Intellectual Ventures I LLC, et al. v. Altera Corporation, et al., C. A. No.10-1065-LPS, January 23, 2012.
Stark, J. Defendants’ motion to transfer is denied. Defendants’ motion to dismiss or consolidate is denied as to dismissal and granted as to consolidation.
Continue Reading...Ateliers de la Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.) Bröetje-Automation GmbH (German Corp.) Civil Action No. 09-598a-LPS, October 13, 2011.
Stark, J. Motion to dismiss for lack of subject matter jurisdiction is denied.
Continue Reading...Somaxon Pharmaceuticals, Inc., et al. v. Par Pharmaceutical, Inc., et al., Civ. No. 11-107-SLR, July 28, 2011.
Robinson, J. Defendants’ motion to dismiss or, in the alternative, for a more definite statement is granted. Counterclaim Counts III through XIV dismissed for lack of subject matter jurisdiction.
Continue Reading...Intellectual Ventures I LLC v. Checkpoint Software Technologies LTD., et al., Civ. No. 10-1067-LPS, June 22, 2011.
Stark, J. Motion to transfer is denied.
Continue Reading...Gian Biologics, LLC v. Biomet Inc. and Biomet Biologics, LLC, Civil Action No. 10-865-LPS, June 21, 2011.
Stark, J. Stay was entered pending completion of discovery on personal jurisdiction and venue issues.
Continue Reading...Belden Technologies, Inc., v. LS Corp., et al., Civ. No.08-823-SLR, September 30, 2010.
Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is granted and the case is transferred to United States District Court for the District of New Jersey.
Continue Reading...Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, August 24, 2010.
Robinson, J. The Court issues a Markman decision on 14 terms for 6 of the 7 patents in suit.
Continue Reading...Boram Pharm. Co., LTD v. Life Technologies Corp., Civil Action No.10-31-HB III, July 14, 2010.
Bartle, J. (sitting by designation) Defendant’s motion to transfer the case to the Southern District of California is granted.
Continue Reading...Pfizer Inc., et al. v. Sandoz Inc., Civil Action No.09-742-JJF, January 20, 2010.
Farnan, J. Defendant’s motion to transfer is denied. The Court reserves decision on Plaintiff’s motion to enjoin defendant from proceeding with its later filed suit in the District of Columbia.
Continue Reading...Qinetiq Limited v. Oclaro, Inc., Civil Action No. 09-372-JAP, December 18, 2009.
Pisano, J. Defendant’s motion to transfer the litigation to the Northern District of California is granted.
Continue Reading...Mallinckrodt Inc. and Liebel-Flarsheim Co. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, November 20, 2009.
Farnan, J. Defendants’ Motion To Dismiss For Failure To State A Claim Under Rule 12(b)(6) is granted as to the indirect infringement claims, but denied as to the direct infringement claim. Plaintiffs will be given leave to amend. Defendants’ Motion to Transfer is denied.
Continue Reading...Teleconference Systems v. Proctor and Gamble Pharmaceuticals, Inc., Civil No. 09-200-JBS/JS, November 25, 2009.
Schneider, M. J. Cisco's request to stay the Cisco action until its California declaratory judgment action is concluded is denied. Furthermore, Cisco and H-P’s requests to stay and sever plaintiff's customer claims and only transfer plaintiff's claims against Cisco and H-P to California are denied. Except as to the individual defendant, Cisco and H-P’s request to transfer the entirety of these actions to California is granted. Plaintiff's claim against the individual defendant will be severed and stayed and will remain in Delaware.
Continue Reading...Stored Value Solutions Inc. v. Card Activation Technologies Inc., C.A. No. 09-495-JJF, November 20, 2009.
Farnan, J. Defendant’s motion to transfer to the Northern District of Illinois is denied.
Continue Reading...Microsoft Corporation v. Webxchange Inc., C.A. No. 09-484-JJF, October 30, 2009.
Farnan, J. Defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction is granted.
Continue Reading...CNH America LLC and Blue Leaf I.P., Inc. v. Jon E. Kinzenbaw and Kinze Manufacturing, Inc.,
C.A. No. 08-945-GMS, November 9, 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of jurisdiction over the person and improper venue and to transfer venue is granted in part and denied in part.
Continue Reading...Ethicon Endo-Surgery, Inc. v. Hologic, Inc., and Suros Surgical Systems, Inc., C.A. No. 09-580-JJF, October 15, 2009.
Farnan, J. Defendants’ motion to transfer venue is denied.
Continue Reading...Infineon Technologies AG, et al. v. Fairchild Semiconductor International, et al., Civ. No. 08-887-SLR-LPS, September 30, 2009.
Stark, M. J. Plaintiffs’ motion to amend their complaint to additional patents is granted. Costs associated with the motion are denied.
Continue Reading...Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.
Stark, M. J. Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.
Continue Reading...Eurofins Pharma US Holdings, Inc., et al. v. Bioalliance Pharma SA, et al., C.A. No. 08-613-GMS, September 18, 2009.
Sleet, C. J. Defendants’ motion to dismiss for lack of personal jurisdiction, failure to state a claim, and forum non conveniens is granted.
Continue Reading...Boston Scientific Corporation, et al. v. Wall Cardiovascular Technologies, LLC, et al., Civ. No. 08-489-SLR, August 24, 2009.
Robinson, J. Defendants’ Motion to Dismiss for lack of personal and subject matter jurisdiction is granted.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, August 27, 2009.
Sleet, C.J. On March 9, 2009, the Magistrate issued a report and recommendation regarding certain defendants’ motions to dismiss and, in the event jurisdiction is lacking, plaintiff’s motion to transfer. The Court overruled the objections and adopted the Magistrate’s rulings.
Continue Reading...Accenture Global Services GMBH, et al. v. Guidewire Software, Inc., Civ. No. 07-826- SLR, July 29, 2009.
Robinson, J. Court rules that it is without jurisdiction to resolve a work product dispute asserted by plaintiff’s attorney representing nonparty at a deposition taken outside this jurisdiction.
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...Safety Braking Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-JJF, June 9 , 2009.
Farnan, J. Defendants’ Motion to Transfer to the Central District of California is denied.
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...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...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...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, March 9, 2009.
Stark, M.J. Plaintiffs’ motions to transfer action as to certain defendants is granted. Certain defendants’ motion to dismiss for lack of personal jurisdiction is dismissed as moot.
Continue Reading...Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.
Robinson, J. Defendant’s motion to transfer venue of this matter to the Northern District of California 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...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...Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al., Civ. No. 08-67-JJF, December 19, 2008.
Farnan, J. Defendants’ motion for change of venue is denied.
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...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...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...Amgen, Inc., et al. v. Ariad Pharmaceuticals, Inc., et al., C.A. No. 06-259-MPT, October 3, 2008.
Thynge, M.J. Magistrate grants defendants’ motion for judgment pursuant to Fed.R.Civ.P. 54(b) and stays plaintiffs’ invalidity and unenforceability claims and defenses pending disposition of the appeal.
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...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...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.
LG Philips LCD Co., Ltd, v. Chi Mei Optoelectronics, et al., and AU Optronics Corporation v. LG. Philips LCD, Co., Ltd, et al., C.A. Nos. 06-726 and 07-357-JJF, April 29, 2008.
Farnan, J. Defendants’ motions to dismiss for lack of personal jurisdiction and improper service of process are denied. Plaintiff’s motions for sanctions and for leave to take jurisdictional discovery are denied.
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.
Robinson, J. Court denies motion to reconsider prior dismissal order.
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.
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...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.
Continue Reading...
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.
Continue Reading...
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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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.
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
