Summary Judgment : Delaware Patent Litigation Report

Validity and infringement motions are largely successful after Markman ruling

Posted on May 8, 2009 by Amy A. Quinlan

IGT v. Bally Gaming International, Inc, et al., Civ. No. 06-282-SLR, April 28, 2009.

Robinson, J. Plaintiff's motion for summary judgment of infringement is granted in part and denied in part; defendants' motion for summary judgment of noninfringement is also granted in part and denied in part. Plaintiff’s motion for summary judgment of validity is granted. Defendants' motions for summary judgment of invalidity are denied. Plaintiff’s motion that defendants have no valid license defense is granted in part and denied in part as moot. Defendants' motion that it has a valid license defense is denied as moot.

Tags: Claim Construction, Infringement, Invalidity, License Defense, Summary Judgment

Court adopts Magistrate's Report and Recommendation

Posted on December 23, 2008 by Amy A. Quinlan

Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF, December 16, 2008.

Farnan, J. Defendant’s objections to the Magistrate’s Report and Recommendation regarding defendant’s motion for partial summary judgment on the amended counterclaim are overruled and the Magistrate’s recommendation is adopted.

Tags: Appeal of Magistrate Report and Recommendation, Summary Judgment

Defendants deemed first inventor of contested subject matter

Posted on December 15, 2008 by Amy A. Quinlan

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.

Robinson, J. Defendants’ motion for summary judgment of invalidity is granted. Plaintiff’s motion for summary judgment of no invalidity is denied.

Tags: Invalidity, Inventor Issues, Summary Judgment

Summary judgment is granted as to infringement and noninfringement

Posted on December 12, 2008 by Amy A. Quinlan

Solvay, S.A. v. Honeywell Specialty Materials LLC, et al, Civ. No. 06-557-SLR, December 9, 2008.

Robinson, J. Plaintiff’s motion for summary judgment for infringement is granted; defendant’s motion for non-infringement of the patent-in-suit is granted in part and denied in part.

Tags: Claim Construction, Infringement, Summary Judgment

Court lacks jurisdiction over settlement agreement in the absence of order

Posted on November 17, 2008 by Amy A. Quinlan

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.

Tags: Dismissal, Equitable Defenses and Remedies, Jurisdiction/Venue/Standing, Summary Judgment

Willful infringement claim falls on summary judgment

Posted on November 14, 2008 by Amy A. Quinlan

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

Thynge, M.J. Defendant’s motion for summary judgment regarding no willful infringement is granted.

Tags: Exceptional Case/Willfulness, Infringement, Summary Judgment

Mixed ruling issues in antitrust case regarding sham litigation claims

Posted on October 8, 2008 by Amy A. Quinlan

Teva Pharmaceuticals USA, Inc. et al., v. Abbott Laboratories et al. No. 02-1512-SLR; Impax Laboratories, Inc. v. Abbott Laboratories, et al., No. 03-120-SLR; In re Tricor Direct Purchaser Antitrust Litigation No. 05-340-SLR; In Re: Tricor Indirect Purchaser Antitrust Litigation No. 05-360-SLR, September 24, 2008, revised October 2, 2008.

Robinson, J. Defendants’ motion for summary judgment on plaintiffs’ claims of sham litigation premised on inequitable conduct and plaintiffs’ Walker Process claims is granted. Defendants’ motion for summary judgment on sham litigation claims based on a lack of probable cause for asserting patent infringement is denied.

Tags: Antitrust, Dismissal, Summary Judgment

Renewed invalidity motion is denied due to material issues of fact

Posted on September 8, 2008 by Amy A. Quinlan

SRI International Inc. v. Internet Security Systems, Inc., et al., C.A. No. 04-1199-SLR, August 21, 2008.

Robinson, J. Defendants’ renewed motion for summary judgment that three of the four patents in suit are invalid is denied.

Tags: Infringement, Invalidity, Summary Judgment

Antitrust injury found not amenable to summary judgment practice

Posted on August 27, 2008 by Amy A. Quinlan

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.

Tags: Antitrust, Stay, Summary Judgment

Court denies cross-motions for summary judgment on claims for breach of settlement agreement

Posted on June 23, 2008 by Amy A. Quinlan

Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476 (GMS), May 23, 2008.

Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product.

Tags: Infringement, Invalidity, Summary Judgment

Court denies attorney fees in patent infringement case

Posted on February 29, 2008 by Amy A. Quinlan

Forest Laboratories, Inc., et al., v. IVAX Pharmaceuticals, Inc., et al., C.A. No. 03-891-JJF, February 26, 2008.

Farnan, J. Following a bench trial ruling in favor of plaintiffs’ claims of infringement, the Court denies plaintiffs’ request for attorney fees finding that defendants’ conduct, while sometimes questionable, did not rise to the “exceptional” level.

Tags: Attorneys' Fees/Costs/Interest, Exceptional Case/Willfulness, Summary Judgment

Reconsideration of summary judgment ruling is denied

Posted on January 29, 2008 by Amy A. Quinlan

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.

Tags: Dismissal, In Limine, Infringement, Invalidity, Jurisdiction/Venue/Standing, Reconsideration/Reargument, Summary Judgment

Partial grant of Rexam's motions for summary judgment based on invalidity and non-infringement of beverage can patents

Posted on January 29, 2008 by Amy A. Quinlan

Crown Packaging Technology, Inc. et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, January 22, 2008.

Thynge, J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.

Tags: Infringement, Invalidity, Summary Judgment

Summary judgment of infringement granted in beverage container case

Posted on January 6, 2008 by Amy A. Quinlan

Crown Packaging Technology, Inc. et al. v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, December 21, 2007.

Thynge, M. J. Defendant’s motion for partial summary judgment of infringement of two patents is granted in part and denied in part.

Tags: Infringement, Summary Judgment

Patentee prevails on anticipation and breach of contract claims

Posted on December 20, 2007 by Amy A. Quinlan

Callaway Golf Company v. Acushnet Company, C.A. No. 06-091-SLR, November 20, 2007.

Robinson, J. Plaintiff’s motions for summary judgment of breach of contract and no anticipation are granted. Defendant’s motion for summary judgment of no breach of contract, invalidity, and incorporation by reference are denied.

Tags: Invalidity, Reexamination/Reissue/Interference, Summary Judgment

Direct infringement dispositive motions are denied; noninfringement under the DOE is granted where no element analysis was provided

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, November 2, 2007.

Thynge, M.J. Cross motions for summary judgment of infringement/noninfringement are denied as to literal infringement. Defendant’s motion for summary judgment of noninfringement under the doctrine of equivalents is granted.

Tags: Infringement, Summary Judgment

Summary judgment of invalidity denied in LCD case

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et. al., C.A. No. 03-484-MPT, November 2, 2007.

Thynge, M.J. Defendant’s motion for summary judgment of invalidity based upon anticipation is denied.

Tags: Invalidity, Summary Judgment

Two claims are found to be anticipated by art considered by the examiner

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 31, 2007.

Thynge, M.J. Defendant’s motion for summary judgment that three claims of the patent-in-suit are anticipated is granted as to two claims and denied as to the third.

Tags: Invalidity, Summary Judgment

Failure to disclose the best mode defense prevails in LCD case

Posted on December 5, 2007 by Amy A. Quinlan

Commissariat A L’Energie Atomique v. Samsung Electronics Co., et al., C.A. No. 03-484-MPT, October 31, 2007.

Thynge, M.J. Defendant’s motion for summary judgment for failure to disclose the best mode is granted.

Tags: Invalidity, Summary Judgment

Summary judgment is denied where expert testimony conflicts

Posted on October 16, 2007 by Amy A. Quinlan

Crown Packaging Technology, Inc., et al., v. Rexam Beverage Can Co., C.A. No. 05-608-MPT, October 5, 2007.

Thynge, M.J. Plaintiff’s motion for summary judgment to dismiss counterclaims of invalidity and non-infringement is denied.

Tags: Invalidity, Summary Judgment

Summary judgment in antitrust action is denied; jurisdictional and venue defenses are upheld

Posted on October 16, 2007 by Amy A. Quinlan

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.

Tags: Antitrust, Damages, Dismissal, Equitable Defenses and Remedies, Estoppel, Jurisdiction/Venue/Standing, Summary Judgment

Unfair competition claim is defeated in summary adjudication; other motions are denied

Posted on September 7, 2007 by Amy A. Quinlan

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.

Tags: Equitable Defenses and Remedies, Estoppel, Infringement, Invalidity, State Law Claims, Summary Judgment

Claims for conversion and deceptive trade practices under Lanham Act not cognizable

Posted on May 17, 2007 by Amy A. Quinlan

Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.

Robinson, C.J. The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.

Tags: Lanham Act, Summary Judgment

Claim construction rehash resulted in non-infringement ruling in telecommunications case

Posted on May 4, 2007 by Amy A. Quinlan

Telecordia Technologies, Inc. v. Lucent Technologies, Inc., Nos. 04-875-GMS, 04-876-GMS, May 1, 2007.

Sleet, J. Summary judgment of non-infringement was granted with respect to the '306 patent and denied as to a second patent. Plaintiff's motion that the '306 patent was not anticipated was granted in part. Plaintiff's motion that the '306 patent was not invalid due to lack of enablement was granted. Defendant's motion for summary judgment of invalidity of the '306 patent for failure to disclose the best mode was denied.

Tags: Claim Construction, Daubert/Experts, Infringement, Invalidity, Summary Judgment

Defendant's summary judgment motions were denied; unfair business practices claims were bifurcated.

Posted on April 23, 2007 by Amy A. Quinlan

Affymetrix, Inc. v. Illumina, Inc., No. 04-901 JJF, Mar. 30, 2007.

Farnan, J. Plaintiff’s motion for summary judgment regarding claims of intentional interference with economic advantage and unfair business practices was denied. Defendant’s motions for summary judgment of invalidity and inequitable conduct were denied. Claims of unfair business practices were bifurcated from the infringement trial.

Tags: Antitrust, Bifurcation/Phasing/Consolidation, Equitable Defenses and Remedies, Infringement, Invalidity, Summary Judgment

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

Posted on April 23, 2007 by Amy A. Quinlan

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.

Tags: Daubert/Experts, Infringement, Invalidity, Motion to Strike/Preclude, Summary Judgment

Summary judgment of non-infringement was denied

Posted on March 16, 2007 by Amy A. Quinlan

Inline Connection Corp. et al. v. AOL Time Warner Inc. et al., Nos. 02-272-MPT, 02-477-MPT (consolidated), Feb. 2, 2007.

Thynge, J. Defendants’ motion for summary judgment of noninfringement was denied.

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Tags: Infringement, Summary Judgment

Summary judgment of infringement was granted in part

Posted on March 13, 2007 by Amy A. Quinlan

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., D. Del. No. 02-272-MPT and 02-477-MPT (consolidated), Feb. 1, 2007.

Thynge, J. Motion for summary judgment of infringement of certain claims was denied as moot and of inducement of infringement were denied as moot. Motion for summary judgment of infringement regarding use under 35 U.S.C. § 271(a) was granted in part.

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Tags: Infringement, Summary Judgment

Damages expert's testimony was limited in part

Posted on March 13, 2007 by Amy A. Quinlan

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.

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Tags: Damages, Daubert/Experts, Motion to Strike/Preclude, Summary Judgment

Reconsideration of damages limitation was denied

Posted on March 13, 2007 by Amy A. Quinlan

Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 12, 2007.

Thynge, J. A motion for reconsideration of December 5, 2006 limitation on damages was denied.

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Tags: Damages, Reconsideration/Reargument, Summary Judgment

Reconsideration denied where Plaintiff injected new arguments

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 20, 2006.

Jordan, J. Motion for reargument and reconsideration of previous ruling of non-infringement is denied.

Tags: Infringement, Reconsideration/Reargument, Summary Judgment

Summary judgment on opposed non-invalidity arguments is refused

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.

Jordan, J. Plaintiff’s motion for partial summary judgment that the patent is not invalid as obvious is granted in part and denied in part. Continue Reading...

Tags: Claim Construction, Invalidity, Summary Judgment

Whether references qualify as prior art is left for trial

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Nov. 2, 2006.

Jordan, J. Plaintiff’s motion for partial summary judgment that certain evidence cannot qualify as prior art is denied.

Tags: Invalidity, Summary Judgment

Cross motions for summary judgment of inequitable conduct denied

Posted on February 5, 2007 by Amy A. Quinlan

Ampex Corp. v. Eastman Kodak Co. et al., No. 04-1373-KAJ, Oct. 30, 2006.

Jordan, J. Plaintiff’s motion for summary judgment that the patent-in-suit is not unenforceable due to alleged inequitable conduct is denied; defendants’ motion for summary judgment of inequitable conduct is denied.

Tags: Equitable Defenses and Remedies, Summary Judgment