Case is transferred to Texas where litigation was first filed
Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted.
Continue Reading...Court orders limited discovery on stream of commerce theory of jurisdiction
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...E-mail marketing is a sufficient contact for personal jurisdiction in Delaware
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...Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions
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...Patentee wins forum shopping contest
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...Case dismissed due to first-filed action in Texas against related party
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.
Transfer to forum of first-filed action is granted
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...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.
Continue Reading...Transfer to Texas where related litigation was nearing conclusion was denied
Robinson, J. Motions to transfer venue and consolidate were denied. Motions for extension of time to answer complaints were denied and the answers would be due in 18 days.
Continue Reading...Institutional holders of patent rights were held not indispensable in suit against exclusive licensee
Amgen, Inc. et al. v. Ariad Pharmaceuticals, Inc., No. 06-259-MPT, Mar. 27, 2007.
Thynge, J. Defendant’s motion to dismiss for failure to join a party, or alternatively to transfer, was denied.
Continue Reading...Court declines to transfer to Michigan
Transfer denied where defendant's state of incorporation is Delaware
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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Insurer's claim of no indemnification obligation is not ripe until underlying litigation is resolved
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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Threatening letter sufficient to establish actual controversy
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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Case transferred to Wisconsin where related litigation is pending
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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Transfer to forum where related litigation is ongoing granted
Cashedge, Inc. v. Yodlee, Inc., No. 06-170-JJF, July 19, 2006.
Farnan, J. Defendant’s motion to transfer to California where there is prior litigation over related technologies, although different patents, is granted.
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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Plaintiff's choice of forum upheld despite suit with additional patents filed only hours later in another forum
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.
Plaintiff's choice of forum prevailed after transfer motion
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.
Continue Reading...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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