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 Connolly Grants Defendants’ Motion to Dismiss Plaintiff’s Patent Infringement Claims in Part and Denies in Part By Memorandum Opinion entered by The Honorable Colm F. Connolly in Dynamic Data Technologies, LLC v. Brightcove Inc. et al., Civil Action No. 19-1190-CFC (D.Del. July 20, 2020), the Court denied in part and granted in part Defendants’ motion to dismiss Plaintiff’s fifteen (15) count complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff’s complaint included alleged claims of direct infringement and indirect infringement with respect to the fifteen (15) patents-in-suit and a claim... More
  • Civil and Criminal Jury Trials in the District of Delaware Will Not Resume Until At Least August 31, 2020 due to COVID-19 Due to public safety concerns caused by COVID-19, by Standing Order entered by Chief Judge Leonard P. Stark dated July 16, 2020, the United States District Court for the District of Delaware continued all civil and criminal jury selections and jury trials scheduled to begin before August 31, 2020 until further order of the Court.  A copy of the Court’s Standing Order is attached.... More
  • Judge Andrews Grants Defendants’ Motion for Summary Judgment on Plaintiffs’ Claims of False Advertising By Memorandum Opinion entered by The Honorable Richard G. Andrews in Halosil Int’l, Inc. et al. v. Eco-Evolutions, Inc. et al., Civil Action No. 18-1375-RGA (D.Del. July 14, 2020), the Court granted Defendants’ Motion for Summary Judgment after finding that no reasonable jury could conclude that Defendants’ advertisements were literally false and Plaintiffs’ breach of contact claim was time-barred. With respect to the false advertising claim, Plaintiff alleged that Defendants were liable under Section 43(a) of the Lanham Act, which prohibits... More
  • Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment of Non-Infringement for Failure to Establish Declaratory Judgment Jurisdiction By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion to dismiss counts 3, 4, and 5 of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) after finding that Plaintiff failed to establish declaratory judgment jurisdiction for the claims. Plaintiff sought a declaratory judgment pursuant to 28 U.S.C. § 2201 that two of its products and the use of... More
  • Business Litigation in Delaware State Courts Although I typically blog on intellectual property and antitrust cases in federal court in Delaware, attached for readers of the Delaware Intellectual Property Litigation Blog are links to two articles that I recently co-authored and published on (1) obtaining temporary restraining orders and preliminary injunctions in Delaware Chancery Court and (2) adjudicating business disputes in the Complex Commercial Division of Delaware Superior Court: (1) https://www.law.com/delbizcourt/2020/06/10/obtaining-temporary-restraining-orders-and-preliminary-injunctions-in-chancery-court/ (2) https://news.bloomberglaw.com/us-law-week/insight-adjudicating-business-disputes-in-delawares-complex-commercial-division  ... More
  • HAPPY FATHER’S DAY! CELEBRATING DADS!  HAPPY FATHER’S DAY!!... More
  • District of Delaware Adopts Re-Opening Guidelines and Will Commence Phase One Operations on June 17, 2020 By Order dated June 15, 2020 and issued by Chief Judge Stark, the United States District Court for the District of Delaware issued and adopted its re-opening guidelines that includes four phases of re-opening. Phase One of the re-opening will commence on Wednesday, June 17, 2020. Phase One involves the court’s initial emergence from strict shelter-in-place orders in the community and from cancellation of in-person appearances in court. It is the first step toward an eventual return to normal operations through... More
  • Chief Judge Stark Denies Defendants’ Motion Seeking Litigation Funding-Related Discovery in Patent Infringement Action By Memorandum Order entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. AT&T Corp. et al., Civil Action No. 11-338-LPS (D.Del. June 12, 2020), the Court denied the motion of Defendants AT&T Corp., AT&T Services Inc. and SBC Internet Services, Inc. (collectively, “AT&T”) seeking to compel certain litigation funding-related discovery from Plaintiff United Access Technologies, LLC (“UAT”).  AT&T asserted that the information requested was not privileged and should be produced.  Id. at *1.  UAT opposed the... More
  • Update on Court Operations in Delaware (both Federal and State) Under Exigent Circumstances Created by COVID-19 – as of May 30, 2020 With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients, co-counsel, and others outside of Delaware to provide an update on the Courts’ operations in Delaware (both federal and state courts) and re-opening plans as of May 30, 2020. Federal Courthouse in Delaware With respect to the federal courthouse in Delaware, which... More
  • HAPPY MEMORIAL DAY! In recognition of all those soldiers who died in active military service for the United States of America.  HAPPY MEMORIAL DAY!... More