In Victaulic Company v. ASC Engineered Solutions, LLC, No. 20-887-GBW (Oct. 3, 2022), Judge Williams denied the defendant’s request under Fed. R. Civ P. 42(b) first to try the parties’ contract dispute and separately to try their patent infringement dispute later only if needed.  The plaintiff alleged that the defendant manufactured products that fell outside the…

In Sysmex Corp. v. Beckman Coulter, Inc., No. 19-1642-GBW (Oct. 12, 2022), newly appointed Judge Williams granted the plaintiffs’ motion to strike one of the defendant’s lack of written description defenses.  As part of the narrowing of prior art references and invalidity defenses before trial, the court had granted the plaintiffs’ request to require the defendant…

In Rex Medical L.P. v. Intuitive Surgical, Inc., No. 19-0005-MN (Oct. 13, 2022), Judge Noreika excluded under Daubert the reasonable royalty testimony of the plaintiff’s damages expert.  To determine the starting point for the hypothetical negotiation, the expert relied on a lump-sum royalty license that the plaintiff had entered into with third-party Covidien as part of…

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which updates and replaces the previous “EEO is the Law” poster.  Under federal law, all covered employers are required to prominently display the poster at their worksite in a conspicuous location where notices to applicants and employees are…

On August 1, 2022, Section 102(b)(7) of the Delaware General Corporation Law (the DGCL) was amended to permit a corporation to include in its certificate of incorporation a provision to eliminate or limit the monetary liability of certain corporate officers for breach of the duty of care. Previously, the protection afforded by a so-called exculpatory provision…

In November 2021, the State of Delaware issued its climate action plan (the “Climate Plan”) after a process of workshops, surveys, and review of comments from stakeholders. The Climate Plan follows a series of specific actions to address climate issues in Delaware, including enactment of the Renewable Energy Portfolio Standards Act; participating in the National Clean…

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 discussed below or the District of Delaware in general, please let us know. U.S. District Court for the District of Delaware Releases Annual ReportThe U.S. District Court for the District…

In Rockwell Automation, Inc. v. EU Automation, Inc., No. 21-1162-MN (Aug. 19, 2022), a trademark case, Judge Noreika overruled objections to a magistrate judge report filed by one of the defendants (referred to in the decision as “EU Illinois”).  The magistrate judge had recommended that EU Illinois’s motion to dismiss for lack of personal jurisdiction be…

In TQ Delta, LLC v. Comcast Cable Communications LLC, No. 15-611-RGA (Aug. 11, 2022), and related patent actions, Special Master Gregory B. Williams partially granted the defendants’ motion to strike as untimely certain damages theories.  Earlier, the special master had ordered the plaintiff to supplement its Fed. R. Civ. P. 26 disclosures and damages interrogatory responses…

In Sight Sciences, Inc. v. Ivantis, Inc., No. 21-1317-VAC-SRF (Aug. 16, 2022) (oral order), a patent case, Magistrate Judge Fallon denied the plaintiff’s request to exclude in-house counsel from having access to discovery designated attorneys’ eyes only, which would have prevented an in-house attorney of the defendant from viewing such discovery.  According to the court, a…