In American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, No. 15-1168-LPS (D. Del. Feb. 27, 2018), Chief Judge Stark granted the defendants’ motion for summary judgment of invalidity, holding that two representative claims of the patent at issue were not directed to patentable subject matter. The patent at issue was directed to damping various types…

In Oil Lift Technology Inc. v. Millennium Oilflow Systems & Technology Inc., No. 17-1212-LPS-CJB (D. Del. Apr. 10, 2018), Chief Judge Stark denied Oil Lift Technology Inc.’s motion for a preliminary injunction against the defendants, Millennium Oilflow Systems & Technology Inc. and MOST Oil USA Inc., and granted in part the defendants’ motion to dismiss claims…

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…

On April 17, 2018, Delaware Governor John Carney signed into law House Bill No. 144 (as amended). This new legislation has three effects. First, it expressly limits the Delaware Department of Transportation’s acquisition of property to specified transportation-related needs. Second, greater limitations are imposed on acquisitions in advance of approved, final right-of-way plans. Finally, the new…

In DecisivEdge, LLC v. VNU Group, LLC, C.A. No. N17C-05-584-WCC-CCLD, Judge Carpenter granted in part and denied in part the defendant’s motion to dismiss claims for, inter alia, breach of contract and fraudulent inducement. The dispute arose out of the plaintiff’s agreement to provide technology services to the defendant. The parties had entered into a series…

In Continental Finance Company, LLC v. TD Bank, N.A., C.A. No. N17C-07-002 MMJ CCLD, Judge Johnston granted a motion to dismiss a negligence case arising out of an embezzlement scheme perpetuated by a non-party. Plaintiff Continental Finance Company, LLC sued defendant TD Bank, N.A. for negligence and alleged that TD Bank negligently failed to detect an…

In Arch Insurance Co. v. David H. Murdock, C.A. No. N16C-01-104 EMD CCLD, Judge Davis granted in part and denied in part the plaintiff insurers’ motion for summary judgment arguing that the insurers did not have a duty to indemnify the insureds. This dispute arose in connection with a settlement agreement reached in In re Dole…

In Equity Trust Company v. Interactive Brokers LLC, C.A. No. N17C-05-252 WCC CCLD, Judge Carpenter granted a motion to dismiss after finding that the defendant’s interpretation was the only reasonable interpretation of the contractual agreement at issue. The dispute arose out of an agreement executed in 2000 between defendant Interactive Brokers LLC and Delaware Charter Guarantee…

In Imorphics Ltd. v. THINK Surgical, Inc., C.A. No. N16C-09-149-MMJ-CCLD, a special discovery master was tasked with resolving cross-motions to compel. The plaintiffs’ motion argued that the defendant, THINK Surgical, Inc., failed to sufficiently respond to certain interrogatories and requests for production. Specifically, the plaintiffs requested THINK to identify and quantify all damages it claimed to…

In the first quarter of 2018, the Delaware Superior Court’s Complex Commercial Litigation Division considered a number of disputes arising from contractual agreements and addressed issues ranging from the enforceability of liquidated damages provisions to whether termination fees are payable in the event a contract is not renewed.