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…

On January 12, 2017, Delaware SB 13 was introduced in the Delaware General Assembly, proposing comprehensive Delaware unclaimed property legislative reform. The administration-drafted bill addresses many aspects of Delaware’s unclaimed property audit program and compliance regime. Over the past decade, the receipt of unclaimed property has consistently been Delaware’s third-largest source of revenue, accounting for nearly…

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 Intellectual Ventures I LLC, et al. v. Toshiba Corporation, et al., C.A. No. 13-453-SLR, 2016 WL 7341713 (D. Del. Dec. 19, 2016), Judge Robinson granted and denied multiple motions by the plaintiffs (“IV”) and defendants (“Toshiba”). The case involved infringement allegations related to five patents. Toshiba filed five pre-trial motions: (1) for partial summary judgment…

In Endo Pharmaceuticals Inc., et al. v. Actavis Inc., et al., C.A. No. 14-1381-RGA (D. Del. Dec. 8, 2016) (ORDER), Judge Andrews denied the plaintiffs’ motion to continue trial. The plaintiffs sought to continue trial so they could plead claim and issue preclusion, take discovery, move for summary judgment, and add Teva Pharmaceuticals (“Teva”) as a…

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 .…

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 Greatbatch Ltd. v. AVX Corp., C.A. No. 13-723-LPS, 2016 WL 7217625 (D. Del. Dec. 13, 2016), Chief Judge Stark denied plaintiff Greatbatch Ltd.’s motion to vacate the summary judgment finding of no willful infringement and ruled on numerous other disputes. Greatbatch had moved to vacate the Court’s summary judgment decision of no willfulness because the…

In Sandys v. Pincus, — A.3d —-, 2016 WL 7094027 (Del. Dec. 5, 2016), the Delaware Supreme Court reversed the Court of Chancery’s dismissal of a derivative suit for failure to plead demand excusal, holding that plaintiff had pled facts, including co-ownership of an airplane and interlocking business relationships, that created a pleading-stage reasonable doubt as…

In The Huff Energy Fund, L.P. v. Gershen, 2016 WL 5462958 (Del. Ch. Sept. 29, 2016), the Court of Chancery rejected a significant stockholder’s claim that the implementation and adoption of a plan of dissolution was subject to enhanced scrutiny under Revlon and Unocal. Furthermore, finding that the adoption of the plan of dissolution…