Intellectual Property – Timing of Claim Construction Rulings
June 6, 2012
Publication| Intellectual Property
Magistrate Judge Burke Issues a Report and Recommendation for Disputed Claim Construction Terms
In Virgin Atlantic Airways Ltd. v. Delta Airlines, Inc., C.A. No. 11-61-LPS-CJB (D. Del. Apr. 27, 2012), Judge Burke issued a report and recommendation on disputed claim construction terms in an action filed by plaintiff Virgin Atlantic Airways Limited against Defendant Delta Airlines, Inc. alleging infringement of a patent related to an aircraft seating system. The parties filed simultaneous opening claim construction briefs on February 6, 2012, and simultaneous responsive briefs on March 5, 2012. The Markman hearing was held on April 10, 2012.
Judge Andrews Construes Claims One Month After Markman Hearing
In XpertUniverse, Inc. v. Cisco Systems, Inc., C.A. No. 09-157-RGA (D. Del. Apr. 20, 2012), Judge Andrews issued a claim construction opinion one month after the Markman hearing. Trial is currently scheduled for March 13, 2013.
Judge Andrews Construes Claims Two Months After Markman Hearing
In Broadridge Financial Solutions, Inc. v. Inveshare, Inc., C.A. No. 10-075-RGA (D. Del. Apr. 11, 2012), Judge Andrews issued a claim construction opinion two months after the Markman hearing. Trial is currently scheduled for June 24, 2013.
Judge Andrews Construes Claims Two Months After Markman Hearing
In AVM Technologies, LLC v. Intel Corporation, C.A. No. 10-610-RGA (D. Del. Mar. 30, 2012), Judge Andrews issued a claim construction opinion two months after the Markman hearing. Trial is currently scheduled for February 11, 2013.
Judge Andrews Construes Claims One Month After Markman Hearing
In Shire LLC v. Teva Pharmaceuticals USA Inc., C.A. No. 10-329-RGA (D. Del. Mar. 22, 2012), Judge Andrews issued a claim construction opinion one month after the Markman hearing. Trial is currently scheduled for September 17, 2012.
Judge Andrews Construes Claims Two Months After Markman Hearing
In Cree Inc. v. SemiLEDs Corp., C.A. No. 10-866-RGA (D. Del. Mar. 21, 2012), Judge Andrews issued a claim construction opinion two months after the Markman hearing. Trial is currently scheduled for March 5, 2013.
Judge Stark Construes Claims Three Months After Markman Hearing and Rules on Parties’ Motions for Summary Judgment
In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 08-309-LPS (D. Del. March 13, 2012) (public redacted version, March 20, 2012), Judge Stark issued his claim construction opinion three months after the Markman hearing held on December 13, 2011. Judge Stark also denied the parties’ cross-motions for summary judgment on the issue of infringement of a patent-in-suit and Fairchild’s motion for summary judgment on the issue of validity of a patent-in-suit, finding that genuine issues of material fact existed that precluded summary judgment. A jury trial concluded on April 27, 2012.
Judge Stark Construes Claims Five Months After Markman Hearing
In Cooper Notification, Inc. v. Twitter, Inc., et al., C.A. No. 09-865-LPS (D. Del. Feb. 17, 2012), Judge Stark issued his claim construction opinion five months after the Markman hearing held on September 9, 2011. A 10-day jury trial is set for July 9, 2012.
Judge Stark Construes Claims Seven and a Half Months After Markman Hearing
In Galderma Laboratories, L.P., et al. v. Tolmar Inc., et al., C.A. No. 10-45-LPS (D. Del. Feb. 13, 2012), Judge Stark issued his claim construction opinion seven and a half months after the Markman hearing held on June 29, 2011. Two supplemental claim construction disputes arose after the Markman hearing, and briefing on these terms was completed on January 6, 2012. A bench trial concluded on March 14, 2012.
Judge Stark Construes Claims Less Than a Month After Markman Hearing
In Astrazeneca UK Limited, et al. v. Watson Laboratories, Inc., et al., C.A. No. 10-915-LPS (D. Del. Feb. 2, 2012) (unsealed on February 9, 2012), Judge Stark issued his claim construction opinion less than a month after the Markman hearing held on January 13, 2012. A five-day bench trial is set for September 24, 2012.
Judge Stark Construes Claims Nine and a Half Months After Markman Hearing
In Magnetar Technologies Corp., et al. v. Six Flags Theme Park Inc., et al., C.A. No. 07-127-LPS-MPT (D. Del. Feb. 1, 2012), then-Judge Farnan held a Markman hearing on October 15, 2009. After the case was reassigned, Judge Stark held another Markman hearing on April 14, 2011, and issued his claim construction opinion nine and a half months after the Markman hearing. No trial date was scheduled at the time.