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 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…

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 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…

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 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 the latest in a series of decisions addressing conflict of interest transactions involving Delaware limited partnerships, the Delaware Supreme Court confirmed in Dieckman v. Regency GP LP, C.A. No. 11130 (Del. Jan. 20, 2017), that although Delaware courts will enforce clear, express and unambiguous language modifying or eliminating default fiduciary duties, a conflict of interest…

Amendments to the Delaware Statutory Trust Act (the “DSTA”), effective August 1, 2016, provide for the ability to opt out of separate legal entity status. [Read our July 2016 update HERE]. In the five months since the effective date of the amendments, the opt-out provisions of the DSTA have been embraced and utilized by many in…

In North Star Innovations Inc. v. Sharp Corp., C.A. No. 16-351-LPS-CJB (D. Del. Dec. 12, 2016) (ORAL ORDER), Magistrate Judge Burke granted defendant Sharp’s motion to stay pending resolution of its motion to dismiss. The defendant filed the motion to stay in the midst of briefing on the motion to dismiss—purportedly in response to the Court’s…

In AVM Technologies, LLC v. Intel Corp., C.A. No. 15-0033-RGA-MPT, 2016 WL 7374537 (D. Del. Dec. 19, 2016), Judge Andrews affirmed Magistrate Judge Thynge’s oral order denying plaintiff AVM Technologies, LLC’s motion for discovery sanctions. AVM requested that the defendant, Intel Corp., “be precluded from ‘making any arguments that its timing analyses and any simulations .…