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 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 Javelin Pharmaceuticals, Inc. v. Mylan Laboratories Ltd., No. 16-224-LPS (D. Del. Dec. 1, 2017), Chief Judge Stark denied a motion to dismiss or transfer for improper venue filed by the defendants, Mylan Laboratories Limited, Mylan, Inc., and Mylan Pharmaceuticals Inc. (collectively, “Mylan”), but with leave to renew after the plaintiffs, Javelin Pharmaceuticals, Inc., Hospira, Inc.,…

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…

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 Parallel Networks Licensing, LLC v. Microsoft Corp., C.A. No. 13-2073-KAJ (D. Del. Sept. 26, 2017), Circuit Judge Kent A. Jordan, sitting by designation, denied Parallel Networks LLC’s renewed motion for judgment as a matter of law of infringement and motion for a new trial. At trial, the Court granted Parallel’s motion for judgment as a…

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 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 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”)…