In Interface Linx, LLC v. Haier America Co., No. 17-1098-LPS (D. Del. Apr. 26, 2018), and related cases, Chief Judge Stark, ruling from the bench, granted in part the defendants’ motion to dismiss the direct, indirect, and willful infringement claims of the plaintiff, Interface Linx, LLC. The asserted patent covered, inter alia, an HDMI plug and…

In Wi-LAN Inc. v. Sharp Electronics Corp., No. 15-379-LPS (D. Del. May 14, 2018), Chief Judge Stark denied the requests of the plaintiff, Wi-LAN Inc., to compel defendant Sharp Electronics Corp. to produce documents from a subsidiary and a parent corporation. First, Sharp Electronics argued that it had already produced documents from the subsidiary, a manufacturing…

On May 24, 2018, President Trump signed into law Senate Bill 2155, which amended many of the requirements of Dodd-Frank. Among the changes that impact commercial real estate finance are amendments that modify or clarify the High Volatility Commercial Real Estate (“HVCRE”) loan rules in order to relieve some of the capitalization burdens imposed on commercial…

It is a familiar adage that privilege cannot be used as both a “sword and shield” in litigation. Normally, the attorney-client privilege protects the communications between a client and an attorney acting in a professional capacity. A party can waive the attorney-client privilege, however, when that party places an otherwise privileged communication “at issue” in the…

Legislation proposing to amend the Delaware Limited Liability Company Act (LLC Act) and the Delaware Revised Uniform Limited Partnership Act (LP Act) (jointly, the LLC and LP Acts) has been introduced to the Delaware General Assembly. The following is a brief summary of some of the more significant proposed amendments that affect Delaware limited liability companies…

Fraudulent transfer plaintiffs frequently challenge transactions that they say contributed to the company’s insolvency: leveraged buyouts, cash-out mergers, share redemptions, or other major transactions where the company parts with assets or incurs liabilities. State law (often Delaware law) typically governs these types of transactions, and structuring them usually requires the involvement of attorneys, financial professionals, and…

Legislation proposing to amend the Delaware Limited Liability Company Act and the Delaware Revised Uniform Limited Partnership Act has been introduced to the Delaware General Assembly.

In Astellas Pharma Inc. v. Actavis Elizabeth LLC, No. 16-905-JFB-CJB (D. Del. Feb. 27, 2018), Magistrate Judge Burke granted the defendants’ request to depose an expert who submitted a declaration regarding indefiniteness (among other issues) in support of the plaintiffs’ opening claim construction brief. The defendants sought to depose the expert before submitting their sur-reply claim…

In Fairchild Semiconductor Corp. v. Power Integrations, Inc., C.A. No. 12-540-LPS (D. Del. March 16, 2018), Chief Judge Stark denied Power Integrations, Inc.’s motion for entry of final judgment. After an eight-day jury trial in 2015, in which the parties asserted patents against each other, the jury found that, inter alia, the plaintiffs, Fairchild Semiconductor Corporation…

In Evolved Wireless, LLC v. Apple Inc., No. 15-542-JFB-SRF (D. Del. Feb. 16, 2018), and related actions, Magistrate Judge Fallon denied Evolved Wireless, LLC’s motion to compel defendants in these cases to produce communications with third party Qualcomm, Inc. regarding topics on which Qualcomm had been deposed. Defendants in these actions had earlier raised a license…