On August 29, Governor Carney signed a bill against sexual harassment, effective January 1, 2019, requiring Delaware employers to provide notice and mandatory training to their workers. Read more about this new law in our July 9 alert.…

On July 23, 2018, Delaware Governor John Carney signed into law Senate Bill No. 243 (as amended), which establishes a procedure for striking from a deed or other recorded document a provision that purports to prohibit the sale, rental, occupancy, or other use of real property because of race or other legally protected categories, subject to…

This update provides short updates on judicial decisions, trends, and notable events in the United States District Court for the District of Delaware, traditionally one of the three busiest jurisdictions for intellectual property litigation.

In Purdue Pharma L.P. v. Amneal Pharmaceuticals, LLC, No. 15-1152-RGA (D. Del. July 6, 2018), Judge Andrews denied the plaintiffs’ Daubert motion to exclude testimony of the defendant’s expert. According to the Court, whether the expert was opining beyond the scope of his expertise would be better addressed during trial, since the case would be…

In Ethicon LLC v. Intuitive Surgical, Inc., No. 17-871-LPS (D. Del. June 28, 2018), Chief Judge Stark granted the plaintiffs’ motion to file a second supplemental complaint prompted by the issuance of a certificate of correction to one of the asserted patents. The Court concluded as a general matter that it was not impermissible to supplement…

In Princeton Digital Image Corp. v. Ubisoft Entertainment SA, No. 13-335-LPS-CJB (D. Del. June 25, 2018), Magistrate Judge Burke recommended that the Court deny defendant Ubisoft Inc.’s motion to dismiss for improper venue. Ubisoft argued that venue was improper since it was incorporated elsewhere, it had no physical presence in Delaware, and none of the allegedly…

In AstraZeneca L.P. v. Sigmapharm Laboratories, LLC, No. 15-1000-RGA (D. Del. July 6, 2018), Judge Andrews denied the plaintiffs’ motion in limine to exclude from trial an obviousness reference alleged to be prior art under 35 U.S.C. § 102(d), but reserved the ability to revisit the issue after trial. The parties disputed whether the reference,…

In Westinghouse Air Brake Technologies Corp. v. Siemens Industry, Inc., No. 17-1687-LPS (D. Del. Aug. 2, 2018), Chief Judge Stark denied the plaintiff’s motion to preliminarily enjoin the defendant from selling a component for a train control system alleged to infringe the patent-in-suit. Although the Court concluded that the plaintiff was likely to prevail on its…

In Gillette Co. v. Dollar Shave Club, Inc., No. 15-1158-LPS-CJB (D. Del. July 23, 2018), Chief Judge Stark denied the defendants’ request to overrule the plaintiffs’ objection to the disclosure of their highly confidential information to the defendants’ invalidity expert. According to the Court, the invalidity expert had recently been employed by a competitor of the…

In F2VS Technologies, LLC v. Ruckus Wireless, Inc., No. 17-756-RGA (D. Del. July 31, 2018), Judge Andrews denied the defendant’s motion to dismiss the plaintiff’s second amended complaint for failure to state a claim. The Court stated that it was “apparent” from Disc Disease Solutions Inc. v. VGH Solutions, Inc., 888 F.3d 1256 (Fed. Cir. 2018),…