Delaware Intellectual Property Law Update

May 9, 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 Motion for Preliminary Injunction and Grants Motion to Dismiss Indirect Infringement and Willfulness 
In Oil Lift Technology Inc. v. Millennium Oilflow Systems & Technology Inc., No. 17-1212-LPS-CJB (D. Del. Apr. 10, 2018), Chief Judge Stark denied Oil Lift Technology Inc.’s motion for a preliminary injunction against the defendants, Millennium Oilflow Systems & Technology Inc. and MOST Oil USA Inc., and granted in part the defendants’ motion to dismiss claims of indirect and willful infringement.

Magistrate Judge Burke Permits Deposition of Claim Construction Declarant
In Astellas Pharma Inc. v. Actavis Elizabeth LLC, No. 16-905-JFB-CJB (D. Del. Feb. 27, 2018), Magistrate Judge Burke granted the defendants’ request to depose an expert who submitted a declaration regarding indefiniteness (among other issues) in support of the plaintiffs’ opening claim construction brief.        

Chief Judge Stark Invalidates Patent Under Section 101
In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 15-1168-LPS (D. Del. Feb. 27, 2018), Chief Judge Stark granted the defendants’ motion for summary judgment of invalidity, holding that two representative claims of the patent at issue were not directed to patentable subject matter.  The patent at issue was directed to damping various types of vibrations in vehicle components.  

Magistrate Judge Fallon Denies Motion to Compel Deposition and Production of Communications with Third-Party Deponent
In Evolved Wireless, LLC v. Apple Inc., No. 15-542-JFB-SRF (D. Del. Feb. 16, 2018), and related actions, Magistrate Judge Fallon denied Evolved Wireless, LLC’s motion to compel defendants in these cases to produce communications with third party Qualcomm, Inc. regarding topics on which Qualcomm had been deposed. 

Chief Judge Stark Denies Motion to Enter Final Judgment
In Fairchild Semiconductor Corp. v. Power Integrations, Inc., C.A. No. 12-540-LPS (D. Del. March 16, 2018), Chief Judge Stark denied Power Integrations, Inc.’s motion for entry of final judgment.  After an eight-day jury trial in 2015, in which the parties asserted patents against each other, the jury found that, inter alia, the plaintiffs, Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corp. (together, “Fairchild”), directly and indirectly infringed two claims of an asserted Power Integrations patent.  

Magistrate Judge Burke Recommends Granting Motion for Summary Judgment of No Infringement
In Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., No. 15-819-LPS-CJB (D. Del. Feb. 20, 2018), Magistrate Judge Burke recommended that the Court grant Hyperbranch Medical Technology, Inc.’s motion for summary judgment of non-infringement of one of the five patents asserted by the plaintiffs, Integra LifeSciences Corp., Integra LifeSciences Sales LLC, Confluent Surgical, Inc. and Incept LLC (collectively, “Integra”).

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