In TQ Delta LLC v. Pace PLC, C.A. No. 13-1835-RGA (D. Del. Jan. 5, 2017), and related actions, Judge Andrews outlined the function of conflicts counsel ordered to undertake discovery of a third party to the lawsuit. Third party Broadcom Corp. (“Broadcom”) had permitted one of the defendants to produce sensitive documents containing Broadcom’s information, after…

This update provides short updates on judicial decisions, trends, and notable events in the United States District Court for the District of Delaware, traditionally one of the three busiest jurisdictions for intellectual property litigation.

In Sound View Innovations, LLC v. Facebook, Inc., C.A. 16-116-RGA (D. Del. Jan. 17, 2017), Judge Andrews denied a motion for entry of final judgment under Fed. R. Civ. P. 54(b) filed by the plaintiff, Sound View Innovations, LLC (“Sound View”), after one of the seven patents-in-suit was invalidated for lack of patentable subject matter. Sound…

In Delaware Display Group LLC v. Lenovo Holding Co., C.A. No. 13-2108-RGA (D. Del. Jan. 18, 2017), and related actions, Judge Andrews denied the various defendants’ motion to exclude the opinions of the damages expert for the plaintiffs, Delaware Display Group LLC and Innovative Display Technologies, LLC (together, “Delaware Display”), as unreliable. The defendants argued that…

In Quest Licensing Corp. v. Bloomberg LP, C.A. No. 14-561-GMS (D. Del. Jan. 19, 2017), a consolidated action, Judge Sleet granted the defendants’ motion for summary judgment of non-infringement in light of the construction of the term “changing information.” All of the asserted claims required the receipt or provision of “changing information,” construed by the Court…

In Princeton Digital Image Corp. v. Harmonix Music Systems Inc., C.A. No. 12-1461-LPS-CJB (D. Del. Jan. 19, 2017), Magistrate Judge Burke recommended that Princeton Digital Image Corp.’s (“Princeton”) motion to dismiss defendants Konami Digital Entertainment Inc., Harmonix Music Systems, Inc., and Electronic Arts, Inc.’s counterclaims for declaratory judgments of invalidity and noninfringement be granted in part…

In SIPCO, LLC v. Streetline, Inc., C.A. No. 16-830-RGA (D. Del. January 20, 2017), Judge Andrews granted a motion to dismiss for failure to state a claim filed by the defendants, Streetline, Inc. and Kapsch TrafficCom Holding Corp. (together, “Streetline”). Streetline argued that the complaint, which alleged infringement of ten patents against the two defendants, failed…

In ArcelorMittal v. AK Steel Corp., C.A. No. 13-685-SLR (D. Del. January 19, 2017), Judge Robinson granted the motion for summary judgment of non-infringement filed by the defendant, AK Steel Corp. (“AK Steel”). In an earlier action between the parties, Judge Robinson had also granted summary judgment of non-infringement in AK Steel’s favor, and entered judgment…

In Cornell University v. Illumina, Inc., C.A. No. 10-433-LPS-MPT (D. Del. January 10, 2017), Chief Judge Stark sustained the objections made by the plaintiffs, Cornell University, Cornell Research Foundation, Inc., Life Technologies Corp., and Applied Biosystems, LLC (collectively, “Cornell”), to certain of Chief Magistrate Judge Thynge’s claim constructions, as well as Cornell’s objections to the magistrate…

In Acceleration Bay LLC v. Activision Blizzard Inc., C.A. No. 15-228-RGA (D. Del. Jan. 10, 2017), Judge Andrews denied from the bench a motion for fees brought by a number of defendants in related actions after the Court dismissed the patent infringement actions filed by Acceleration Bay LLC (“Acceleration Bay”) for lack of standing. The defendants…