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
