In Bristol-Myers Squibb Co. v. Aurobindo Pharma USA Inc., No. 17-374-LPS (D. Del. Nov. 28, 2017), and Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc., No. 17-379-LPS (D. Del. Nov. 28, 2017), Chief Judge Stark set forth the procedures for venue-related discovery on defendant Mylan Pharmaceuticals Inc.’s motion to dismiss for improper venue. The Court ordered Mylan…

In IBM v. Groupon, Inc., No. 16-122-LPS-CJB (D. Del. Nov. 17, 2017), Chief Judge Stark denied Groupon, Inc.’s motion for judgment on the pleadings that half of the asserted patents, covering the display of information from local storage, were invalid under Section 101. In a separate litigation, the Court had previously found under the first …

In Triplay, Inc. v. WhatsApp Inc., No. 13-1703-LPS-CJB (D. Del. Nov. 20, 2017), Magistrate Judge Burke recommended that the Court deny the defendant’s motion to dismiss two of the asserted electronic, cross-platform messaging patents as invalid under Section 101. The parties had agreed on representative claims from the two patents for the Section 101 analysis, and…

In B. Braun Melsungen AG v. Becton, Dickinson & Co., No. 16-411-RGA (D. Del. Dec. 5, 2017), Judge Andrews refused a request to strike the plaintiffs’ Daubert briefing for having an excessive number of pages. The plaintiffs had filed three Daubert motions, each accompanied by a 20-page brief. Judge Andrews acknowledged that he has…

In Telebrands Corp. v. 1ByOne Products Inc., No. 17-997-JFB-SRF (D. Del. Nov. 21, 2017), Magistrate Judge Fallon denied the defendant’s motion to dismiss for failure to state a claim as moot. After moving to dismiss, the defendant answered the complaint and asserted counterclaims for a declaratory judgment of invalidity and non-infringement of the two asserted patents…

The Delaware Supreme Court has reversed and remanded the Court of Chancery’s appraisal valuation of Dell Inc. and remanded for reconsideration in light of market data and the transaction price following a robust sale process. In its post-trial decision, the Court of Chancery had determined, based exclusively on its own discounted cash flow analysis, that the…

On August 17, 2017, Governor John Carney signed HB 180 (as substituted and amended), which significantly changes current Delaware law regarding landlords’ requirements for notifying Delaware residents affected by a security breach of the landlords’ electronic database of their tenants’ personal information. It is crucial that landlords become familiar with these new requirements, which will take…

In Tabletop Media, LLC v. AMI Entertainment Network, LLC, C.A. No. 16-1121-RGA-MPT (D. Del. Oct. 10, 2017), Chief Magistrate Judge Thynge recommended that the Court deny AMI Entertainment Network, LLC’s motion to dismiss for lack of subject matter jurisdiction this action for a declaratory judgment of non-infringement filed by Tabletop Media, LLC, the plaintiff. In pre-litigation…

In LEO Pharma A/S, LEO Laboratories Limited v. Perrigo UK Finco Limited Partnership, C.A. No. 16-430-JFB-SRF (D. Del. Sept. 20, 2017), Magistrate Judge Fallon granted leave to amend the complaint, holding that the amended complaint would not cause undue delay or be futile. Plaintiffs LEO Pharma A/S, LEO Laboratories Limited, and LEO Pharma, Inc. (collectively, “LEO”)…

In Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., C.A. No. 15-819-LPS-CJB (Oct. 2, 2017), Magistrate Judge Burke ordered the plaintiffs to reduce the number of asserted claims to 12, drawn from the 6 asserted patents, within a month; the defendant was ordered to reduce its asserted prior art grounds to 16 within 6 days of…