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…

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 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 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”)…

Due to the vacancies in the United States District Court for the District of Delaware, the Court announced today that it will be reassigning a portion of Senior Judge Robinson’s civil cases to visiting judges, effective immediately. The roster of visiting judges includes four from the Eastern District of Pennsylvania: Judge Mitchell Goldberg, Judge Gerald McHugh,…

In Frechter v. Zier, 2017 WL 345142 (Del. Ch. Jan. 24, 2017), the Court of Chancery denied defendants’ motion to dismiss plaintiff’s declaratory judgment and breach of fiduciary duty action challenging a bylaw of Nutrisystem, Inc. (“Nutrisystem” or the “Company”) that required a supermajority vote of the Company’s stockholders to remove directors. Also granting plaintiff’s motion…

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, 2016 WL 7048031 (Del. Ch. Dec. 5, 2016), the Court of Chancery held, pursuant to the language of a purchase agreement between Chicago Bridge & Iron Company N.V. (“Seller” or the “Company”) and Westinghouse Electric Company LLC (“Buyer”), that a dispute over the…

In IAC Search, LLC v. Conversant LLC, 2016 WL 6995363 (Del. Ch. Nov. 30, 2016), the Court of Chancery held that certain provisions in an asset purchase agreement collectively constituted a “clear disclaimer of reliance on extra-contractual statements” and barred plaintiff’s claim that defendant had fraudulently induced plaintiff to purchase one of its subsidiaries. In…

In In re Saba Software, Inc. Stockholder Litigation, 2017 WL 1201108 (Del. Ch. Mar. 31, 2017), the Court of Chancery refused for the first time to apply the cleansing effect available under Corwin v. KKR Fin. Holdings LLC, 125 A.3d 304 (Del. 2015), to a stockholder vote approving a merger, finding that plaintiff pled sufficient facts…

In re Saba Software, Inc. S’holder Litig.: Court of Chancery Declines to Find Stockholder Ratification under CorwinIn In re Saba Software, Inc. Stockholder Litigation, 2017 WL 1201108 (Del. Ch. Mar. 31, 2017), the Court of Chancery refused for the first time to apply the cleansing effect available under Corwin v. KKR Fin. Holdings LLC…