The Delaware General Assembly has recently enacted legislation amending the Delaware Limited Liability Company Act, the Delaware Revised Uniform Partnership Act and the Delaware Revised Uniform Limited Partnership Act.

The Delaware General Assembly has recently enacted legislation amending the Delaware Statutory Trust Act.

In HealthCor Management v. Allscripts Healthcare Solutions, the Court of Chancery made a few noteworthy observations regarding the use — and potential limitations — of advance notice bylaws.

Magistrate Judge Burke Issues a Report and Recommendation for Disputed Claim Construction TermsIn 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.…

Magistrate Judge Burke Recommends Denial of Summary Judgment MotionIn Wyeth Holdings Corp. v. Sandoz, Inc., C.A. No. 09-955-RGA-CJB (D. Del. Apr. 5, 2012), Magistrate Judge Burke recommended that Judge Andrews deny defendant’s motion for summary judgment of invalidity of the ’828 patent for obviousness-type double patenting in light of claim 97 of the ’183 patent. The…

Magistrate Judge Burke Denies Plaintiffs’ Motion to Compel and Requires Plaintiffs to Narrow Requests for Documents In Medicis Pharmaceutical Corp., et al. v. Actavis Mid Atlantic LLC, C.A. No. 11-409-LPS-CJB (D. Del. Apr. 30, 2012), Magistrate Judge Burke denied plaintiffs’ motion to compel production of documents because plaintiffs’ requests were “substantially overbroad.” Plaintiffs argued that the…

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.…