Richards Layton & Finger
 

Intellectual Property - Timing of Claim Construction Rulings

May 27, 2011

Judge Stark Construes Claims Four and a Half Months After Markman Hearing

In Wyeth, LLC v. Intervet, Inc., C.A. No. 09-161-LPS (D. Del. Mar. 22, 2011), Judge Stark issued his claim construction opinion four and a half months after the Markman hearing.  No trial date was scheduled at the time.

Judge Stark Construes Claims Three Days After Markman Hearing

In Mylan Pharmaceuticals, Inc. v. Galderma Laboratories, Inc. et al., C.A. No. 10-892-LPS (D. Del. Mar. 24, 2011), Judge Stark issued his claim construction opinion three days after the Markman hearing.  No trial date was scheduled at the time.

Judge Stark Construes Claims Less Than Two Months After Markman Hearing

In BigBand Networks, Inc. v. Imagine Communications, Inc., C.A. No. 07-351-LPS (D. Del. Mar. 24, 2011), Judge Stark issued his claim construction opinion less than two months after the Markman hearing.  No trial date was scheduled at the time.

Judge Stark Construes Claims Less Than One Month After Markman Hearing

In Pfizer Inc., et al. v. Dr. Reddy’s Laboratories Ltd., et al., C.A. No. 09-943-LPS (D. Del. Feb. 28, 2011), Judge Stark issued his claim construction opinion 26 days after the Markman hearing.  No trial date was scheduled at the time.

Judge Stark Construes Claims Four Months After Markman Hearing

In Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., C.A. No. 09-598-LPS (D. Del. Feb. 23, 2011), Judge Stark issued his claim construction opinion four months after the Markman hearing.  No trial date was scheduled at the time.

Magistrate Judge Thynge Construes Claims Two and a Half Months After Markman Hearing            

In Masimo Corp. v. Philips Electronics North America Corp., et al., C.A. No. 09-80-LPS-MPT (D. Del. Feb. 18, 2011), Magistrate Judge Thynge issued her claim construction opinion almost two and a half months after the Markman hearing.  Trial had been scheduled for January 10, 2012, but that trial date was cancelled on October 14, 2010.

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