In CNH Industrial Am., LLC v. American Casualty Company of Reading, Pa., C.A. No. N12C-07-108-EMD-CCLD, Judge Davis held that defendant Travelers Indemnity Company (“Travelers”) must indemnify plaintiff CNH Industrial America, LLC (“CNH”) for defense costs in over 200 underlying asbestos-related lawsuits. In prior decisions, the Court determined that, among other things, Wisconsin law applied to the…

In LCT Capital, LLC v. NGL Energy Partners LP, C.A. No. N15C-08-109-WCC-CCLD, Special Discovery Master Kevin F. Brady granted a motion by defendants NGL Energy Partners LP and NGL Energy Holdings LLC’s (collectively, “NGL”) to compel plaintiff LCT Capital, LLC (“LCT”) to supplement responses to interrogatories and revise privilege and redaction logs. In their motion to…

In Bedrock Leasing Corp. v. Lexington Ins. Co., C.A. No. N16C-08-084-EMD-CCLD, Judge Davis granted defendant Lexington Insurance Company’s (“Lexington”) motion to dismiss, and held that the claims asserted by plaintiffs Bedrock Leasing Corporation, WFNY I, LLC, and BulGroup Colorado LLC (collectively, “Bedrock”) were untimely under a suit limitation clause in the parties’ property insurance contract. Bedrock…

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 UCB, Inc. v. Watson Laboratories, Inc., C.A. No. 14-1083-LPS-SRF (D. Del. May 19, 2017), Chief Judge Stark denied the defendants’ motion for reargument of the Court’s December 5, 2016 order, in which the Court denied the plaintiffs’ request for a stay, but held that the defendants were liable for the costs of litigation from that…

In Orexigen Therapeutics, Inc. v. Actavis Laboratories FL, Inc., C.A. No. 15-451-RGA (D. Del. May 31, 2017), Judge Andrews denied the defendant’s request to add new non-infringement defenses raised for the first time in the pretrial order. In a prior opinion, the Court had found that by not including these non-infringement defenses in its responses to…

In Omeros Corp. v. Par Sterile Products, LLC, C.A. No. 15-773-RGA (D. Del. June 6, 2017), Judge Andrews granted the plaintiff’s request to proceed with twelve claims across the six patents-in-suit. Judge Andrews noted that the plaintiff had agreed to drop four claims from one of the patents-in-suit in exchange for the defendants’ agreement to limit…

In SRI International, Inc. v. Cisco Systems, Inc., C.A. No. 13-1534-SLR (D. Del. May 25, 2017), Judge Robinson denied defendant Cisco Systems Inc.’s (“Cisco”) post-trial motions for judgment as a matter of law, new trial, remittitur, and to supplement the record, and granted plaintiff SRI International Inc.’s (“SRI”) post-trial motions for attorneys’ fees, enhanced damages, compulsory…

In Sonos Inc. v. D&M Holdings, Inc., C.A. No. 14-1330-RGA (D. Del. June 2, 2017) (the “14-1330 Case”), and related case D&M Holdings, Inc., et al. v. Sonos Inc., C.A. No. 16-141-RGA (D. Del. June 2, 2017) (the “16-141 Case”), Judge Andrews issued an amended discovery order requiring plaintiff Sonos, Inc. (“Sonos”) to produce materials from…

In Takeda Pharmaceuticals U.S.A., Inc. v. Hikma Pharmaceuticals PLC, C.A. No. 14-1268-SLR (D. Del. June 2, 2017), Judge Robinson denied the plaintiff’s request for additional discovery and agreed with the limited discovery plan suggested by the defendants. The Court had previously granted the plaintiff limited discovery consistent with its allegations that representatives of the defendants told…