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 Tessera, Inc. v. Broadcom Corp., C.A. No. 16-380-LPS-CJB (D. Del. Oct. 19, 2016), Magistrate Judge Burke resolved disputes over identification of accused products and core technical documents. Specifically, Tessera, Inc. and Tessera Advanced Technologies, Inc. (together, “Tessera”), the plaintiffs, identified products accused of infringing certain patents as those containing materials that display a certain property,…

In Smith International, Inc. v. Baker Hughes Inc., Civ. No. 16-56-SLR/SRF (D. Del. Oct. 19, 2016), Judge Robinson affirmed Magistrate Judge Fallon’s recommendation to deny the motion to transfer filed by the defendant, Baker Hughes, Inc. (“Baker”). The parties had been involved in litigation in the Southern District of Texas regarding, among other issues, infringement of…

In Green Mountain Glass, LLC v. Saint-Gobain Containers, Inc., C.A. No. 14-392-GMS (D. Del. Oct. 11, 2016), Judge Sleet denied a motion for judgment on the pleadings brought by the defendant, Saint-Gobain Containers, Inc. (“Saint-Gobain”), that one of the patents-in-suit, covering glass recycling, was invalid under 35 U.S.C. § 101. Judge Sleet found that Saint-Gobain’s challenge…

In Merck Sharp & Dohme Corp. v. Hospira Inc., C.A. No. 14-915-RGA (D. Del. October 7, 2016), an ANDA case, Judge Andrews found one of two patents-in-suit invalid as obvious after trial. The plaintiff, Merck Sharp & Dohme Corp. (“Merck”), had alleged that the defendant, Hospira Inc. (“Hospira”), infringed two patents-in-suit related to an antibiotic. The…

On the same day, Chief Judge Stark issued opinions denying two out of three motions for judgment on the pleadings on the basis of unpatentability under 35 U.S.C. § 101. First, Judge Stark denied the defendants’ motion for judgment on the pleadings in Vehicle IP, LLC v. AT&T Mobility LLC, C.A. No. 09-1007-LPS (D. Del. Sept.…

In Seagate Technology (US) Holdings, Inc. v. Syntellect, Inc., C.A. No. 12-1686-RGA (D. Del. September 30, 2016), Judge Andrews awarded damages, fees, and costs to the plaintiff, Seagate Technology (US) Holdings, Inc. (“Seagate”), after granting summary judgment that the defendants were liable for breach of contract. Seagate brought this breach-of-contract action for the defendants’ alleged failure…

In United Access Technologies, LLC v. Frontier Communications Corp., C.A. No. 11-341-LPS (D. Del. Sept. 30, 2016), Chief Judge Stark denied Frontier Communications Corp.’s (“Frontier”) motion for judgment on the pleadings that collateral estoppel barred the claim for pre-suit damages made by the plaintiff, United Access Technologies, LLC (“United Access”). Frontier sought estoppel on the basis…

In Sarif Biomedical LLC v. Brainlab, Inc., C.A. No. 13-846-LPS (D. Del. Sept. 27, 2016), Chief Judge Stark denied a motion for attorneys’ fees under 35 U.S.C. § 285 made by the defendants, Brainlab, Inc., Brainlab AG, Brainlab Medizinische Computersysteme GMBH, and Varian Medical Systems, Inc. (collectively, “Brainlab”). The parties had stipulated to a final judgment…

The United States District Court for the District of Delaware has announced that Judge Sue L. Robinson will take senior status starting in February 2017. Judge Robinson served as a magistrate judge for the District of Delaware from 1988 to 1991, and was appointed as a district judge of the District of Delaware in 1991. She…