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 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 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…

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…

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…

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 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,…

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.