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.
Stark, M.J. Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.
Continue Reading...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...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.
Continue Reading...Sleet, C.J. Court denies renewed motion to dismiss for lack of personal jurisdiction.
Continue Reading...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 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...Bank of America, N.A., v. S.I.P. Assets, LLC et al., C.A. No. 07-159-GMS, September 11, 2007.
Sleet, C.J. Defendant EPC’s motion to transfer is granted. Defendant SIP’s motion to dismiss for lack of subject matter jurisdiction is denied as moot.
Continue Reading...Robinson, J. Defendant’s motion to dismiss antitrust claims is granted.
Continue Reading...Farnan, J. Defendant’s motion to dismiss German parent corporation for lack of personal jurisdiction is granted.
Continue Reading...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...Robinson, J. Motions to transfer venue and consolidate were denied. Motions for extension of time to answer complaints were denied and the answers would be due in 18 days.
Continue Reading...Amgen, Inc. et al. v. Ariad Pharmaceuticals, Inc., No. 06-259-MPT, Mar. 27, 2007.
Thynge, J. Defendant’s motion to dismiss for failure to join a party, or alternatively to transfer, was denied.
Continue Reading...In Re: '318 Patent Infringement Litigation, No. 05-356-SLR, Mar. 1, 2007.
Robinson, J. A motion seeking return or destruction of privileged documents inadvertently produced was granted in part and denied in part.
Continue Reading...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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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...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.
Nokia Corp. et al. v. Qualcom, Inc., No. 06-509-JJF, Aug. 29, 2006.
Farnan, J. Motion to remand to Chancery Court for interpretation of contractual agreements is granted in the absence of a substantial question of patent law.
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.
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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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...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...Affinion Loyalty Group, Inc. v. Maritz, Inc., C.A. 04-360-JJF, May 22, 2006.
Farnan, J. Defendant moved to dismiss for lack of subject matter jurisdiction due to a corporate acquisition which assigned rights to patents-in-suit to Affinion Patents, leaving Affinion Loyalty without standing. The court substituted Affinion Patents for Affinion Loyalty.
Fairplay Electric Cars, LLC v. Textron Innovations, Inc., No. 06-60-JJF, May 15, 2006.
Farnan, J. Georgia court preliminarily enjoined Fairplay from marketing golf cars. Fairplay sought a declaratory judgment of non-infringement in Delaware relating to a golf car not accused in the Georgia action. Textron moved to dismiss, transfer, or stay the second-filed Delaware action. The motion was granted.
Sony Electronics, Inc. et al. v. Orion IP, LLC, No. 05-255-GMS, Mar. 14, 2006.
Sleet, J. Motion to dismiss or stay under first-filed rule is granted in part and denied in part. Claims of plaintiff who was a party to Texas action were severed and transferred.
Continue Reading...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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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
