Chief Judge Sleet Denies Majority of Post-Trial Motions In Edwards Lifesciences AG, et al. v. CoreValve, Inc., et al., C.A. No. 08-91-GMS (D. Del. Feb. 7, 2011), plaintiffs Edwards Lifesciences AG and Edwards Lifesciences LLC (together, “Edwards”) alleged that a medical device manufactured by defendants CoreValve, Inc. and Medtronic CoreValve, LLC (together, “CoreValve”) infringed claim…

Judge Stark Construes Claims Four and a Half Months After Markman Hearing In Wyeth, LLC v. Intervet, Inc., C.A. No. 09-161-LPS (D. Del. Mar. 22, 2011), Judge Stark issued his claim construction opinion four and a half months after the Markman hearing.  No trial date was scheduled at the time. Judge Stark Construes…

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 Motions for Summary Judgment In Leader Technologies, Inc. v. Facebook, Inc., C.A. No. 08-862-LPS (D. Del. Mar. 14, 2011), Judge Stark denied defendant Facebook, Inc.’s motions for summary judgment of non-infringement and for invalidity based on anticipation and the on-sale bar. The Court concluded that the parties’ expert witnesses advanced detailed and…

Judge Stark Denies Intervenor’s Motion for Reconsideration or Reargument In LD Display Co., Ltd. V. AU Optronics Corporation, et al., C.A. No. 06-726-LPS (D. Del. Feb. 14, 2011), Judge Stark denied intervenor Anvik Corporation’s motion to reconsider an order that denied its request to modify the protective order to allow Anvik access to certain sealed…

Chief Judge Sleet Denies Defendants’ Motion to Transfer Venue In Apple Inc. v. High Tech Computer Corp., et al., C.A. No. 10-544-GMS (D. Del. Jan. 18, 2011), Apple Inc. filed a patent infringement action against High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc. and Exedea, Inc. (collectively, “HTC”) alleging that…

Judge Stark Rules on Motions to Strike and Dismiss In Southco, Inc. v. Penn Engineering & Manufacturing Corp., C.A. No. 10-03-LPS (D. Del. Mar. 7, 2011), Judge Stark denied plaintiff Southco, Inc.’s motion to strike and dismiss, denied defendant Penn Engineering & Manufacturing Corp.’s (“PEM”) motion to strike and dismiss counterclaims, and denied PEM’s motion…

On Wednesday, May 11, 2011, President Obama nominated Richard G. Andrews to fill the vacancy in the United States District Court for the District of Delaware.

In In re Answers Shareholders Litigation, the Delaware Court of Chancery declined to preliminarily enjoin the acquisition of Answers Corp. and, in so doing, made several important observations regarding the board of directors' management of the sales process and negotiation of the definitive merger agreement, many of which are of particular significance to smaller corporations and their advisers.

This article examines the ambiguities in Delaware solvency law and recommends that the Delaware courts clarify the law and adopt uniform solvency tests.