Blog – Delaware Intellectual Property Litigation

http://delawareintellectualproperty.foxrothschild.com/

Greg explores the decisions issued by the U.S. District Court of Delaware in the areas of antitrust and intellectual property law in the firm's Delaware Intellectual Property Litigation blog.

Recent Blog Posts

  • Chief Judge Stark Grants IBM’s Motion for Summary Judgment of No Anticipation By Memorandum Opinion entered by The Honorable Leonard P. Stark in International Business Machines Corp. v. The Priceline Group Inc. et al., Civil Action No. 15-137-LPS (D.Del. September 18, 2017), the Court, among other things, granted plaintiff International Business Machines Corporation’s (“IBM’s”) motion for summary judgment on no anticipation of the asserted claims of U.S. Patent No. 5,796,967 (“the ‘967 patent”) in light of the Apple HyperCard System. IBM asserted that Defendants could not show by clear and convincing evidence that... More
  • Judge Sleet Invalidates Patents-in-Suit After Finding of Obviousness and Enters Judgment in Favor of Alleged Infringer in Hatch-Waxman Action Following a five-day bench trial in the matter in February 2017 and after having considered the entire record in the case and the applicable law, the Court, through Memorandum, entered by The Honorable Gregory M. Sleet in Tris Pharma, Inc. v. Actavis Laboratories FL, Inc., Civil Action No. 14-1309-GMS (consolidated) (D.Del. September 6, 2017), entered judgment in favor Defendant Actavis Laboratories FL, Inc. (“Actavis”) after concluding that all asserted claims of the patents-in-suit are invalid due to obviousness. The patents-in-suit... More
  • Judge Stark Denies Plaintiffs’ Motion for Reconsideration and Grants Defendants’ Motion for Summary Judgment in Part Finding Certain Claims Patent-Ineligible By Memorandum Opinion entered by The Honorable Leonard P. Stark in Intellectual Ventures I LLC v. T-Mobile USA, Inc. et al., Civil Action No. 13-1632-LPS (D.Del. August 23, 2017) (consolidated), the Court denied Plaintiff’s motion for reconsideration of a prior Order of the Court and granted in part and denied in part Defendants’ motion for summary judgment. Specifically, the Court denied Plaintiff’s motion for reconsideration of the Court’s December 30, 2016 Memorandum Opinion which granted Defendants’ motion for judgment on the... More
  • Chief Judge Stark Grants Defendants’ Motion for Invalidity of ‘405 Patent for Nonenablement By Memorandum Opinion entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Abbott Laboratories et al., Civil Action No. 12-274-LPS (D.Del. August 18, 2017 (public version), the Court granted Defendants Abbott Laboratories and Abbott Molecular, Inc.’s Motion for Summary Judgment of Invalidity of U.S. Patent No. 8,097,405 (“the ‘405 patent”) for Nonenablement. “Enablement” requires the specification of a patent to “teach those of skill in the art how to make and how to use the invention... More
  • Chief Judge Stark Overrules Parties’ Objections, Adopts Judge Burke’s Order Denying Defendants’ Motion to Stay Pending Arbitration and Denies Plaintiff’s Motion to Enjoin Arbitration By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Co. v. Dollar Shave Club, Inc. et al., Civil Action No. 15-1158-LPS-CJB (D.Del. August 7, 2017), the Court overruled the parties’ objections to the Memorandum Order issued on March 7, 2017 by Magistrate Judge Burke denying defendants’ motion to stay the action pending arbitration and adopted Judge Burke’s Order. Specifically, the Court overruled defendants’ objections to Judge Burke’s determinations that the Court, and not the Arbitral Tribunal,... More
  • Judge Sleet Finds Independent Claims of Patents-in-Suit Invalid and Grants Defendants’ Motion to Dismiss Patent Infringement Action By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Jedi Technologies, Inc. v. Spark Networks, Inc. et al., Civil Action No. 16-1055-GMS (D.Del. August 3, 2017), the Court granted defendants’ motion to dismiss plaintiff’s patent infringement action under Federal Rule of Civil Procedure 12(b)(6) after finding that plaintiff’s patents claim ineligible subject matter under 35 U.S.C. § 101. Specifically, the Court found that the asserted claims of the patents-in-suit, U.S. Patent Nos. 7,885,977 (“the ‘977 patent”), 8,417,729 (“the... More
  • Judge Sleet Denies Defendants’ Motion to Transfer Venue in Patent Infringement Action By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which sought to transfer venue of the patent infringement action to either the Northern District of California, the Western District of Washington, or the Eastern District of New York pursuant to 28 U.S.C. § 1406, or alternatively to transfer all actions to the Northern District of... More
  • Judge Sleet Grants Counterclaim Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction in Antitrust Action By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Nespresso USA, Inc. v. Ethical Coffee Company SA, Civil Action Np. 16-194-GMS (D.Del. July 13, 2017), the Court granted the motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2) of Counterclaim Defendants Nestle Nespresso SA, Nestle SA (“Nestle”) and Nestec SA (“Nestec). In granting the motion, the Court found that neither Nestle or Nestec are “at home” in Delaware and, thus, cannot be... More
  • Chief Judge Stark Grants Defendants’ Motion for Summary Judgment of Invalidity of ‘180 Patent Based on Nonenablement By Memorandum Opinion entered by The Honorable Leonard P. Stark in Enzo v. Gen-Probe Inc., Civil Action No. 12-104-LPS (consolidated) (D.Del., June 28, 2017), the Court granted the motion of defendants Gen-Probe Incorporated and Hologic, Inc. for summary judgment of invalidity of U.S. Patent No. 6,992,180 (“the ‘180 patent”) on nonenablement grounds. In doing so, the Court found that there was no genuine dispute of fact that the ‘180 patent specification lacks enablement and that a reasonable jury could not... More
  • Chief Judge Stark Denies Plaintiffs’ Motion to Remand Removed Eliquis®Cases By Memorandum Order entered by The Honorable Leonard P. Stark in Margaret Kay Young, et al. v. Bristol-Myers Squibb Co. and Pfizer Inc. and 32 similar actions, Civil Action Nos. 17-609-LPS through 17-641-LPS, (D.Del. June 27, 2017), the Court denied Plaintiffs’ motion to remand 33 removed Eliquis® actions to state court. Plaintiffs contended that Defendants’ removal of the actions to federal court was improper under 28 U.S.C. § 1441(b) because Defendants are citizens of Delaware. Id. at*2. Specifically, Plaintiffs contended... More