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.

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…

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 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…

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 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…

In Green Mountain Glass, LLC v. Saint-Gobain Containers, Inc. d/b/a Verallia North America, C.A. No. 14-392-GMS (D. Del. Apr. 21, 2017), a jury awarded the plaintiff $50,313,779.04 for its finding of infringement of one patent after a five-day trial. The jury also found the infringement willful. There were two patents-in-suit, U.S. Patent No. 5,718,737 (“’737 Patent”)…

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 Novartis AG v. Actavis Elizabeth LLC, C.A. No. 14-1487-LPS (D. Del. Apr. 17, 2017), Chief Judge Stark issued decisions on the parties’ proposed pretrial order, various motions in limine, Daubert motions and motions for summary judgment. Specifically, the Court denied the plaintiffs’ motion to exclude the testimony of the defendants’ biostatistician expert, noting that…

In Acceleration Bay LLC v. Activision Blizzard, Inc., C.A. No. 16-453-RGA (D. Del. Apr. 13, 2017), Judge Andrews denied the plaintiff’s motion for leave to update its preliminary election of asserted claims. In the scheduling order, the parties agreed to a reduction of asserted claims and prior art references where the final reduction of the asserted…