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 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 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 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,…

In three recent memorandum opinions, Southpaw Credit Opportunity Master Fund v. Roma Restaurant Holdings (Del. Ch. Feb. 1, 2018), CompoSecure v. CardUX (Del. Ch. Feb. 1, 2018, revised Feb. 12, 2018), and In re Oxbow Carbon Unitholder Litigation (Del. Ch. Feb. 12, 2018), the Delaware Court of Chancery revisited the distinction between void…

Merger agreements often contain provisions reciting that the representations in the agreement are the sole representations relied on in entering the contract. Such clauses are known as anti-reliance clauses and, if properly drafted, can limit fraud claims. Merger agreements also typically contain “fraud carve-outs.” According to the ABA Private Target Mergers and Acquisitions Deal Points Studies,…

The U.S. District Court for the District of Delaware has announced that Senior Judge Sleet, who took senior status last year, will retire in the fall of 2018. Judge Sleet will continue to be assigned new civil cases, but certain cases on his docket have begun to be reassigned to other judges. According to the announcement,…

Consider this situation: A corporation isactively considering bankruptcy, yet it neverthelessasks counsel whether it can dividend$7 million to Series B stockholders. Counseladvises against the dividend, but the board of directorsapproves it anyway, and the company pays itonly six weeks before filing a bankruptcy case. This sounds like a bad idea, right? Surprisingly,perhaps not. The Fifth Circuit…