As a part of the Delaware state budget process for the new fiscal year, the General Assembly approved House Bill 279, which increases the realty transfer tax payable to the State of Delaware by an additional 1%. The effect is to increase the aggregate transfer tax due on the sale of real property in Delaware to…

Since it became effective on April 1, 2014, Section 204 of the Delaware General Corporation Law (the “DGCL”) has served its purpose by enabling corporations to retroactively cure defects in their corporate records and by allowing corporate practitioners to give clean legal opinions as to, among other things, a corporation’s capitalization. As the Delaware courts have…

On June 14, 2017, Governor John Carney signed into law a bill (H.B. 1) that bars Delaware employers and their agents from asking applicants about their compensation history.

Legislation proposing to amend the Delaware Limited Liability Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Revised Uniform Partnership Act has been introduced to the Delaware General Assembly.

In AVM Technologies, LLC v. Intel Corp., C.A. No. 15-33-RGA (D. Del. Apr. 17, 2017), Judge Andrews granted the plaintiff’s motion for summary judgment of no issue preclusion and denied the defendant’s cross-motion for summary judgment of no damages based on issue preclusion. Both motions were related to previous litigation between the parties before Judge Andrews,…

In AVM Technologies LLC v. Intel Corporation, C.A. No. 15-33-RGA (D. Del. Apr. 27, 2017), Judge Andrews granted the defendant’s motion to exclude testimony of two of the plaintiff’s damages experts as unreliable. One expert had opined on the speed benefit the defendant’s chips would have realized by allegedly practicing the patent-at-issue. As part of the…

On April 28, 2017, in AVM Technologies LLC v. Intel Corporation, C.A. No. 15-33-RGA (D. Del. Apr. 28, 2017), Judge Andrews issued three pretrial decisions. First, the Court denied the plaintiff’s motion for partial summary judgment. The plaintiff argued that the defendant did not produce sufficient evidence to create a dispute of material fact about whether…

In Blackbird Tech LLC d/b/a Blackbird Technologies v. TuffStuff Fitness International, Inc., C.A. No. 16-733-GMS (D. Del. Apr. 27, 2017), Judge Sleet granted the defendant’s motion to transfer the case from the District of Delaware to the Central District of California. The defendant’s motion had requested that the Court dismiss the suit for lack of personal…

In an uncommon course of events, Judge Andrews presided over two jury trials in two weeks. On May 10, 2017, the jury in AVM Technologies LLC v. Intel Corporation, C.A. No. 15-33-RGA (D. Del. May 10, 2017), entered a unanimous verdict of no patent infringement and no invalidity, leaving the parties with no relief. On May…

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.