In Adverio Pharma GmbH v. Alembic Pharmaceuticals Ltd., No. 18-73-LPS (D. Del. Feb. 13, 2019), a Hatch-Waxman case, Chief Judge Stark granted defendant INC Research, LLC’s motion to dismiss for failure to state a claim. The plaintiff sued the defendants for submitting an ANDA for a generic version of the plaintiff’s brand drug. The complaint alleged…
In TrustID, Inc. v. Next Caller, Inc., No. 18-172-LPS (D. Del. Feb. 25, 2019), Magistrate Judge Burke recommended that the Court deny the defendant’s motion to dismiss the patent infringement claims of the complaint for claiming ineligible subject matter. For the purposes of Alice Step 1, the Court assumed that the patents were directed to…
In three unrelated sets of cases,1 Chief Judge Stark and Magistrate Judge Burke jointly presided over an omnibus hearing on pending motions for unpatentability under 35 U.S.C. § 101. At the conclusion of the hearing, Chief Judge Stark ruled from the bench, granting six motions to dismiss on grounds of no patentable subject matter and denying…
In Confluent Surgical, Inc. v. HyperBranch Medical Technology, Inc., No. 17-688-LPS-CJB (D. Del. Feb. 6, 2019), Magistrate Judge Burke denied the plaintiffs’ motion to compel the production of documents in the control of an executive of the defendant’s parent corporation. The defendant responded that as a subsidiary it could not demand emails held by an executive…
In Onyx Therapeutics, Inc. v. Cipla Ltd., No. 16-988-LPS (D. Del. Feb. 15, 2019), Chief Judge Stark rejected the plaintiff’s claim that certain documents withheld from production were protected by the patent agent-client privilege. The ruling followed the Court’s review in camera of documents identified in privilege log entries selected by the parties as representative…
The U.S. District Court for the District of Delaware has selected Jennifer L. Hall, currently the chief of the Civil Division of the United States Attorney’s Office for the District of Delaware, to fill the newly created fourth magistrate judge position in the District. Ms. Hall earned a B.S. in Biochemistry from the University of Minnesota,…
In Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corp., No. 16-284-LPS (D. Del. Feb. 25, 2019), Chief Judge Stark denied the defendants’ request to defer entry of judgment on two patents subject to inter partes review proceedings. The plaintiff had prevailed at a jury trial on infringement of eight patents, which the jury also…
Legislation proposing to amend the General Corporation Law of the State of Delaware (the “General Corporation Law”) has been released by the Corporate Council of the Corporation Law Section of the Delaware State Bar Association and, if approved by the Corporation Law Section, is expected to be introduced to the Delaware General Assembly. If enacted, the…
Please click on the links below to view videos of Richards Layton attorneys and their takeaways from the various panels at Tulane Law School’s 31st Annual Corporate Law Institute. Gregory P. Williams discusses takeaways from “Hot Topics in M&A Practice” Gregory V. Varallo discusses takeaways from “Not Just Miss Numbers: How Boards and Companies Deal with C-Suite…
This publication, which highlights recent corporate and alternative entity cases and statutory developments in Delaware, continues our long tradition of providing insight into the development of Delaware law.