Delaware Patent Litigation Report

Portal to all matters relating to Delaware patent litigation.

Author: Richard K. Herrmann is a partner at Morris James in Wilmington, Del. The firm also authors Delaware Business Bankruptcy Report.

Blawg Related Categories: Intellectual Property Law • Patent Law • Trials & Litigation • States • Delaware • Law Firm

Recent Posts from Delaware Patent Litigation Report

Patent claims held invalid due to nonstatutory double patenting
Boehringer Ingelheim Int’l GMBH, et al. v. Barr Laboratories, Inc., et al., No. 05-700-JJF, June 16, 2008. Farnan, J. After a bench trial, the Court issued findings of fact and conclusions of law. The Court…
Case is dismissed due to first-filed Texas action naming incorrect affiliate
Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.Thynge, M.J. Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted. Defendants first brought an…
Case is dismissed for lack of standing
McKesson Automation, Inc. v. Swisslogic Holding AG, et al., C.A. No. 06-28-(SLR-LPS), May 30, 2008.Stark, M.J. Magistrate recommends that defendants’ motion to dismiss be granted due to plaintiff’s lack of standing to sue. Defendants contend…
Court denies cross-motions for summary judgment on claims for breach of settlement agreement
Linear Technology Corporation v. Monolithic Power Systems, Inc., C.A. No. 06-476 (GMS), May 23, 2008.Sleet, C.J. Prior settlement agreement precludes invalidity argument for different product. Plaintiff filed infringement action on ‘178 and ‘258 patents (involving…
Non-party is sanctioned for vexatious conduct during discovery dispute
In re Intel Corp. Microprocessor Antitrust Litigation., C.A. No. 05-1717 JJF, May 14, 2008.Farnan, J. This Court adopts Special Master’s recommendation that non-party be sanctioned for vexatious litigation conduct during adjudication of discovery dispute. A…
Court lacks jurisdiction over interference appeal
Human Genome Sciences, Inc. v. Amgen, Inc. et al., C.A. No. 07-780 SLR, May 9, 2008.Robinson, J. Court grants defendants’ motion to dismiss for lack of subject matter jurisdiction under 35 U.S.C. § 146 where…
Court issues contempt order against defendant for failure to abide by injunction
Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).Sleet, C.J. Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced…
Case is transferred to Texas where litigation was first filed
Comcast Cable Communications, LLC et al, v. USA Video Technology Corp., C.A. No. 06-407-JJF, April 29, 2008.Farnan, J. Defendant’s motion to dismiss, stay or transfer is granted. Plaintiffs seek a declaratory judgment action that it…
Court denies motion to disqualify law firm
Reliant Pharmaceuticals, Inc., v. Par Pharmaceutical, Inc., C.A. No. 06-774-JJF, April 24, 2008.Farnan, J. Plaintiff moves to disqualify law firm from representing the defense based on firm’s previous representation of plaintiff in a related matter. …
Subpoena conduct allegations result in evidentiary hearing
Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.Farnan, J. Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm. The Court ordered an evidentiary…