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 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 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 Broadsoft, Inc. v. CallWave Communications, LLC, C.A. No. 13-711-RGA (D. Del. Oct. 1, 2017), a declaratory judgment action, Judge Andrews granted Broadsoft, Inc.’s motion for judgment on the pleadings and for summary judgment that the patents asserted by the defendant, CallWave Communications, LLC, were unpatentable and anticipated. To decide Broadsoft’s motion for judgment on the…

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…

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…

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

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…

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 TIAA-CREF v. Illinois National Insurance Company, C.A. No. N14C-05-178 JRJ [CCLD], Judge Jurden denied various post-trial motions. This insurance coverage dispute arose from TIAA’s settlement of an underlying action related to TIAA’s activities in providing mutual fund-like investment accounts and investment management services to teachers, professors, and others in academic, research, and medical fields. Four…