In Orexo AB v. Actavis Elizabeth LLC, C.A. No. 17-205-GMS (D. Del. Oct. 10, 2017), in response to the defendants’ motion to strike or dismiss the complaint, Judge Sleet appointed a special master to hear the defendants’ allegation that the plaintiffs had misused confidential information in preparing their case. The Court selected Judge Charles H. Toliver,…

In CallWave Communications LLC v. AT&T Mobility LLC, C.A. No. 12-1701-RGA (D. Del. Oct. 10, 2017), and related cases, Judge Andrews denied the plaintiff’s motion to vacate the Court’s claim construction of a particular term and the Court’s grant of summary judgment that certain claims of an asserted patent were invalid under 35 U.S.C. § 101.…

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…

In F’Real Foods LLC v. Hamilton Beach Brands, Inc., C.A. No. 16-41-GMS (D. Del. Oct. 6, 2017), Judge Sleet ordered the parties to file a revised joint claim construction chart containing the final 15 claim terms they intend to argue at the Markman hearing. The parties’ original claim construction chart indicated that 20 terms were…

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.

The number of proceedings under Section 262 ofthe Delaware General Corporation Law (DGCL),in which stockholders who have not voted in favorof a merger and have otherwise perfected their rightto seek a judicially determined assessment of the“fair value,” in cash, of their shares, has increasedsignificantly over the past few years, providing thecourts with additional opportunities to explore…

In In re Bracket Holding Corp. Litigation, C.A. No. N15C-02-233 WCC CCLD, Judge Carpenter decided three motions to dismiss on various issues. The genesis of the instant dispute began in 2012, when Express Scripts, Inc. indicated its interest in acquiring United BioSource LLC. In 2013, Parthenon Capital Partners, a private equity fund, formed Bracket Holding Corp.…

In Adchemy, Inc. v. Plateau Data Services, LLC and Zeta Interactive, C.A. No. N15C-03-096 MMJ [CCLD], Judge Johnston considered a number of summary judgment motions in a dispute arising out of an asset purchase agreement (“APA”). The parties entered into the APA on October 28, 2013. The APA provided that plaintiff Adchemy, Inc. would sell certain…

This quarter, the CCLD addressed a number of disputes arising from business acquisitions.