Judge Andrews Grants Severance And Denies Motion to TransferIn Investpic, LLC, v. SAS Institute, Inc., C.A. No. 10-1028-RGA (D. Del. May 15, 2012), Judge Andrews denied a motion to transfer and granted a motion to sever. Plaintiff had originally filed a complaint against 15 defendants for patent infringement. First, Judge Andrews concluded that the movant had…

Judge Robinson Rules on Motions Arising from Pleadings in Related Cases In CyberFone Systems, LLC v. Cellco Partnership, C.A. Nos. 11-827 through 835 (D. Del. Apr. 30, 2012), Judge Robinson ruled on a number of motions brought by defendants in these related cases. Judge Robinson denied a motion to sever for improper joinder brought on the…

In the last few months, the United States District Court for the District of Delaware has issued a number of decisions of note in the intellectual property area.

Judge Stark Denies Plaintiff’s Request to Reargue Its Motion in LimineIn ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-LPS (D. Del. May 4, 2012), Judge Stark denied plaintiff’s motion requesting reargument of its motion in limine to preclude non-infringement arguments and evidence on elements already deemed literally present in the modified product.…

Judge Robinson Rules that Patents Are Not Invalid In OSI Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., C.A. No. 09-185-SLR (D. Del. May 1, 2012), Judge Robinson concluded after a bench trial that defendant Mylan Pharmaceuticals, Inc. failed to prove that the patents-in-suit, which concerned a compound for treating a particular kind of lung cancer, were invalid.…

In Frank v. Elgamal, the Court of Chancery held that entire fairness review would apply to a cash-out merger between American Surgical Holdings, Inc. and an unaffiliated private equity purchaser, having concluded that the plaintiff adequately alleged the existence of a control group.

In In re Answers Corporation Shareholders Litigation, the Court of Chancery refused to dismiss a lawsuit in connection with the acquisition of Answers Corporation by Summit Partners, L.P., holding that the plaintiffs adequately pled that four of Answers’ seven directors—though disinterested and independent—conceivably could have acted in bad faith, having known of the other directors’ interest but nevertheless conducting an expedited sales process.

In Gearreald v. Just Care, Inc., the Court of Chancery’s $35 million valuation of Just Care, Inc. in an appraisal proceeding was approximately $6 million less than the acquisition price.

In In re Comverge Inc. Shareholders Litigation, the Court of Chancery in an oral ruling refused to enjoin the acquisition of Comverge, Inc. by HIG Capital LLC, finding that the independent directors made reasonable decisions, even if those decisions were debatable in hindsight.

In Forsythe v. ESC Fund Management Co. (U.S.), Inc., the Court of Chancery resolved objections to a settlement by giving objectors the option of continuing the case in pursuit of a larger recovery if they agreed to post a secured bond.