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 Sleet Grants Defendants’ Motion for Summary Judgment of Non-Infringement in Patent Action By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Quest Licensing Corp. v. Bloomberg L.P. et al., Civil Action No. 14-561-GMS (D.Del., January 19, 2017), the Court granted Defendants’ Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,194,468 (“the ‘468 patent”). By way of background, the ‘468 patent discloses an apparatus and method enabling a subscriber to receive via mobile telecommunications network information that is updated in real time such as financial market information. Id. at *2.... More
  • Chief Judge Stark Denies Motion to Stay in Kraft v. Heartland Infringement Action Pending Ruling on Venue by U.S. Supreme Court By Memorandum Order entered by The Honorable Leonard P. Stark in Kraft Foods Group Brands LLC v. TC Heartland, LLC et al., Civil Action No. 14-28-LPS, the Court denied the Heartland defendants’ motion to stay all case-dispositive matters in the patent infringement action, including dispositive pre-trial rulings and the trial, pending the ruling by the U.S. Supreme Court on the venue issue before it through its granting of the Heartland defendants’ petition for a writ of certiorari on December 14,... More
  • Chief Judge Stark Grants Defendants’ Motion for Partial Summary Judgment of No Willful Infringement By Memorandum Opinion entered by The Honorable Leonard P. Stark in Vehicle IP, LLC v. AT&T Mobility LLC, et al., Civil Action No. 09-1007-LPS (D.Del., December 30, 2016), the Court granted defendants Telecommunication Systems, Inc., Networks in Motion, Inc., and Cellco Partnership (collectively, the “TCS Defendants”) motion for partial summary judgment of no willful infringement and denied a number of other motions to exclude and motions for summary judgment or partial summary judgment filed by the parties. In evaluating the TCS... More
  • Happy Holidays! Happy Holidays!... More
  • Judge Robinson Grants Takeda’s Motion to Alter or Amend Judgment and Resurrects Previously Dismissed Patent Infringement Action By Memorandum Order entered by The Honorable Sue L. Robinson in Takeda Pharmaceuticals U.S.A., Inc. v. West-Ward Pharmaceutical Corp., Civil Action No. 14-1268-SLR (D.Del., December 14, 2016), the Court granted plaintiff Takeda Pharmaceuticals U.S.A., Inc.’s motion filed pursuant to Rules 59(e) and 15(a) of the Federal Rules of Civil Procedure seeking to (1) reopen the judgment of dismissal of the action previously entered under Rule 12(b)(6) for failure to state a claim and (2) to amend the complaint. In evaluating Takeda’s... More
  • Judge Andrews Construes Two Phrases in Dispute in Patent-in-Suit and Finds Dependent Claim Invalid Under 35 U.S.C. § 112 By Memorandum Opinion entered by The Honorable Richard G. Andrews in Amgen Inc. v. Hospira, Inc., Civil Action No. 15-839-RGA (D.Del., November 30, 2016), the Court issued its claim constructions for the two phrases in dispute in claims 1 and 8 of U.S. Patent No. 5,856,298 (“the ‘298 patent”) and found that claim 8 of the ‘298 patent is invalid under 35 U.S.C. § 112 because it is a dependent claim that contradicts a limitation of the claim from which... More
  • Chief Judge Stark Denies Defendant’s Motion to Continue Trial and Issues Rulings on Motions in Limine in Patent Infringement Action By Memorandum Order entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., Civil Action No. 13-1987-LPS (D.Del., November 22, 2016) (consolidated), the Court denied Defendant’s motion requesting a continuance of the scheduled December 2016 trial and issued its ruling on certain motions in limine filed by the parties. The Court also forecasted that it would allocate each side between eighteen (18) and twenty-two (22) hours for its trial presentation, with... More
  • After Two Day Bench Trial in ANDA Action, Judge Robinson Finds The ‘353 Patent Valid But Not Infringed by Generic By Memorandum Opinion entered by The Honorable Sue L. Robinson in Merck Sharp & Dohme Corp. v. Teva Pharmaceuticals USA, Inc., Civil Action No. 14-874-SLR (D.Del., November 16, 2016), the Court found the asserted claims of U.S. Patent No. 6,127,353 (“the ‘353 patent”) are valid but that defendant does not infringe the asserted claims of the ‘353 patent with its ANDA product.[1] Specifically, the Court found in favor of plaintiff Merck and against defendant as to defendant’s asserted affirmative defenses... More
  • Judge Sleet Issues Markman Opinion in Infringement Action Construing Seven (7) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Forest Laboratories, LLC, et al. v. Apotex Corp., et al., Civil Action No. 15-018-GMS (D.Del., November 8, 2016) (consolidated), the Court rendered its Markman opinion construing seven (7) disputed terms in U.S. Patent Nos. 6,417,175 (“the ‘175 patent”) and 8,247,400 (“the ‘400 patent”). The patents-in-suit relate to new cephem compounds useful for the treatment of bacterial infections and pharmaceutical compositions containing the compounds. A copy of the Memorandum Opinion is... More
  • Chief Judge Stark Issues Markman Opinion in Infringement Action Construing Nine (9) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. Centurytel Broadband Services, LLC, et al., Civil Action No. 11-339-LPS (D.Del., November 4, 2016) (consolidated), the Court rendered its Markman opinion construing nine (9) disputed terms in U.S. Patent Nos. 5,844,596 (“the ‘596 patent”), 6,243,446 (“the ‘446 patent”) and 6,542,585 (“the ‘585 patent”). The patents-in-suit are directed to systems for transmitting data to residences or businesses over existing telephone wiring without interfering with telephone... More