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 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 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 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 .…

In Solak v. Sarowitz, 2016 WL 7468070 (Del. Ch. Dec. 27, 2016), the Court of Chancery denied in part a motion to dismiss a declaratory judgment and breach of fiduciary duty action challenging a fee-shifting bylaw adopted by the board of directors of Paylocity Holding Corporation (“Paylocity” or the “Company”). The Court rejected a ripeness challenge…

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 CDX Holdings, Inc. v. Fox, 141 A.3d 1037 (2016), the Delaware Supreme Court, applying a “clearly erroneous” standard of review, deferred to the Court of Chancery’s findings of fact and upheld the Court of Chancery’s determination that a corporation breached its stock option plan in connection with a spinoff and merger transaction. Caris Life Sciences,…

Following the Delaware Supreme Court decision in Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del. 2015), the Delaware courts have clarified and extended the application of the decision. In Corwin, the Delaware Supreme Court affirmed the Court of Chancery’s ruling that the business judgment rule is the appropriate standard of review for a merger…

Post-Corwin: Delaware Courts, Consistently Applying Corwin, Reinforce Long-Standing Policy of Delaware Law to Avoid Uncertainties and Costs of Judicial Second-Guessing in Merger TransactionsFollowing the Delaware Supreme Court decision in Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del. 2015), the Delaware courts have clarified and extended the application of the decision.  In Corwin…