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 Genentech, Inc. v. Amgen Inc., No. 17-1407-GMS (D. Del. Apr. 17, 2018), and related action, Judge Sleet granted Amgen Inc.’s motions to dismiss the plaintiffs’ declaratory judgment claim for failure to state a claim and for lack of subject matter jurisdiction. According to the decision, during the pre-litigation BPCIA “patent dance,” Amgen had stated that…

In Interface Linx, LLC v. Onkyo USA Corp., No. 17-1099-LPS (D. Del. April 13, 2018), and related actions, Chief Judge Stark ordered the defendants to produce sales data for the accused products dating back to six years before the date of the suit. The defendants had resisted production of the sales information on grounds of relevance,…

In Takeda Pharmaceuticals U.S.A. Inc. v. West-Ward Pharmaceutical Corp., No. 14-1268-RGA-SRF (D. Del. Apr. 12, 2018), Magistrate Judge Fallon denied the defendants’ motion to quash a subpoena noticed by the plaintiff, Takeda Pharmaceuticals U.S.A., Inc. One of the defendants had earlier noticed the 30(b)(6) deposition of the subpoena recipient, and the defendants argued that Takeda’s subpoena…

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 Princeton Digital Image Corp. v. Ubisoft Entertainment SA, No. 13-335-LPS-CJB (D. Del. Apr. 20, 2018), Magistrate Judge Burke granted the plaintiff’s request to compel defendant Ubisoft Inc. to produce summary sales, licensing, costs, and profit information relating to the accused video games and make available a Rule 30(b)(6) witness to testify regarding the requested information.…

In Boston Scientific Corp. v. Edwards Lifesciences Corp., No. 16-275-JFB-SRF (Apr. 20, 2018), Magistrate Judge Fallon denied without prejudice the defendants’ motion to stay the plaintiff’s patent infringement claim pending the final resolution of IPR proceedings. The PTAB had issued a final written decision invalidating the patent asserted by the plaintiff. The plaintiff opposed the motion…

In MorphoSys AG v. Janssen Biotech, Inc., No. 16-221-LPS (D. Del. Apr. 19, 2018), Chief Judge Stark granted the defendants’ motion to amend their pleadings to assert inequitable conduct. The Court found that the proposed amended answers and counterclaims sufficiently alleged that certain individuals having a duty of candor failed to disclose information material to patentability…

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…