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 Insys Therapeutics, Inc. v. Alkem Laboratories Ltd., No. 17-1419-LPS (D. Del. Jan. 23, 2018), Chief Judge Stark denied the defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim. The defendants, Alkem Laboratories Ltd. and S&B Pharma, Inc. (together, “Alkem”), argued that the plaintiffs, Insys Therapeutics…

In Genedics, LLC v. Meta Company, No. 17-1062-CJB (D. Del. Jan. 8, 2018), Magistrate Judge Burke denied Meta Company’s motion to transfer this case to the Northern District of California on grounds of convenience. Genedics, LLC (a Massachusetts company with its principal place of business in that state) accused Meta (a Delaware corporation with offices only…

In Valmont Industries, Inc. v. Lindsay Corp., No. 15-042-LPS-CJB (D. Del. Jan. 22, 2018), Magistrate Judge Burke recommended that the Court grant in part Lindsay Corp.’s motion to dismiss the direct, induced, contributory, and willful infringement claims of Valmont Industries, Inc.’s amended complaint. Although Valmont accused of infringement the combination of devices such as a tablet…

In Amgen Inc. v. Coherus Biosciences Inc., No. 17-546-LPS-CJB (D. Del. Dec. 7, 2017), Magistrate Judge Burke recommended that the Court grant with prejudice Coherus Biosciences Inc.’s motion to dismiss for failure to state a claim. The plaintiff, Amgen Inc., had accused Coherus’ manufacturing process of infringing the asserted patent, all the claims of which included…

In Genentech, Inc. v. Amgen Inc., No. 17-1407-GMS (D. Del. Jan. 22, 2018), and related action, Senior Judge Sleet denied Amgen Inc.’s motion to transfer two BPCIA patent infringement actions brought by Genentech, Inc. and City of Hope (together, “Genentech”) to the Central District of California, where a declaratory judgment action filed by Amgen regarding the…

In Integra LifeSciences Corp. v. HyperBranch Medical Technology, Inc., No. 15-819-LPS-CJB (D. Del. Jan. 24, 2018), Magistrate Judge Burke denied the plaintiffs’ emergency motion to quash, and for a protective order to prevent, supplemental depositions of two inventors, instead granting the defendant’s request to compel the depositions. To resolve an earlier discovery dispute regarding the timeliness…

In Wi-LAN Inc. v. VIZIO, Inc., No. 15-788-LPS (D. Del. Jan. 26, 2018), and related action, Chief Judge Stark denied the defendants’ motion to strike the plaintiff’s final infringement contentions. The defendants argued that the contentions did not explain how the excerpts of source code from the accused products related to the limitations of the asserted…

In Galderma Laboratories, L.P. v. Amneal Pharmaceuticals, LLC, No. 16-207-LPS (D. Del. Jan. 22, 2018), Chief Judge Stark denied the plaintiffs’ motion to reconsider the Court’s decision to strike their supplemental contentions of literal infringement, which were served after the close of fact discovery. According to the plaintiffs, reconsideration was appropriate because, after the motion to…

This article analyzes the right to education in the United States and around the world while addressing the potential correlation of constitutional language to academic achievement. Although the United States does not recognize a right to education in the federal constitution, states do recognize a right to education in their individual constitutions. We’ll compare four countries,…