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…

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 Honeywell Int’l, Inc. v. Nokia Corp., C.A. No. 04-1337-LPS (D. Del. Sept. 16, 2016), Chief Judge Stark, ruling from the bench, denied the defendants’ motion for attorneys’ fees, finding that the case was not exceptional under 35 U.S.C. § 285. The Federal Circuit had remanded the Court’s earlier denial of a motion for attorneys’ fees…

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…

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.…

Delaware courts traditionally afford parties broad and deferential freedom of contract. In Delaware, a commercial real estate purchase and sale agreement (referred to herein as a “PSA”) is no exception—buyers and sellers are free to arrange PSAs in a wide variety of forms. Still, Delaware custom and law provide important limitations and guidance that an attorney should…

In recent years, as potential stockholder plaintiffs have begun to heed the advice of the Delaware Supreme Court to use the “tools at hand” to investigate potential corporate wrongdoing before filing derivative litigation, use of Section 220 books and records demands has become a routine precursor to derivative litigation. The announcement of an adverse corporate event…

Delaware has passed new laws that impact employers and provide employees with additional protection from discrimination.