Antitrust claims permitted in MDL patent dispute

In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, June 29, 2009.

Stark, M.J.  A motion to amend complaint filed by equipment vendors is granted.  The Magistrate Judge further recommends that Rembrandt’s motion to strike or dismiss antitrust counter-counterclaims be denied as moot; and a motion for judgment on the pleadings relating to certain claims filed by the cable defendants be denied.

Continue Reading...

Patent-in-suit found to be both invalid and not infringed

Alza Corporation and McNeil-PPC, Inc. v. Andrx Pharmaceuticals, LLC, et al., Civil Action No. 05-642-JJF, March 30, 2009.

Farnan J.  Defendants' declaratory judgment counterclaims pertaining to one of the patents are dismissed without prejudice.  Plaintiffs’ Motion To Strike Portions of Defendants' Post-Trial Findings of Fact is granted and Defendants' Contingent Cross Motion to Strike Portions of Plaintiffs' Post-Trial Findings Of Fact and Conclusions of Law is denied.  In addition the Court finds the remaining patent-in-suit to be both invalid and not infringed.

Continue Reading...

Inequitable conduct defense is allowed but extraneous matter is stricken

Symbol Technologies, Inc. et al. v. Aruba Networks, Inc., C.A. No. 07-519-JJF, March 30, 2009.

Farnan, J.  Plaintiffs’ motion to strike certain portions of the defendant’s answer and counterclaim is granted in part.

Continue Reading...

Foreign declaration found not material

Takeda Pharmaceuticals Company, Ltd., et al. v. Teva Pharmaceuticals USA, Inc., Civ. No. 07-331-SLR, March 4, 2009.

Robinson, J.  This matter arises as a pretrial evidentiary dispute

Continue Reading...

Motion to dismiss or transfer related counterclaim denied and jury demand is stricken given request for equitable relief

Medtronic, Inc. v. Boston Scientific Corporation, et al., C. A. No. 07-823-GMS, November 21, 2008.

Stark, M. J.  Motion to dismiss or in the alternative to transfer defendant’s counterclaim is denied. Court grants defendant’s motion to strike plaintiff’s jury demand.

Continue Reading...

Relitigation of lost profits was precluded by prior ruling on related patents

Honeywell International, Inc., et al. v. Universal Avionics Systems Corp., et al., C.A. No. 02-359-MPT, November 12, 2008.

Thynge, M.J.  Defendants’ motion to preclude plaintiff from relitigating lost profits based on issue preclusion is granted.  Defendant Universal’s motion to preclude lost profits based on double recovery, judicial estoppel and/or implied license is moot.  Defendants’ motion for reconsideration is denied.

Continue Reading...

Motion to strike willfulness claim is granted; exceptional case claim is preserved

Sepracor Inc. v. Dey, L.P. and Dey, Inc., et al., C.A. No. 06-113-JJF, September 26, 2008.

Farnan, J.  Court grants defendants’ motion to strike plaintiff’s willfulness allegations but preserves plaintiff’s exceptional case claim.

Continue Reading...

Certain expert testimony is stricken where documents were not produced

Siemens Medical SolutionsUSA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., C.A. No. 07-190-SLR, August 20, 2008.

Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.

Continue Reading...

Post-trial evidentiary objections are overruled

Post-trial briefing is limited to trial record

TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.

Robinson, J.  Plaintiff’s motion to register judgment is denied.  Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted.  Defendant’s motion to reopen the record on equitable issues is denied.

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...

Summary judgment of non-infringement in stent case was granted.

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., Nos. 03-283-SLR, 03-1138-SLR, Apr. 4, 2007.

Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.

Continue Reading...

JMOL and new trial were denied in stent case

Defense tactics result in denial of JMOL and new trial motions

Expert's testimony about non-infringement expert's opinion was precluded

Untimely prior art references were precluded due to lack of diligence

Damages expert's testimony was limited in part

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 16, 2007.

Thynge, J.  A motion in limine to limit expert testimony was granted in part.  A motion for summary judgment to preclude damages for non-infringing lines was denied.

Continue Reading...

Defendants prevail on invalidity arguments

SRI International Inc. v. Internet Security Systems, Inc. et al., No. 04-1199-SLR, Oct. 17, 2006.

Robinson, J.  Defendants’ motions for summary judgment of invalidity are granted.  Plaintiff’s motion regarding no anticipation is denied as moot.  Defendants’ motion for failure to disclose best mode is denied as moot.

 

Continue Reading...

A few in limine motions granted before jury trial; most denied

Evidentiary rulings after bench trial

Forest Laboratories, Inc. v. Ivex Pharmaceuticals, Inc., No. 03-891-JJF July 25, 2006.

Farnan, J.  After a bench trial, the court sustained about 10 out of 30 evidentiary objections after post-trial briefing.

 

Continue Reading...

ANDA filing held not to support claim of willful infringement

Boehringer Ingelheim Int’l GMBH et al, v. Barr Laboratories, Inc. et al., No. 05-700-KAJ, July 6, 2006.

Jordan, J.  Defendants’ motion for reconsideration of prior ruling denying motion to strike willfulness allegations is granted and exceptional case discovery is stayed.

Continue Reading...

New trial and JMOL on infringement and invalidity were denied

Boston Scientific Scimed, Inc. et al. v. Cordis Corp. et al., No. 03-283-SLR, June 15, 2006.

Robinson, J.  Defendants’ motion for JMOL or new trial on infringement and invalidity is denied. Defendants’ motion to strike portions of plaintiffs’ reply brief is granted in part and denied in part.  New arguments are stricken.

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...

Pretrial limitations on deposition testimony ordered

Reconsideration granted after court reviews proper record