On April 2, 2015, Delaware Governor Jack Markell signed into law the Delaware Rapid Arbitration Act (“Act”).This Act allows for alternative dispute resolution consistent with arbitration’s origins as a rapid and efficient means of resolving disputes. The Act responds to growing complaints by Delaware’s companies about the incrustation of costs and delays onto non-judicial dispute resolution.…

The most recent session of the Delaware General Assembly witnessed the passage of a few clean-up bills related to Delaware real estate mortgages. One, Senate Bill 32, was signed by Governor John Carney on August 30, 2017. This legislation requires that a mortgagee or assignee file a notification with the applicable recorder of deeds if the…

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.

In MorphoSys AG v. Janssen Biotech, Inc., C.A. No. 16-221-LPS-CJB (D. Del. Aug. 7, 2017), Chief Judge Stark, by oral order, granted the plaintiff’s request to disqualify the defendants’ expert. The Court found that there was a confidential relationship between the plaintiff and the expert, in which the expert was exposed to confidential and privileged material,…

In Forest Laboratories, LLC v. Teva Pharmaceuticals USA, Inc., C.A. No. 16-1114-RGA (D. Del. Aug. 3, 2017), Judge Andrews denied without prejudice one defendant’s request to provide the plaintiffs’ highly confidential information to the defendant’s “Vice President and Head IPR.” Relying on the description of the Vice President’s job duties, the Court held that the Vice…

In Intel Corporation v. Future Link Systems, LLC, C.A. No. 14-377-LPS (D. Del. July 31, 2017), Chief Judge Stark ordered a “bellwether” jury trial to determine liability and damages on three of the twelve asserted patents. The Court explained that this procedure would “have the virtue of giving the parties a near-term opportunity to obtain certainty…

In Indivior Inc. v. Mylan Technologies Inc., C.A. No. 15-1016-RGA (D. Del. July 28, 2017), Judge Andrews denied the defendant’s motion to renew its motion to dismiss for improper venue. The defendant had originally moved to dismiss for lack of venue as well as lack of jurisdiction and failure to state a claim. Before the Court…

In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-878-LPS (D. Del. July 27, 2017), Chief Judge Stark set forth his tentative views of the parties’ potential post-trial motion in a post-trial letter to counsel. The Court hoped that his communication to the parties would “make briefing and resolution of those motions more efficient.” With…

In The Johns Hopkins University v. Alcon Laboratories, Inc., C.A. No. 15-525-SLR/SRF (D. Del. July 14, 2017), Senior Judge Robinson addressed the plaintiff’s objections to Magistrate Judge Fallon’s order defining the scope of a privilege waiver arising from the defendants’ reliance on advice of counsel. Although Judge Fallon ordered that the defendants produce “any additional documents…

In Stephenson v. Game Show Network, LLC, C.A. No. 12-614-SLR (D. Del. July 11, 2017), Judge Robinson denied the defendants’ motion for an exceptional case finding and attorneys’ fees under 35 U.S.C. § 285. Judgment had been entered against the plaintiff after the Patent Trial and Appeal Board found all claims of the asserted patent invalid,…