Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-022-MPT, December 22, 2011.
Thynge, M. J. Motion to sever, dismiss, bifurcate, or transfer counterclaims is denied.
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Ateliers De La Haute-Garonne (French Corp.) and F2C2 Systems S.A.S. (French Corp.) v. Broetje Automation-USA Inc. (Delaware Corp.), Broetje Automation GMBH (German Corp.), Civ. No. 09-598-LPS, September 16, 2011.
Stark, J. Motions for summary judgment on infringement, no willful infringement, as to the statute of limitations, and on the issues of trade dress, unfair competition, and intentional interference with prospective economic advantage are denied. The parties’ respective Daubert motions also were are denied.
Continue Reading...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.
Continue Reading...QVC, Inc. and Qhealth, Inc. v. Your Vitamins, Inc. d/b/a Procaps Laboratories, et al., Civ. No.10-094-SLR, July 27, 2010.
Robinson, J. Plaintiffs' motion for a TRO, preliminary injunction and for expedited discovery is denied. Plaintiffs' motion to supplement their TRO/preliminary injunction motion to incorporate arguments relating to their amended complaint is also denied.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, July 15, 2010.
Robinson, J. Defendant’s motion for reconsideration of partial summary judgment of liability is denied.
Continue Reading...Deston Therapeutics LLC, et al. v. Trigen Laboratories Inc. and Trisys Inc., Civil No.09-809 (JBS/KW) July 12, 2010.
Simandle, J. (sitting by designation) Defendants’ motion to dismiss is denied.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No. 09-642-SLR, June 7, 2010.
Robinson, J. Defendant's motion for reconsideration is granted. Defendant shall file a submission addressing only the additional evidence it seeks to present to rebut the presumption of consumer deception. Plaintiff may respond regarding disputes of the evidence submitted or positions represented.
Continue Reading...In Re: Metoprolol Succinate Direct Purchaser Antitrust Litigation, Civil Action No.06-52-GMS, April 13, 2010.
Sleet, C. J. Defendant’s motion to dismiss claims of antitrust violations and state law claims is denied.
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Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., Civ. No.06-505-SLR, April 6, 2010.
Robinson, J. Plaintiff’s claims against defendant for false advertising under the Lanham Act are denied.
Continue Reading...Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, March 15, 2010.
Robinson, J. The court finds Lanham Act and DTPA violations after a bench trial and enters judgment in favor of plaintiff and also judgment in favor of defendant on its counterclaims. The parties are directed to submit a proposed order for injunctive relief.
Continue Reading...LG Electronics U.S.A., Inc., et al., v. Whirlpool Corporation, C.A. No. 08-234-GMS, November 9, 2009.
Sleet, C. J. Court grants motion to dismiss certain counts alleged in Second Amended Complaint for failure to state a claim pursuant to 12(b)(6).
Capricorn Pharma, Inc. v. Matrixx Initiatives, Inc. and Zicam, LLC, Civil Action No. 08-873-JJF, August 19, 2009.
Farnan, J. Defendants’ Motion to Dismiss Counts V through X of Plaintiff’s First Amended Complaint is granted in part and denied in part.
Continue Reading...Sun Microsystems, Inc. v. Versata Enterprises, Inc., et al., Civil Action No. 07-782-JJF, July 1, 2009.
Farnan, J. Plaintiff’s motion to dismiss defendants’ counterclaims is granted in part and denied in part. Plaintiff’s motion to strike is also granted in part and denied in part. Defendants are granted leave to amend their defenses and counterclaims.
Continue Reading...Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.
Robinson, J. Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.
Continue Reading...Rembrandt Technologies, L.P. v. Harris Corporation ,Del. Super., C.A. No. 07C-09-059-JRS, May 22 , 2009.
Slights J. Defendant’s Motion to Stay is granted pending the entry of a final order on the Markman ruling in the multi-district federal patent litigation.
Continue Reading...Wilco AG v. Packaging Technologies & Inspection LLC, Civ. No. 08-635-SLR, May 19 , 2009.
Robinson J. The Court grants plaintiff's motion to dismiss counterclaim of tortuous interference with business relations and denies motion to dismiss the counterclaim of inequitable conduct.
Continue Reading...Spear Pharmaceuticals, Inc., et al. v. Blair & Company, LLC, et al., Civil Action No. 07-821-JJF, April 27, 2009.
Farnan, J. Defendants’ 12(b)(6) motions to dismiss supplemental complaint are denied.
Continue Reading...Accenture Global Services GmbH, et al. v. Guidewire Software, Inc., No. 07-826-SLR, October 8, 2008.
Robinson, J. Court grants defendant’s motion to dismiss plaintiffs’ state law claims and trade secret misappropriation claims and grants plaintiffs’ motion to dismiss defendants’ bad faith litigation counterclaims.
Continue Reading...Braintree Laboratories, Inc. v. Schwarz Pharma, Inc., C.A. No. 03-477-SLR, July 31, 2008.
Robinson, J. The court rules for plaintiff on unfair competition and antitrust claims after bench trial.
Continue Reading...TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, August 23, 2007.
Robinson, J. Defendant’s motion for summary judgment of non-infringement is denied. Defendant’s motion for summary judgment of invalidity due to indefiniteness is denied. Plaintiff’s motion to dismiss five “standards-based” counterclaims is denied. Defendant can not present its fraud theory at trial because it cannot prove damages. Plaintiff’s motion for summary judgment relating to unfair competition is granted in part but denied as to fraud, equitable estoppel, implied license and promissory estoppel.
Farnan, J. Defendant’s motion to dismiss German parent corporation for lack of personal jurisdiction is granted.
Knova Software, Inc. et al. v. Inquira, Inc., No. 067-381-JJF, Apr. 27, 2007.
Farnan, J. Defendant's motion to dismiss claims of intentional interference with prospective economic relationships and unfair competition was granted. Motion to dismiss unjust enrichment claim was denied.
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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
