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 Grants Plaintiff’s Motion for Reconsideration But Denies Plaintiff’s Post-Trial Motion for Enhanced Damages After Reconsideration By Memorandum Order entered by The Honorable Richard G. Andrews in Nox Medical EHF v. Natus Neuorology Inc., Civil Action No. 15-709-RGA (D.Del. December 7, 2018), the Court granted Plaintiff’s Motion for Reconsideration upon acknowledging that it did not appreciate the differences between U.S. Patent No. 9,059,532 (“the ‘532 Patent”) and its European counterpart when it initially denied Plaintiff’s Motion for Enhanced Damages after the jury’s finding of willful infringement by Defendant. However, after reconsideration and changing its view on... More
  • Judge Andrews Grants Defendants’ Motion to Dismiss Patent Infringement Action Based on Patent Ineligible Subject Matter By Memorandum Opinion entered by The Honorable Richard G. Andrews in Finnavations LLC v. Payoneer, Inc., Civil Action No. 18-444-RGA (D.Del. November 26, 2018) (consolidated), the Court granted defendants’ motion to dismiss under 35 U.S.C. §101 after concluding that the asserted claims of the patent-in-suit, U.S. Patent No. 9,569,755 (“the ‘755 Patent”), are directed to patent ineligible subject matter and do not contain an inventive concept. A copy of the Memorandum Opinion is attached.... More
  • Happy Thanksgiving! Happy Thanksgiving!... More
  • Judge Noreika Enters Markman Order Construing Three (3) Terms in Dispute in Patents-in-Suit By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Invensas Corporation v. Samsung Electronics Co., Ltd. et al., Civil Action No. 17-1363-MN (D.Del. November 16, 2018), the Court entered its Markman ruling construing three (3) terms in dispute in U.S. Patent Numbers 6,232,231 (“the ‘231 Patent”) and 6,849,946 (“the ‘946 Patent”). Ultimately, the Court agreed with Plaintiff Invensas’s proposed construction for all three (3) terms in dispute finding (1) the terms “substantially planar” and “substantially co-planar” are not... More
  • Judge Andrews Denies Defendants’ Motions to Declare Case “Exceptional” and Request for Attorneys’ Fees After Vacating Previous Judgments of Non-Infringement By Memorandum Order entered by The Honorable Richard G. Andrews in Dragon Intellectual Property, LLC v. Dish Network, LLC, Civil Action No. 13-02066-RGA (D.Del. November 7, 2018) (consolidated), the Court denied the motions of Defendants DISH Network, LLC and Sirius XM Radio Inc. requesting the Court to declare the case exceptional and award reasonable attorneys’ fees pursuant to 35 U.S.C. § 285. In denying the motions, the Court explained that the moving defendants are not prevailing parties because the previous... More
  • Judge Andrews Denies Defendant’s Motion to Exclude Supplemental Expert Report and Opinion of Plaintiffs’ Damages Expert in Patent Infringement Action By Memorandum Order entered by The Honorable Richard G. Andrews in Bio-Rad Laboratories, Inc. et al. v. 10X Genomics, Inc., Civil Action No. 15-152-RGA (D.Del. November 2, 2018), the Court denied Defendant’s motion to exclude the Supplemental Expert Report and Opinion of Plaintiffs’ damages expert, James E. Malackowski, and preclude Plaintiffs from presenting lost profits at trial. By way of background, the Court entered a prior Daubert order which excluded Mr. Malackowski’s lost profits opinion regarding a two-supplier market and his... More
  • Chief Judge Stark Denies Defendant’s Motion to Preclude Evidence Under Daubert By Memorandum Order entered by The Honorable Leonard P. Stark in Fairchild Semiconductor Corp. et al. v. Power Integrations, Inc., C.A. No. 12-540-LPS (D.Del. October 25, 2018), the Court denied Power Integration’s Motion to Preclude Evidence Under Daubert. In short, the Court concluded that (1) the challenged expert, Dr. Hanfield, is sufficiently qualified to provide reliable and helpful testimony on the topics that he has been offered; (2) Dr. Hanfield is highly experienced in supply chain management is a preeminent... More
  • Chief Judge Stark Enters Markman Ruling Construing Eight Terms in Dispute in Patent-in-Suit By Memorandum Opinion and Order entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Hologic Inc. et al., Civil Action No. 16-894-LPS-CJB (D.Del. October 15, 2018), the Court entered its Markman ruling construing eight (8) terms in dispute in U.S. Patent No. 6,221,581 (“the ‘581 patent”). Copies of the Memorandum Opinion and Order are attached.... More
  • Chief Judge Stark Denies Defendant’s Partial Motion to Dismiss Based on Patent Ineligible Subject Matter Without Prejudice to Refile during Summary Judgment Stage By Memorandum Opinion entered by The Honorable Leonard P. Stark in Visual Effect Innovations, LLC v. Sony Electronics Inc., Civil Action No. 17-1276-LPS (D.Del. September 30, 2018), the Court denied Sony’s partial motion to dismiss the Complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure based on Sony’s contention that the asserted claims of U.S. Patent Numbers 9,699,444 (“the ‘444 patent”) and 9,716,874 (“the ‘874 patent”) are not directed to patent-eligible... More
  • District of Delaware Updates Its Case Assignments and Magistrate Judge Utilization Plan Yesterday, the United States Court for the District of Delaware provided an update on its case assignments and Magistrate Judges utilization plan in light of the last week’s retirement of Judge Gregory M. Sleet. The update advised that, with few exceptions, all open cases that were formerly assigned to Judge Gregory M. Sleet (GMS docket) have been reassigned to one of the four active District of Delaware District Judges. Newly-filed cases are being assigned in essentially equal numbers to the four... More