In IP Communication Solutions, LLC v. Viber Media (USA) Inc., C.A. No. 16-134-GMS (D. Del. Apr. 5, 2017), Judge Sleet granted in part and denied in part the defendant’s motion to dismiss for failure to state a claim. In its amended complaint, the plaintiff, IP Communications Solutions, LLC, alleged literal and indirect (induced) infringement, and included…

In Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., C.A. No. 12-1461-LPS-CJB (D. Del. Mar. 30, 2017), Chief Judge Stark overruled objections to Magistrate Judge Burke’s recommendation to deny Princeton Digital Image Corp.’s (“Princeton Digital”) motion to dismiss the defendants’ counterclaim for declaratory judgment of invalidity. Judge Burke had concluded that the defendants, Digital Entertainment…

In Tessera, Inc. v. Broadcom Corporation, C.A. No. 16-379-LPS-CJB and 16-380-LPS-CJB (D. Del. Mar. 21, 2017), Magistrate Judge Burke denied Broadcom Corporation’s (“Broadcom”) motion to transfer these related cases from the District of Delaware to the Northern District of California. Judge Burke rejected Broadcom’s argument that, because the plaintiffs in these two cases—all incorporated in Delaware—had…

In Godo Kaisha IP Bridge 1 v. OmniVision Technologies, Inc., C.A. No. 16-290-SLR (D. Del. Mar. 29, 2017), Senior Judge Robinson denied OmniVision Technologies, Inc.’s (“OmniVision”) motion to transfer the case from the District of Delaware to the Northern District of California, where OmniVision is headquartered. According to Judge Robinson, and viewing the Third Circuit’s …

In Bright House Networks, LLC v. Mobile Telecommunications Technologies, LLC, C.A. No. 16-277-LPS-CJB (D. Del. Mar. 30, 2017), Magistrate Judge Burke granted the movants’ request that the infringement contentions of patentee Mobile Telecommunications Technologies, LLC (“Mobile Telecomm”) were not properly designated confidential under the protective order. Judge Burke found that the contentions did not fall under…

In Noven Pharmaceuticals Inc. v. Actavis Laboratories UT Inc., C.A. No. 15-249-LPS (D. Del. Mar. 24, 2017), Chief Judge Stark denied the parties’ joint motion to redact portions of the trial transcripts, deposition testimony, trial demonstratives, and trial exhibits. According to the Court, the request to redact certain witness testimony, deposition designations, and the entirety of…

In Cloud Satchel LLC v. Amazon.com, Inc., C.A. No. 13-941-SLR and 13-942-SLR (D. Del. Mar. 30, 2017), Senior Judge Robinson denied a motion for relief from judgment filed by Cloud Satchel, LLC (“Cloud Satchel”) in these related cases. The Court had earlier ruled on summary judgment that the subject matter of the patents-in-suit was patent ineligible…

The Delaware Supreme Court recently issued an opinion that could significantly change the pleading requirements for a scire facias mortgage proceeding in the Superior Court. In Shrewsbury v. The Bank of New York Mellon, 2017 WL 1374746 (April 17, 2017), the issue before the Court was whether the Superior Court was correct in holding that…

Proposed amendments to the General Corporation Lawof the State of Delaware have been approved by theCorporation Law Section of the Delaware State BarAssociation and are expected to be introduced to theDelaware General Assembly. The amendments addressblockchain technology, stockholder consents, mergersand consolidations, and annual reporting.…