In El Paso Pipeline GP Company, L.L.C. v. Brinckerhoff, No. 103, 2016 (Del. Dec. 20, 2016), the Delaware Supreme Court reversed the Court of Chancery’s holding that a limited partner maintained standing to pursue his claims challenging a dropdown transaction after the limited partnership was acquired by merger.  The Supreme Court rejected the Chancery Court’s holding that the plaintiff’s claims arose out of a breach of the partnership agreement and, therefore, were direct in nature.  As the claims were derivative, they passed to the buyer in the merger, thereby extinguishing the plaintiff’s standing. 

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 Evolved Wireless, LLC v. Apple, Inc. et al., C.A. No. 1-542-SLR (October 31, 2016), Judge Robinson denied the four defendants’ motions for judgment on the pleadings. The defendants argued that two of the five patents in the litigation claimed patent-ineligible subject matter under 35 U.S.C. § 101. Judge Robinson determined that the patents claimed patent-eligible…

In Pride Manufacturing Co. v. Evolve Golf, Inc., C.A. No. 15-1034-SLR (Oct. 31, 2016), Judge Robinson granted the defendant’s motion to dismiss for lack of subject matter, and denied the plaintiff’s motion for declaratory judgment of noninfringement. The plaintiff brought an action for declaratory judgment of noninfringement and invalidity. In its answer, the defendant admitted that…

In Reckitt Benckiser Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-1451-RGA (Nov. 4, 2016), Judge Andrews granted the plaintiffs’ motion to compel discovery of four documents. The documents were authored by three individuals who were either Indian in-house counsel or reported to in-house counsel. The defendants argued that the documents were protected…

In Orexo AB v. Actavis Elizabeth LLC, Civ. No. 14-829-SLR (Nov. 15, 2016), an ANDA case, Judge Robinson found one of the two patents-in-suit invalid as obvious after trial. The Court held a five-day bench trial to address the issues of infringement and validity. The patents relate to a drug used to treat opioid dependence. Regarding…

In Koninklijke Philips N.V. et al. v. ASUSTeK Computer Inc. et al., C.A. No. 15-1126-GMS (D. Del. Oct. 25, 2016), Judge Sleet denied the defendants’ motion to dismiss for failure to state a claim of direct infringement and granted the motion to dismiss for failure to state a claim with respect to the plaintiffs’ contributory infringement…

In Ferring Pharmaceuticals Inc. et al. v. Par Pharmaceutical, Inc., C.A. No. 15-173-RGA (D. Del. Oct. 28, 2016), Judge Andrews denied the plaintiffs’ and the defendant’s motions in limine to preclude evidence relating to the meaning of a disputed claim term as impermissible claim construction. During the Markman hearing held in January 2016, Judge…

In Andover Healthcare, Inc. v. 3M Company, C.A. No. 13-843-LPS (D. Del. Oct. 18, 2016), Chief Judge Stark denied the parties’ cross-motions for summary judgment on the defendant’s laches and equitable estoppel defenses, as well as the defendant’s motion for summary judgment of indefiniteness, noninfringement and willfulness, defendant’s motion to preclude the plaintiff’s CEO from testifying…

In Quest Licensing Corporation v. Bloomberg L.P. et al., C.A. No. 14-561-GMS (Nov. 15, 2016), Judge Sleet granted the defendants’ motion for leave to file a motion for summary judgment of noninfringement. In their motion for leave, the defendants asserted that the claim term “changing information,” found in every asserted claim, presented a single, discrete, case-dispositive…