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.
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 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…
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 Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., No. 15-819-LPS-CJB (D. Del. Feb. 20, 2018), Magistrate Judge Burke recommended that the Court grant Hyperbranch Medical Technology, Inc.’s motion for summary judgment of non-infringement of one of the five patents asserted by the plaintiffs, Integra LifeSciences Corp., Integra LifeSciences Sales LLC, Confluent Surgical, Inc. and Incept…
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 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…