Delaware Patent Litigation Report

Recent Posts from Delaware Patent Litigation Report

• Court finds no jurisdiction over individual defendant and venue is proper.

  CNH America LLC and Blue Leaf I.P., Inc. v. Jon E. Kinzenbaw and Kinze Manufacturing, Inc., C.A. No. 08-945-GMS, November 9, 2009. Sleet, C. J.  Defendant’s motion to dismiss for lack of jurisdiction over the…

• Formulaic recitation of claims is insufficient to defeat dismissal motion under 12(b) (6).

  LG Electronics U.S.A., Inc., et al., v. Whirlpool Corporation, C.A. No. 08-234-GMS, November 9, 2009. Sleet, C. J.   Court grants motion to dismiss certain counts alleged in Second Amended Complaint for failure to state a…

• Magistrate recommends denial of defendant's motion to dismiss -- again.

   McKesson Automation, Inc. v. Swisslog Holding AG, et al., Civ. No. 06-28-LPS, October 30, 2009. The Magistrate recommends denial of defendant’s motion to dismiss.  Disputed terms are construed following a Markman Hearing.  In addition recommendations are made…

• Defendant's obvious and new trial motions are denied

  Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476-GMS, November 12, 2009. Sleet, C.J.  The Court denies defendant’s post-trial motions that the patents-in-suit are obvious, or alternatively for a new trial.The patents-in-suit relate to…

• Court clarifies earliest launch date for generic product

  Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA, Inc., et al., Civ. No. 06-33-SLR, November 9, 2009. Robinson, J.  The court grant’s plaintiff’s request for clarification with respect to the court Final Judgment Order.The…

• Generic company prevails on one patent after bench trial in lansoprazole litigation

  Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA, Inc., et al., Civ. No. 07-331-SLR, November 9, 2009. Robinson, J.  The court finds after a bench trial that the defendant does not infringe U.S.…

• Transfer motion is denied

  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.After considering both private and public factors,…

• Plaintiff prevails on infringement and validity following bench trial

  In re: Brimonidine Patent Litigation, MDL Docket No. 07-md-1866-GMS, October 23, 2009. Sleet, C. J.  The Court finds that the defendants' proposed generic products infringe the asserted claims of the patents-in-suit; (B) the patents-in-suit are not…

• Lanham Act claims are dismissed. Complaint may not be amended after close of discovery

  Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, October 19, 2009. Robinson, J.  Plaintiff’s motions to reconsider dismissal of Lanham Act claim and to amend the pleadings to add an inequitable conduct claim…

• Court finds patent is valid and infringed after bench trial in ANDA case

  Alcon, Inc. And Alcon Research, LTD. v., Teva Pharmaceuticals USA, Inc., Civ. No. 06-234-SLR, October 19, 2009. Robinson, J.  The Court finds in favor of plaintiff and against defendant on infringement and validity following bench trial.This…