motion for a permanent injunction is denied.  Parties are ordered to meet and confer on royalty rate going forward; plaintiff’s request for prejudgment interest and an accounting is granted but request for enhanced damages and attorney fees and expenses is denied.

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Defendants deemed first inventor of contested subject matter

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.

Robinson, J.  Defendants’ motion for summary judgment of invalidity is granted. Plaintiff’s motion for summary judgment of no invalidity is denied.

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Motions for new trial and JMOL on damages denied after remand.

Cordis Corp. v. Medtronic Vascular, Inc., et al., C.A. No. 97-550-SLR (Consolidated); Boston Scientific Corporation, et al. v. Ethicon, Inc., et al. C.A. No. 98-19-SLR, September 15, 2008.

Robinson, J.  Following decade-long litigation, the Court grants Cordis’ motion for entry of final judgment and denies BSC’s motion for new trial and Medtronic’s motion for JMOL on lost profit damages.

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Patent claims held invalid due to nonstatutory double patenting

Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008.


Farnan, J.  After a bench trial, the Court issued findings of fact and conclusions of law.  The Court ruled that disputed claims were infringed, but that the claims at issue are invalid for nonstatutory double patenting.

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JMOL and new trial were denied in stent case

Delaware the wrong forum for inventorship dispute

St. Clair Intellectual Property Consultants, Inc. v. Mirage Systems, Inc. et al., No. 05-273-JJF, Mar. 8, 2006.

Farnan, J.  Motion to dismiss claims against individual defendants for improper venue granted. Defendants’ motion to dismiss or stay is granted.

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