State court stays license dispute having tired of posturing for MDL advantage

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.

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Stay pending reexam is denied

Power Integrations, Inc. v. Fairchild Semiconductor Intl. Inc., et al., Civ. No. 08-309-LPS, December 19, 2008.

Stark, M. J.  Defendants’ motion to stay the litigation pending reexamination is denied.

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Stay pending appeal of infringement judgment is denied in continuing infringement action

St. Clair Intellectual Propety Consultants, Inc. v. Fujifilms Holding Corporation, et al., Civ. No. 08-373-LPS, January 27, 2009.

Stark, M.J.  Defendants’ motion to stay second action pending appeal of first related action is denied.

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Stay of injunction pending appeal is denied

Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, November 10, 2008.

Robinson, J.  Defendant’s post-trial motion for JMOL or a new trial following jury verdict on validity is denied.  Plaintiff’s motion for a permanent injunction is granted by separate order and stay of that order pending appeal is denied.

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Stay is entered pending resolution of ownership

McKesson Automation, Inc. v. Swisslog Italia S.P.A., et al., Civ. No. 06-28-SLR/LPS, November 5, 2008.

Robinson, J.  Defendants’ motion to dismiss for lack of standing is stayed.  Other pending motions are denied without prejudice to renew.

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Court declines to toll 30-month stay in ANDA case

In Re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866 GMS, October 31, 2008.

Sleet, C.J.  Plaintiff’s motion to stay the action against Excela and toll the 30-month stay, and for leave to use information produced under the protective order in a citizen’s petition to the FDA is denied.

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Court declines to stay permanent injunction pending appeal

Becton Dickinson and Company v. Tyco Healthcare Group LP, C.A. No. 02-1694a-GMS, October 29, 2008.

Sleet, C.J.  Plaintiff’s post-trial motions for an award for damages and prejudgment interest is granted.  Plaintiff’s motion for a permanent injunction is granted in part and denied in part.

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Magistrate enters judgment pursuant to Fed.R.Civ.P. 54(b)

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.

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Antitrust injury found not amenable to summary judgment practice

Teva Pharmaceuticals USA, Inc., et al. v. Abbott Laboratories, et al., C.A. Nos. 02-1512-SLR, 03-120-SLR, 05-340-SLR, 05-360-SLR (consolidated) and 08-155-SLR, August 18, 2008.

Robinson, J.  Court stays state law claims of indirect purchasers and counterclaim plaintiffs in Tricor action.  Defendants' motions for summary judgment on state law claims are likewise denied without prejudice.  Defendants’ motions for summary judgment on relevant market definition are denied.  Defendants’ motion for leave to file a motion for summary judgment on antitrust injury is denied.

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Court denies defendants' motion to stay pending resolution of jurisdictional challenge

Power Integrations, Inc., v. BCD Semiconductor Corporation, et al., C.A. No. 07-633-JJF-LPS, February 11, 2008.

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.

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Motion to supplement record and request for certification of appealability in two antitrust actions

Dismissal granted based on first-to-file rule

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.

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Two of three state law claims were dismissed. Discovery was stayed as to unjust enrichment

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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DJ count dismissed as unripe where accused product lacked FDA approval; stay granted pending reexamination

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.

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Choice of Delaware forum outweighed interest in litigating in bankruptcy forum

Zoetics, Inc. et al., v. Yahoo!, Inc., No. 06-108-JJF, July 6, 2006.

Farnan, J.  Motion to stay action and transfer is denied.  Despite the fact that New York would be more convenient for the witnesses, and the bankruptcy proceedings were pending in New York, the plaintiff’s choice of forum was paramount.

 

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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.

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Trade secret count survives motion to dismiss

Court declined to dismiss, bifurcate or stay antitrust counts and permitted 4 patent claims to be added

Synopsys, Inc. v. Magma Design Automation, No. 05-701-GMS, May 25, 2006.

Sleet, J.  The Court denied plaintiff’s motion to dismiss 6 counts of defendant’s amended answer relating to the Sherman Act, Lanham Act and state law claims.  It further denied plaintiff’s motion to bifurcate or stay the antitrust claims from the patent claims.  Defendant’s motion to amend to add four counterclaims of patent infringement was granted.

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Declaratory judgment action dismissed where plaintiff had no reasonable apprehension of suit

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.

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One plaintiff transferred to Texas where first-filed action was pending; the rest remain in Delaware

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.



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Delaware the wrong forum for inventorship dispute

St. Clair Intellectual Property Consultants, Inc. v. Mirage Systems, Inc. et al., No. 05-273-JJF, Mar. 8, 2006.

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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