Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

The disputed technology involves u-polycosanol 410 used in ear drops.  Defendants seek dismissal based on their argument that the patent claims cannot be construed to include the accused product, and because the remaining causes of action are insufficiently pled.  The court finds that claim construction at this juncture would be premature, noting many courts have declined to construe patent claims on a motion to dismiss.  The court further finds that violations of the Lanham Act and the Delaware Deceptive Trade Practices Act and common law unfair competition have been adequately pled.  Plaintiffs’ allegations must be accepted as true at this stage.