In EZLinks Golf LLC v. PCMS Datafit, Inc., C.A. No. N16C-07-080-PRW-CCLD, Judge Wallace granted the defendant’s partial motion to dismiss. The plaintiff, EZLinks Golf LLC (“EZLinks”), initiated a breach of contract and fraud action against the defendant, PCMS Datafit, Inc. (“PCMS”). EZLinks claimed that PCMS fraudulently induced EZLinks into entering a reseller agreement and then breached…

In NVent, LLC v. Hortonworks, Inc., C.A. No. N16C-05-148-EMD-CCLD, Judge Davis granted in part and denied in part the defendant’s motion to dismiss and granted the plaintiff leave to amend its complaint. The plaintiff, NVent LLC (“NVent”), initiated a breach of contract action against the defendant, Hortonworks Inc. (“Hortonworks”), based upon two agreements: a vendor services…

In Frechter v. Zier, the Delaware Court of Chancery invalidated a bylaw that, on its own, purported to require a vote of two-thirds of the corporation’s outstanding voting stock to remove directors. The Court’s opinion provides guidance as to the implementation of supermajority voting provisions under the Delaware General Corporation Law (DGCL), including when such provisions…

Legislation proposing to amend the General Corporation Law of the State of Delaware (the “DGCL”) has been released by the Corporate Council of the Corporation Law Section of the Delaware State Bar Association and, if approved by the Corporation Law Section, is expected to be introduced to the Delaware General Assembly.

The Delaware Department of Labor has recently updated the labor law poster that employers are required to display. The new poster reflects the recent law that protects employees from discrimination by employers with four or more employees on the basis of their family care responsibilities and reproductive health decisions

Following a bench trial in AstraZenca AB v. Aurobindo Pharma Ltd., C.A. No. 14-664-GMS (D. Del. Feb. 2, 2017), Judge Sleet determined that the asserted claims of the patent-in-suit were not invalid for obviousness under 35 U.S.C. § 103. In light of the trial testimony, Defendant Aurobindo Pharma Ltd. (“Aurobindo”) argued that the asserted claims were…

In Intel Corp. v. Future Link Systems, LLC, C.A. No. 14-377-LPS (D. Del. Jan. 27, 2017), Chief Judge Stark ruled on a number of disputes concerning the parties’ privilege logs. After the initial teleconference, the Court “instructed the parties to ‘pick ten specific entries from the other side’s privilege log’ and then meet and confer regarding…

In Intellectual Ventures I LLC v. AT&T Mobility LLC, C.A. Nos. 12-193-LPS, 13-1632-LPS, 13-1633-LPS, 13-1635-LPS, 13-1636-LPS, 13-1637-LPS, 15-799-LPS, 15-800-LPS (D. Del. Jan. 31, 2017), Chief Judge Stark ruled on four motions to strike portions of expert reports and plaintiff Intellectual Ventures I LLC’s (“IV”) request for reconsideration of the Court’s invalidity ruling in light of recent…

In Endo Pharmaceuticals Inc. v. Actavis Inc., C.A. No. 14-1381-RGA (D. Del. Feb. 8, 2017), Judge Andrews granted one, and denied two, pretrial motions in limine brought by the defendants and denied another filed by the plaintiffs. The Court granted the defendants’ motion in limine prohibiting the plaintiffs’ expert from testifying to commercial success…

In Sanofi v. Lupin Atlantis Holdings SA, C.A. No. 15-415-RGA (D. Del. Jan. 26, 2017), Judge Andrews denied defendant Sandoz Inc.’s (“Sandoz”) motion to dismiss the plaintiff’s ANDA infringement action for lack of subject matter jurisdiction. The motion arose from Sandoz’s filing of a Paragraph IV certification, which it later, during expert discovery, changed to a…