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 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 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 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 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.