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 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 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…

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.…

This week the Delaware House of Representatives introduced an amended bill that would bar employers from asking applicants about their previous compensation history. The goal of House Bill No. 1 (H.B. 1) is to address the wage gap between men and women in Delaware. If H.B.1 is enacted, the new law would prohibit employers and their…

What exactly does it mean when a company’s attorneys represent the company, not the company’s executives? Suppose an executive consults with company attorneys to determine if the company’s course of action is legally permissible. Months after receiving the legal advice, the company files for bankruptcy. The executive is also criminally prosecuted over the very actions for…

In Green Mountain Glass, LLC et al. v. Saint-Gobain Containers, Inc., C.A. No. 14-392-GMS (D. Del. February 24, 2017), Judge Sleet denied the plaintiffs’ request for leave to file four partial motions for summary judgment and the defendant’s request for leave to file a motion for summary judgment. The plaintiffs sought leave to file: (1) a…

In Air Products & Chemicals, Inc. v. Eric P. Wisemann et al., C.A. No. 14-1425-SLR (Feb. 27, 2017), Judge Robinson denied the defendants’ motion to sanction plaintiff Air Products and Chemicals, Inc. (“Air Products”) based on alleged spoliation of evidence. Although the defendants originally filed the motion for sanctions before trial, the Court held the motion…