Two recent rulings of the Delaware Court ofChancery highlight the need to examine a stockholderplaintiff ’s objectives in seeking to inspect thecorporation’s books and records under Section 220of the Delaware General Corporation Law (DGCL).As is well known, a stockholder seeking to compelan inspection of books and records under Section220 must demonstrate a “proper purpose” for theinspection…

The Delaware Supreme Court recently overturned anopinion of the Delaware Court of Chancery holdingthat stockholder approval of an equity incentive planwith broad sub-limits on the number of shares availablefor grant to non-employee directors resulted inthe stockholders’ ratification of subsequent awards tothe directors. In essence, the Supreme Court held thatstockholders’ approval of an equity incentive plan willprovide…

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 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…

In Koninklijke KPN N.V. v. Kyocera Corp., No. 17-87-LPS-CJB (D. Del. Dec. 18, 2017), Chief Judge Stark denied defendant Kyocera Corp.’s motion to dismiss for lack of personal jurisdiction, but granted defendant Kyocera International, Inc.’s motion to dismiss for improper venue. The Court first found that Kyocera International’s venue defense was neither waived (since the Federal…

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 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 Amgen Inc. v. Alkem Laboratories Ltd., C.A. No. 17-CV-815-GMS (D. Del. Dec. 19, 2017), Judge Sleet denied a motion for judgment on the pleadings and a motion for sanctions filed by two defendants in this consolidated Hatch-Waxman Act litigation. According to the Court, the movants alleged that their proposed ANDA product, lacking excipients required by…

In Morphosys AG v. Janssen Biotech, Inc., No. 16-221-LPS-CJB (D. Del. Oct. 26, 2017), Chief Judge Stark ordered the defendant Janssen Biotech Inc. to produce materials previously withheld as privileged. Janssen had relied on advice of counsel as a defense to willful infringement, but the parties disputed the scope of the resulting waiver. The plaintiff, Morphosys…

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,…