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 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…
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 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…
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…
Judge Noreika has updated her form of scheduling order to require the submission of a concise statement of numbered, material facts with dispositive motions. The responding party must separately admit or deny each fact, and may submit its own concise statement of facts. The requirement applies to all pending civil cases. The updated scheduling order can…
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.
On March 7, 2019, the U.S. Department of Labor (DOL) announced its highly anticipated proposal for a new overtime rule in its Notice of Proposed Rulemaking: Overtime Update (NPRM). This proposal would raise the overtime salary threshold required to qualify for the Fair Labor Standard Act’s “white collar” exemption from $23,660 to $35,308 per year. The…