In Integra Lifesciences Corp. v. Hyperbranch Medical Technology, Inc., No. 15-819-LPS-CJB (D. Del. Nov. 14, 2017), Magistrate Judge Burke granted in part the defendant’s motion to strike the plaintiffs’ price erosion and market-share apportionment damages theory as untimely. During discovery, the defendant had sought the plaintiffs’ damages theories and underlying facts. According to the Court, the…

In Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., No. 12-1461-LPS-CJB (D. Del. Dec. 11, 2017), Chief Judge Stark denied Princeton Digital Image Corp.’s request to certify an interlocutory appeal of the Court’s denial of its motion to dismiss invalidity counterclaims. Several related lawsuits filed by Princeton Digital had been stayed during the pendency of…

In President & Fellows of Harvard College v. Micron Tech., Inc., No. 17-1729-LPS-SRF (D. Del. Jan. 8, 2018), Chief Judge Stark denied the defendant’s motion to stay pending inter partes review. Although six claims among the two asserted patents were under inter partes review, the PTAB declined to institute review of the seventh claim…

The last quarter of 2017 found the Delaware Superior Court’s Complex Commercial Litigation Division issuing a number of significant decisions in cases arising out of mergers and acquisitions and asset purchase agreements.

In Boeing Co. v. Spirit Aerosystems, Inc., C.A. No. N14C-12-055 EMD CCLD (Dec. 5, 2017), Judge Davis granted in part and denied in part the defendant’s Motion for Attorneys’ Fees, Costs, Expenses and Pre- and Post-Judgment Interest, awarding the defendant’s request for fees but denying the request for interest. This case stemmed from a dispute over…

In Catlin Specialty Insurance Co. v. CBL & Associates Properties, Inc., C.A. No. N16C-07-166 PRW CCLD (Sept. 20, 2017), Judge Wallace denied the defendants’ Motion for Judgment on the Pleadings, and granted the plaintiff’s Motion for Judgment on the Pleadings on all counts except a claim for unjust enrichment. In their cross-motions, both parties requested a…

In Turf Nation, Inc. v. UBU Sports, Inc., C.A. No. N17C-01-271-EMD [CCLD], Judge Davis granted an individual defendant’s motion to dismiss the plaintiff’s complaint for lack of personal jurisdiction. This case began when plaintiff Turf Nation, Inc. sued defendant UBU Sports, Inc. for breach of contract. Turf Nation also asserted claims against UBU Sports and Joseph…

In Raytheon Co. v. BAE Systems Technology Solutions & Services Inc., 2017 WL 5075376 (Del. Super. Ct. Oct. 30, 2017), Raytheon Company brought suit against BAE Systems Technology Solutions & Services alleging seven counts: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) contractual indemnification, (4) unjust enrichment,…

In Novipax Holdings LLC, et al. v. Sealed Air Corp., et al., C.A. No. N17C-03-1682 EMD, Judge Davis denied a motion to dismiss a complaint filed by plaintiffs Novipax Holdings LLC and Novipax LLC (collectively, “Novipax”) against defendants Sealed Air Corporation, Cryovac, Inc., Sealed Air Corporation (US), and Sealed Air Corporation (Canada) (collectively, “Sealed Air”). Novipax…

In Clean Harbors, Inc. v. Union Pacific Corp., C.A. No. N15C-07-081 MMJ CCLD, Judge Johnston decided post-trial motions following a jury verdict in a breach of contract case. Plaintiff Clean Harbors, Inc. had sued defendant Union Pacific Corporation (“UPC”) for breaching an environmental indemnity provision in a stock purchase agreement (“SPA”). Specifically, Clean Harbors sought to…