Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

Keurig, Incorporated v. Strum Foods, Inc., Civ. No. 10-841-SLR, March 10, 2011.

Robinson, J.  Plaintiff's motion for a preliminary injunction is denied. Defendant's motion to dismiss for failure to state a claim is denied.

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Tyco Healthcare Group, LP v. C.R. Bard, Inc., and Davol, Inc., Civ. No. 09-264-SLR, January 20, 2011.

Robinson, J.  Plaintiff’s motion to bifurcate false marking claims is granted in part and denied in part; plaintiff’s motion to strike portions of expert report is denied; defendants’ motion to amend disputed claim chart is denied as moot; plaintiff’s motion for summary judgment for obviousness-type double patenting is granted; defendants’ motion for summary judgment regarding mismarking is granted – intent and damages to be tried to the court following jury trial; defendants’ motion for summary judgment as to invalidity due to inadequate written description is denied as moot; defendants’ motion for summary judgment of non-infringement is granted in part and denied in part; plaintiff’s motion for leave to serve supplemental expert report is denied.

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Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010.

Robinson, J.  Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents.  Plaintiff’s infringement motion is granted in part. Defendant’s motion for summary judgment of invalidity for anticipation and obviousness is granted with respect to one patent and denied as to others.  Defendant’s motion for noninfringement is granted in part and denied in part.  Defendant’s motion for failure to mark is granted with respect to 6 patents and denied as to a seventh patent.  Defendant’s motion for summary judgment of no willful infringement is denied without prejudice to renew.

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Leader Technologies, Inc. v. Facebook, Inc., Civil Action No. 08-862a-LPS, June 24, 2010.

Stark, M. J.  Defendant’s Motion For Leave To Amend Its Responsive Pleading To Add A Defense And Counterclaim Of Inequitable Conduct And To Amend Its False Marking Counterclaim is granted in part and denied in part.

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