Chief Judge Stark Denies Motion to Stay Pending Inter Partes Review

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…

Delaware Intellectual Property Law Update

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.

Judge Davis Grants Request for Attorneys’ Fees but Denies Request for Interest

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…

Complex Commercial Litigation Update

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.

Judge Davis Considers Challenge to Personal Jurisdiction over Corporate Officers

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…

Judge Davis Finds Anti-Reliance Provision Insufficient to Bar Fraud Claims

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…

Judge Johnston Denies Request for New Trial and Declines to Award Attorneys’ Fees in Environmental Indemnification Dispute

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…

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