Delaware Intellectual Property Law Update

November 13, 2017

Publication| Intellectual Property

Welcome to the latest edition of the Richards, Layton & Finger Intellectual Property Law Update. As always, if you have questions about any of the decisions listed below or the District of Delaware in general, please let us know.

Judge Jordan Denies Renewed Motion for Judgment as a Matter of Law
In Parallel Networks Licensing, LLC v. Microsoft Corp., C.A. No. 13-2073-KAJ (D. Del. Sept. 26, 2017), Circuit Judge Kent A. Jordan, sitting by designation, denied Parallel Networks LLC’s renewed motion for judgment as a matter of law of infringement and motion for a new trial. At trial, the Court granted Parallel’s motion for judgment as a matter of law on invalidity (the defendant, Microsoft Corp., had not presented the defense), and the jury returned a verdict of non-infringement.

Judge Andrews Invalidates Patent on Section 101 and Anticipation Grounds
In Broadsoft, Inc. v. CallWave Communications, LLC, C.A. No. 13-711-RGA (D. Del. Oct. 1, 2017), a declaratory judgment action, Judge Andrews granted Broadsoft, Inc.’s motion for judgment on the pleadings and for summary judgment that the patents asserted by the defendant, CallWave Communications, LLC, were unpatentable and anticipated.

Chief Magistrate Judge Thynge Recommends Denial of Motion to Dismiss for Lack of Subject Matter Jurisdiction
In Tabletop Media, LLC v. AMI Entertainment Network, LLC, C.A. No. 16-1121-RGA-MPT (D. Del. Oct. 10, 2017), Chief Magistrate Judge Thynge recommended that the Court deny AMI Entertainment Network, LLC’s motion to dismiss for lack of subject matter jurisdiction this action for a declaratory judgment of non-infringement filed by Tabletop Media, LLC, the plaintiff.     

Judge Sleet Appoints Special Master to Hear Protective Order Dispute
In Orexo AB v. Actavis Elizabeth LLC, C.A. No. 17-205-GMS (D. Del. Oct. 10, 2017), in response to the defendants’ motion to strike or dismiss the complaint, Judge Sleet appointed a special master to hear the defendants’ allegation that the plaintiffs had misused confidential information in preparing their case.

Judge Andrews Denies Without Prejudice Motion to Vacate Summary Judgment of Invalidity
In CallWave Communications LLC v. AT&T Mobility LLC, C.A. No. 12-1701-RGA (D. Del. Oct. 10, 2017), and related cases, Judge Andrews denied the plaintiff’s motion to vacate the Court’s claim construction of a particular term and the Court’s grant of summary judgment that certain claims of an asserted patent were invalid under 35 U.S.C. § 101.         

Magistrate Judge Fallon Grants Leave to Amend Complaint
In LEO Pharma A/S, LEO Laboratories Limited v. Perrigo UK Finco Limited Partnership, C.A. No. 16-430-JFB-SRF (D. Del. Sept. 20, 2017), Magistrate Judge Fallon granted leave to amend the complaint, holding that the amended complaint would not cause undue delay or be futile.  Plaintiffs LEO Pharma A/S, LEO Laboratories Limited, and LEO Pharma, Inc. (collectively, “LEO”) initiated this patent infringement action in June of 2016 against the defendants, Perrigo UK Finco Limited Partnership and Perrigo Company (collectively, “Perrigo”).

Judge Burke Orders Parties to Reduce Number of Asserted Claims and Prior Art Grounds
In Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., C.A. No. 15-819-LPS-CJB (Oct. 2, 2017), Magistrate Judge Burke ordered the plaintiffs to reduce the number of asserted claims to 12, drawn from the 6 asserted patents, within a month; the defendant was ordered to reduce its asserted prior art grounds to 16 within 6 days of the plaintiffs’ narrowing of claims.     

Judge Sleet Orders Parties to Clarify Claim Construction Terms in Dispute
In F’Real Foods LLC v. Hamilton Beach Brands, Inc., C.A. No. 16-41-GMS (D. Del. Oct. 6, 2017), Judge Sleet ordered the parties to file a revised joint claim construction chart containing the final 15 claim terms they intend to argue at the Markman hearing.     


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