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

  • Judge Andrews Issues Markman Ruling in Infringement Action Construing Eight (8) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman ruling construing eight (8) disputed terms in U.S. Patent Nos. 6,701,344 (“the ‘344 patent”), 6,714,966 (“the ‘966 patent”), 6,829,634 (“the ‘634 patent”), 6,910,069 (“the ‘069 patent”), 6,732,147 (“the ‘147 patent”), and 6,920,497 (“the ‘497 patent”). A copy of the Memorandum Opinion is attached.... More
  • Judge Andrews Issues Markman Ruling in Infringement Action Construing Nine (9) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Richard G. Andrews in Sanofi-Aventis U.S. LLC et al. v. Merck Sharp & Dohme Corp., Civil Action No. 16-812-RGA (D.Del. January 12, 2018), the Court rendered its Markman ruling construing nine (9) disputed terms in U.S. Patent Nos. 8,603,044 (“the ‘044 patent”), 8,679,069 (“the ‘069 patent”), 8,992,486 (“the ‘486 patent”), 9,526,844 (“the ‘844 patent”), 9,533,105 (“the ‘105 patent”), 9,457,152 (“the ‘152 patent”), 9,592,348 (“the ‘348 patent”), 7,476,652 (“the ‘652 patent”), 7,713,930 (“the ‘930... More
  • Chief Judge Stark Denies GN Netcom’s Motion for a New Trial By Memorandum Opinion entered by The Honorable Leonard P. Stark in GN Netcom, Inc. v. Plantronics, Inc., Civil Action No. 12-1318-LPS (D.Del. January 3, 2018), the Court denied Plaintiff GN Netcom’s motion for a new trial. Following a six-day jury trial, the jury returned a verdict in favor of Defendant Plantronics, Inc. Thereafter, GN Netcom moved for a new trial contending the Court erred and prejudiced GN Netcom’s substantial rights in two ways: (1) with regard to Plantronics’ spoliation of... More
  • Happy New Year! Happy New Year!    ... More
  • Judge Sleet Denies Macleods Defendants’ Motion for Judgment on the Pleadings in ANDA Action By Memorandum Order entered by The Honorable Gregory M. Sleet in Amgen Inc. v. Macleods Pharmaceuticals, Ltd., Civil Action No. 17-817-GMS (D.Del. December 19, 2017) (consolidated), the Court denied the Motion for Judgment on the Pleadings of defendants Macleods Pharmaceuticals, Ltd. and Macleods Pharma USA, Inc. (collectively, “Macleods”). Plaintiff Amgen filed the patent infringement action against Macleods s for infringement of one or more claims of Amgen’s U.S. Patent No. 9,375,405 (“the ‘405 patent”) after Macleods filed its Abbreviated New Drug... More
  • Chief Judge Stark Dismisses Without Prejudice U.S. Patent No. 6,229,366 from Pending Patent Infringement Action Following Reexamination Amendments By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without prejudice U.S. Patent No. 6,229,366 (“the ‘366 patent”) from the action, which was filed more than a dozen years ago, given that the U.S. Patent and Trademark Office allowed amended claims during Fairchild’s ex parte reexamination, issued a reexamination certificate and the reexamination amendments effected a substantive... More
  • Chief Judge Stark Denies Mylan Defendants’ Motion to Dismiss or Transfer for Improper Venue Subject to Right to Renew After Venue-Related Discovery By Memorandum Order entered by The Honorable Leonard P. Stark in Javelin Pharmaceuticals, Inc. et al. v. Mylan Laboratories Limited et al., Civil Action No. 16-224-LPS (D.Del., December 1, 2017), the Court denied without prejudice the motion to dismiss for improper venue or, in the alternative, to transfer venue to the Northern District of West Virginia of Defendant Mylan Laboratories Limited, Mylan, Inc. and Mylan Pharmaceutical Inc. (collectively, the “Mylan Defendants”). In doing so, the Court granted Plaintiffs’ request for... More
  • Chief Judge Stark Overrules Parties’ Objections and Adopts Magistrate Judge Fallon’s Recommended Constructions of Two Disputed Terms in Patents-in-Suit By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff and defendant and adopted the recommended constructions of two disputed terms in U.S. Patent Nos. 7,947,295 (“the ‘295 patent”) and 8,921,337 (“the ‘337 patent”). A copy of the Memorandum Order is attached.... More
  • Chief Judge Stark Issues Markman Opinion in Infringement Action Construing Twelve (12) Disputed Terms in Patents-in-Suit By Order entered by The Honorable Leonard P. Stark in Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc. et al., Civil Action No. 16-187-LPS (D.Del. November 6, 2017), the Court rendered its Markman ruling construing twelve (12) disputed terms in U.S. Patent Nos. 6,814,921 (“the ‘921 patent”), 6,866,812 (“the ‘812 patent”), 7,166,253 (“the ‘253 patent”), 8,163,228 (“the ‘228 patent”), 9,079,490 (“the ‘490 patent”), 9,399,326 (“the ‘326 patent”), and 9,399,327 (“the ‘327 patent”) . The asserted patents generally relate... More
  • Judge Sleet Issues Markman Order in Infringement Action Construing Four (4) Disputed Terms in Patent-in-Suit By Order entered by The Honorable Gregory M. Sleet in IYM Technologies LLC v. Advanced Micro Devices, Inc., Civil Action No. 16-649-GMS (D.Del. October 27, 2017), the Court rendered its Markman ruling construing four (4) disputed terms in U.S. Patent No. 7,448,012 (“the ‘012 patent”). The ‘012 patent relates to methods and system for improving integrated circuit layout. A copy of the Markman Order is attached.... More