Delaware Intellectual Property Law Update

June 14, 2018

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.

Chief Judge Stark Denies Request to Compel Defendant to Produce Documents from Third Parties 
In Wi-LAN Inc. v. Sharp Electronics Corp., No. 15-379-LPS (D. Del. May 14, 2018), Chief Judge Stark denied the requests of the plaintiff, Wi-LAN Inc., to compel defendant Sharp Electronics Corp. to produce documents from a subsidiary and a parent corporation.

Chief Judge Stark Grants in Part Motion to Dismiss
In Interface Linx, LLC v. Haier America Co., No. 17-1098-LPS (D. Del. Apr. 26, 2018), and related cases, Chief Judge Stark, ruling from the bench, granted in part the defendants’ motion to dismiss the direct, indirect, and willful infringement claims of the plaintiff, Interface Linx, LLC.  The asserted patent covered, inter alia, an HDMI plug and receptacle.        

Magistrate Judge Burke Grants Motion to Compel Production of Sales Records but Grants Protective Order
In Princeton Digital Image Corp. v. Ubisoft Entertainment SA, No. 13-335-LPS-CJB (D. Del. Apr. 20, 2018), Magistrate Judge Burke granted the plaintiff’s request to compel defendant Ubisoft Inc. to produce summary sales, licensing, costs, and profit information relating to the accused video games and make available a Rule 30(b)(6) witness to testify regarding the requested information.  

Magistrate Judge Fallon Denies Motions to Stay
In Boston Scientific Corp. v. Edwards Lifesciences Corp., No. 16-275-JFB-SRF (Apr. 20, 2018), Magistrate Judge Fallon denied without prejudice the defendants’ motion to stay the plaintiff’s patent infringement claim pending the final resolution of IPR proceedings. 

Chief Judge Stark Grants Leave to Assert Inequitable Conduct Defense and Counterclaim
In MorphoSys AG v. Janssen Biotech, Inc., No. 16-221-LPS (D. Del. Apr. 19, 2018), Chief Judge Stark granted the defendants’ motion to amend their pleadings to assert inequitable conduct.  

Judge Sleet Grants Motions to Dismiss Declaratory Judgment Claim
In Genentech, Inc. v. Amgen Inc., No. 17-1407-GMS (D. Del. Apr. 17, 2018), and related action, Judge Sleet granted Amgen Inc.’s motions to dismiss the plaintiffs’ declaratory judgment claim for failure to state a claim and for lack of subject matter jurisdiction.      

Chief Judge Stark Orders Production of Defendants’ Sales Data
In Interface Linx, LLC v. Onkyo USA Corp., No. 17-1099-LPS (D. Del. April 13, 2018), and related actions, Chief Judge Stark ordered the defendants to produce sales data for the accused products dating back to six years before the date of the suit.      

Magistrate Judge Fallon Denies Motion to Quash for Lack of Standing
In Takeda Pharmaceuticals U.S.A. Inc. v. West-Ward Pharmaceutical Corp., No. 14-1268-RGA-SRF (D. Del. Apr. 12, 2018), Magistrate Judge Fallon denied the defendants’ motion to quash a subpoena noticed by the plaintiff, Takeda Pharmaceuticals U.S.A., Inc.    

Judge Stark Consolidates Pending Litigation with Lawsuit Transferred to District of Delaware
In SZ DJI Technology Co. v. Autel Robotics USA LLC, No. 16-706-LPS (D. Del. Mar. 14, 2018), Chief Judge Stark granted the defendants’ motion to consolidate this action with a case transferred from the Western District of Washington.     

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