The debate over whether ad hoc or informal committees or groups of creditors or interest holders (“ad hoc committees”) must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.
On March 1, 2010, the Army Corps of Engineers began to dredge a section of the Delaware River to deepen the shipping channel that services ports as far north as Philadelphia and Camden. While not a remarkable event, as yearly maintenance dredging occurs, the dredging of the river to a lower depth was preceded by more…
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.
Magistrate Judge Thynge Awards Attorneys’ Fees for Failure to Provide Appropriate Rule 30(b)(6) Witness In Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc., C.A. No. 07-680-MPT (D. Del. Nov. 4, 2009), Magistrate Judge Thynge granted in part and denied in part defendant’s motion for fees and costs. Defendant…
Judge Farnan Denies Defendant’s Motion to Transfer ANDA ActionIn Pfizer Inc., et al. v. Sandoz, Inc., C.A. No. 09-742-JJF (D. Del. Jan. 20, 2010), Judge Farnan denied defendant’s motion to transfer and reserved decision on plaintiffs’ motion to enjoin defendant from proceeding with a later-filed action. A day after filing the Delaware action, plaintiffs filed an…
On March 17, 2010, President Obama nominated Magistrate Judge Leonard P. Stark to fill the vacancy created by the elevation of the Honorable Kent A. Jordan to the United States Court of Appeals for the Third Circuit. Magistrate Judge Stark earned his undergraduate degree from the University of Delaware and his Juris Doctor from Yale Law…
Judge Robinson Holds Patent Unenforceable for Laches and Inequitable ConductIn Cancer Research Technology, et al. v. Barr Laboratories, Inc., et al., C.A. No. 07-457-SLR (D. Del. Jan. 26, 2010), Judge Robinson issued an opinion approximately nine months after trial and concluded that the patent was unenforceable due to prosecution laches because of sufficiently egregious conduct, including…
Judge Farnan Grants Plaintiff’s Motion to Compel TestimonyIn WebXchange Inc. v. FedEx Corp., et al., C.A. No. 08-133-JJF (D. Del. Jan. 20, 2010), Judge Farnan granted plaintiff’s motion to compel testimony and denied defendants’ motion to strike a supplemental response to its interrogatory, for a protective order, and for leave to file a surreply in opposition…
Judge Farnan Grants Defendants’ Motion for Leave to Amend AnswerIn WebXchange Inc. v. Dell Inc., C.A. No. 08-132-JJF (D. Del. Jan. 20, 2010), and WebXchange Inc. v. FedEx Corp., et al., C.A. No. 08-133-JJF (D. Del. Jan. 20, 2010), Judge Farnan granted defendants’ motion for leave to amend their answers. Defendants wished to file a second…
On March 18, 2010, the Hiring Incentives to Restore Employment Act (the "HIRE Act") was enacted into law.