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 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…

In Cosmo Techs. Ltd. v. Actavis Labs. FL, Inc., C.A. No. 15-164-LPS (D. Del. May 4, 2017), Chief Judge Stark ruled on various motions in limine and other pretrial matters in advance of a bench trial. Chief Judge Stark denied the three pending motions in limine. First, Chief Judge Stark denied the plaintiffs’ motion to…

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 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 Ansell Healthcare Products LLC v. Reckitt Benckiser LLC, C.A. No. 15-915-RGA (D. Del Apr. 11, 2017), Judge Andrews denied the defendant’s motion to withdraw its admission that its accused product, Durex RealFeel condoms, comprised particles bonded to each other through intra-polyisoprene particle crosslinks and inter-polyisoprene particle crosslinks. Despite making this admission over a year earlier…

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…