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 a rare order on the sufficiency of contentions, Chief Judge Stark denied the defendant’s motion to compel supplemental infringement contentions. In Takeda Pharmaceutical Company Limited v. Teva Pharmaceuticals USA, Inc., C.A. No. 16-246-LPS (D. Del. Jan. 31, 2017), defendant Teva Pharmaceuticals USA, Inc. (“Teva”) claimed that the plaintiffs’ contentions failed to describe how its ANDA…

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…

In CallWave Communication LLC v. Verizon Services Corp., C.A. No. 12-1704-RGA (D. Del. Feb. 13, 2017), Judge Andrews granted plaintiff CallWave Communication LLC’s (“Callwave”) motion to enforce a settlement agreement with Telecommunication Systems Inc. (“TCS”). The settlement arose from patent litigation between Callwave and defendants Verizon Services Corp. (“Verizon”) and Google Inc. (“Google”). TCS was the…

In Robert Bosch LLC v. Alberee Products, Inc., C.A. No. 12-574-LPS (D. Del. Jan. 24, 2017), Chief Judge Stark denied defendant Costco Wholesale Corporation’s (“Costco”) motion to dismiss under Federal Rule of Civil Procedure 37(b)(2), but granted Costco alternative relief by way of attorneys’ fees, additional discovery and evidentiary relief. In opposition to Costco’s motion, Robert…

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 W.L. Gore & Associates Inc. v. C.R. Bard, Inc., C.A. No. 11-515-LPS (D. Del. Feb. 8, 2017), Chief Judge Stark granted in part the defendants’ motion for attorneys’ fees incurred in responding to the plaintiff’s motion for sanctions under 28 U.S.C. § 1927. The plaintiff filed the motion for sanctions after, on the morning of…

This publication contains recent court decisions affecting Delaware corporations and other business entities, as well as the 2016 amendments to Delaware’s corporate and alternative entity law.

In a recent decision, the Delaware Supreme Court has provided insight into the factors the Delaware courts will consider in assessing director independence in the context of derivative suits. These factors include personal relationships and the board’s previous determinations under the stock exchange rules.…