Intellectual Ventures I LLC, et al. v. Altera Corporation, et al., C. A. No.10-1065-LPS, January 23, 2012.
Stark, J. Defendants’ motion to transfer is denied. Defendants’ motion to dismiss or consolidate is denied as to dismissal and granted as to consolidation.
Continue Reading...Wacoh Company v. Kionix Inc., et al., Civil Action No. 10-617-RGA, January 9, 2012.
Andrews, J. Motion to sever granted; motions to transfer granted.
Continue Reading...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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NETGEAR, Inc. v. Ruckus Wireless, Inc., Civ. No. 10-999-SLR, July 28, 2011.
Robinson, J. Motion to transfer is denied.
Continue Reading...Human Genome Sciences, Inc. v. Genentech, Inc., et al., C. A. No. 11-082, 11-156, 11-328-LPS, July 18, 2011.
Stark, J. Motion to transfer is granted, and remaining motions denied without prejudice to renew following transfer.
Continue Reading...Intellectual Ventures I LLC v. Checkpoint Software Technologies LTD., et al., Civ. No. 10-1067-LPS, June 22, 2011.
Stark, J. Motion to transfer is denied.
Continue Reading...Medicis Pharmaceutical Corporation v. Nycomed US Inc., C. A. No. 10-1099-SLR, June 16, 2011.
Robinson, J. Motion to transfer ANDA litigation to New York is granted.
Continue Reading...Marvel International LTD. v. Link_A_Media Devices Corp., Civ. No. 10-869-SLR, June 8, 2011.
Robinson, J. Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding the fact that defendant is a regional enterprise with a principal place of business in California.
Continue Reading...Everglades Interactive, LLC v. Playdom, Inc., et al., Civ. No. 10-902-SLR, June 8, 2011.
Robinson, J. The defendants’ motion to transfer to the U.S. District Court for the Northern District of California is denied even though some of the defendants involved in the litigation are foreign corporations.
Continue Reading...XPRT Ventures, LLC v. eBay Inc., Paypal, Inc., et al., Civ. No. 10-595-SLR, June 8, 2011.
Robinson, J. Motion to transfer patent litigation to the U.S. District Court for the Northern District of California is denied notwithstanding forum selection clause in confidentiality agreement.
Continue Reading...Medicis Pharmaceutical v. Nycomed U.S. Inc. and Nycomed GMBH, Civ. No. 10-419-SLR, March 31, 2011.
Robinson, J. Defendant’s motion to transfer is granted; alternative motion to stay is denied as moot.
Continue Reading...Apple Inc. and NeXT Software, Inc. f/k/a NeXT Computer, Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-166-167-GMS, January 14, 2011.
Sleet, C. J. Defendant’s motion to transfer venues to the Northern District of California is denied.
Continue Reading...Apple Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-544-GMS, January 18, 2011.
Sleet, C. J. Defendants’ motion to transfer is denied.
Continue Reading...Jennifer L. Brinkmeier and Tecnimed SRL v. Exergen Corporation, Civ. No. 10-176-SLR, January 3, 2011.
Robinson, J. Defendant’s motion to transfer is granted.
Continue Reading...Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No.10-308-LPS-MPT, October 13, 2010.
Thynge, M. J. The Magistrate recommends that defendant’s motion to transfer be denied.
Continue Reading...Belden Technologies, Inc., v. LS Corp., et al., Civ. No.08-823-SLR, September 30, 2010.
Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is granted and the case is transferred to United States District Court for the District of New Jersey.
Continue Reading...Boram Pharm. Co., LTD v. Life Technologies Corp., Civil Action No.10-31-HB III, July 14, 2010.
Bartle, J. (sitting by designation) Defendant’s motion to transfer the case to the Southern District of California is granted.
Continue Reading...Pfizer Inc., et al. v. Sandoz Inc., Civil Action No.09-742-JJF, January 20, 2010.
Farnan, J. Defendant’s motion to transfer is denied. The Court reserves decision on Plaintiff’s motion to enjoin defendant from proceeding with its later filed suit in the District of Columbia.
Continue Reading...Qinetiq Limited v. Oclaro, Inc., Civil Action No. 09-372-JAP, December 18, 2009.
Pisano, J. Defendant’s motion to transfer the litigation to the Northern District of California is granted.
Continue Reading...Mallinckrodt Inc., et al. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, December 3, 2009.
Farnan, J. Plaintiffs’ motion for leave to file an amended and supplemental complaint is granted; Defendants’ motion to strike is denied as moot.
Continue Reading...Mallinckrodt Inc. and Liebel-Flarsheim Co. v. E-Z-EM Inc. and Acist Medical Systems, Inc., C.A. No. 09-228-JJF, November 20, 2009.
Farnan, J. Defendants’ Motion To Dismiss For Failure To State A Claim Under Rule 12(b)(6) is granted as to the indirect infringement claims, but denied as to the direct infringement claim. Plaintiffs will be given leave to amend. Defendants’ Motion to Transfer is denied.
Continue Reading...Teleconference Systems v. Proctor and Gamble Pharmaceuticals, Inc., Civil No. 09-200-JBS/JS, November 25, 2009.
Schneider, M. J. Cisco's request to stay the Cisco action until its California declaratory judgment action is concluded is denied. Furthermore, Cisco and H-P’s requests to stay and sever plaintiff's customer claims and only transfer plaintiff's claims against Cisco and H-P to California are denied. Except as to the individual defendant, Cisco and H-P’s request to transfer the entirety of these actions to California is granted. Plaintiff's claim against the individual defendant will be severed and stayed and will remain in Delaware.
Continue Reading...Stored Value Solutions Inc. v. Card Activation Technologies Inc., C.A. No. 09-495-JJF, November 20, 2009.
Farnan, J. Defendant’s motion to transfer to the Northern District of Illinois is denied.
Continue Reading...Personalized User Model LLP v. Google, Inc., Civil Action No. 09-525-JJF, October 27, 2009.
Farnan, J. Defendant’s motion to transfer venue to the Northern District of California is denied.
Continue Reading...Ethicon Endo-Surgery, Inc. v. Hologic, Inc., and Suros Surgical Systems, Inc., C.A. No. 09-580-JJF, October 15, 2009.
Farnan, J. Defendants’ motion to transfer venue is denied.
Continue Reading...Autodesk Canada Co. v. Assimilate, Inc., Civ. No. 08-587-SLR-LPS, September 29, 2009.
Stark, M. J. Magistrate recommends denial without prejudice of Defendant’s motion to dismiss, or alternatively for summary judgment or transfer of venue.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, August 27, 2009.
Sleet, C.J. On March 9, 2009, the Magistrate issued a report and recommendation regarding certain defendants’ motions to dismiss and, in the event jurisdiction is lacking, plaintiff’s motion to transfer. The Court overruled the objections and adopted the Magistrate’s rulings.
Continue Reading...Safety Braking Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-JJF, June 9 , 2009.
Farnan, J. Defendants’ Motion to Transfer to the Central District of California is denied.
Continue Reading...Quinstreet Inc. v. Parallel Networks, LLC, Civ. No. 06-495-SLR, May 28 , 2009.
Robinson J. Third-party defendant’s motion to dismiss the third-party complaint is denied; defendant’s motion to dismiss third-party defendant’s declaratory judgment claims for lack of jurisdiction over the person is denied; and plaintiff’s and defendant’s joint motion to dismiss the claims between them is granted.
Continue Reading...Dish Network Corporation, et al. v. Tivo, Inc., Civil Action No. 08-327-JJF, March 31, 2009.
Farnan, J. Defendant’s Motion to Dismiss is denied and the parties are directed to set forth their positions in briefing on transfer pursuant to 28 U.S.C. § 1404(a) to the Eastern District of Texas.
Continue Reading...Quantum Loyalty Systems, Inc. and Quantum Corporation of New York, Inc., v. TPG Rewards, Inc., Civ. No. 09-022-SLR, April 2, 2009.
Robinson, J. Defendant’s motion to transfer to the Southern District of New York is denied.
Continue Reading...Forest Laboratories Inc., et al. v. Cobalt Laboratories Inc., et al., C.A. No. 08-21-GMS-LPS, March 9, 2009.
Stark, M.J. Plaintiffs’ motions to transfer action as to certain defendants is granted. Certain defendants’ motion to dismiss for lack of personal jurisdiction is dismissed as moot.
Continue Reading...Synthes USA, LLC, et al. v. Spinal Kinetics, Inc., Civ. No. 08-838-SLR, February 24, 2009.
Robinson, J. Defendant’s motion to transfer venue of this matter to the Northern District of California is granted.
Continue Reading...Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, February 18, 2009.
Robinson, J. Defendant’s motion to dismiss or transfer is denied without prejudice.
Continue Reading...Andrew Paul Leonard v. Stemtech Health Sciences, Inc., et al., Civ. No. 08-67-JJF, December 19, 2008.
Farnan, J. Defendants’ motion for change of venue is denied.
Continue Reading...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...Acuity Brands, Inc., et al., v. Cooper Industries, Inc., et al., C.A. No. 07-444-GMS, July 31, 2008.
Sleet, C.J. Defendants’ motion to transfer to the Northern District of Georgia is denied.
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
Stark, M.J. Motion to dismiss based on lack of personal jurisdiction is denied and limited discovery on stream of commerce theory of jurisdiction is ordered.
Continue Reading...Farnan, J. Court denies Defendant’s motion to dismiss and transfer venue and holds that jurisdiction and venue are proper where the company targeted sales of allegedly infringing product to Delaware residents as part of national e-mail campaign.
Continue Reading...Robinson, J. The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.
Continue Reading...Robinson, J. Plaintiffs' motion to supplement their complaints are denied. Plaintiffs' motion to enjoin Defendants from prosecuting a New Jersey action is denied. Defendants' motion to dismiss one action based on a covenant not to sue is granted and the court dismisses the second Delaware action sua sponte in favor of a first-filed New Jersey action.
Continue Reading...Time Warner Cable, Inc., v. USA Video Technology Corp., C.A. No. 06-387-***, October 31, 2007.
Thynge, M.J. Defendant’s motion to dismiss the complaint in favor of a first filed action in Texas is granted. The motion to stay or transfer to Texas is denied as moot. Plaintiff’s motion to enjoin duplicative litigation is denied as moot.
Bank of America, N.A., v. S.I.P. Assets, LLC et al., C.A. No. 07-159-GMS, September 11, 2007.
Sleet, C.J. Defendant EPC’s motion to transfer is granted. Defendant SIP’s motion to dismiss for lack of subject matter jurisdiction is denied as moot.
Continue Reading...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.
Continue Reading...Pernod Ricard USA, LLC v. Bacardi U.S.A., Inc., No. 06-505-SLR, Dec. 19, 2006.
Robinson, J. Motion to transfer is denied.
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Farnan, J. Motion to dismiss without prejudice count II of the complaint, seeking a declaratory judgment that Hartford has no duty to indemnify Interdigital in connection with Nokia’s Lanham Act claim, is granted.
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Epic Systems Corporation v. Acacia Research Corporation et al., No. 06-255-JJF, Nov. 16, 2006.
Farnan, J. Motion to dismiss or transfer venue is granted in part and denied in part.
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Alloc, Inc. et al. v. Unilin Décor N.V. et al., No. 03-253 (GMS), Oct. 26, 2006.
Sleet, J. Motion to transfer granted.
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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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Thales Airborne Systems S.A. et al. v. Universal Avionics Systems Corp., No. 05-853-SLR, June 21, 2006.
Robinson, J. Defendant’s motion to transfer is denied. A motion to enjoin a New Jersey suit with additional patents in dispute filed hours after the Delaware suit is granted with respect to patents already part of the Delaware action and denied with respect to patents first filed in New Jersey.
Turn of the Century Solution, L.P. v. International Rectifier Corp., No. 05-816-SLR, June 15, 2006.
Robinson, J. Motion to transfer to California where breach of contract case relating to patents was filed was denied.
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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For more information concerning any of these cases, contact Mary Matterer at mmatterer@morrisjames.com or 302.888.6960
