In Cronos Technologies LLC v. Expedia Inc., C.A. No. 13-1538-LPS (D. Del. Aug. 15, 2016), Chief Judge Stark clarified the reasoning for his order granting Expedia’s motion for summary judgment of non-infringement. The Court initially granted the motion for summary judgment on July 22, 2016, following briefing, oral argument, and supplemental briefing addressing claim construction. In…

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, et al., C.A. Nos. 14-006 and 14-1212 (D. Del. Aug. 15, 2016), Judge Andrews granted in part the defendants’ motion for judgment on the pleadings pursuant to 35 U.S.C. § 101, finding four of the five patents-in-suit ineligible and dismissing as moot the fifth patent due to…

In W.L. Gore & Associates, Inc. v. C.R. Bard Inc. and Bard Peripheral Vascular, Inc., C.A No. 11-515 (D. Del. July 27, 2016), Chief Judge Stark denied the plaintiff’s motion for sanctions against the defendants. In its motion, the plaintiff alleged that, on the morning of trial, the defendants contended that they had recently found a…

In VideoShare LLC v. Google Inc., C.A. No. 13-990-GMS (D. Del. Aug. 2, 2016), Judge Sleet granted the motion for judgment on the pleadings filed by the defendants, Google, Inc. and YouTube, LLC, invalidating the two patents at issue under Section 101 for claiming patent-ineligible subject matter. The plaintiff, VideoShare, LLC (“VideoShare”), alleged infringement of two…

In Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., C.A. No. 12-1461-LPS-CJB (D. Del. Aug. 4, 2016), Magistrate Judge Burke compelled the plaintiff, Princeton Digital Image Corp. (“Princeton Digital”), to supplement its initial infringement contentions to provide greater specificity. Judge Burke ordered Princeton Digital to serve separate infringement contentions for each of the mobile games…

In Apeldyn Corp. v. Sony Corp. and Apeldyn Corp. v. Samsung Electronics Co., C.A. Nos. 11-440-SLR/SRF and 11-581-SLR/SRF (D. Del. July 27, 2016), Judge Robinson granted in part the defendants’ motion to review the clerk’s taxation of costs, awarding $28,296.38 in costs for depositions and electronic discovery. Under Section 1920(2), the District of Delaware Local…

In W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., C.A. No. 11-515-LPS (D. Del. July 27, 2016), Chief Judge Stark adopted Magistrate Judge Burke’s report and recommendation that C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.’s (collectively, “Bard”) motion for summary judgment of laches be denied. Judge Burke had concluded that genuine issues of material…

In Inventor Holdings, LLC v. Bed Bath & Beyond Inc., C.A. No. 14-448-GMS (D. Del. July 14, 2016), Judge Sleet awarded $931,903.45 in fees to the defendant, Bed Bath & Beyond Inc. (“Bed Bath & Beyond”), over objections of the plaintiff, Inventor Holdings, LLC (“Inventor Holdings”). The Court had earlier concluded that the case was exceptional…

In Bristol-Myers Squibb Co. v. Merck & Co., C.A. No. 14-1131 (D. Del. July 13, 2016), Judge Sleet denied plaintiffs Bristol-Myers Squibb Co., E. R. Squibb & Sons, L.L.C., Ono Pharmaceutical Co., Ltd., and Tasuku Honjo’s (collectively, “Movants’”) motion to transfer to Delaware a nonjoinder of inventorship case pending in the District of Massachusetts. The Massachusetts…

In Healthbox Global Partners, LLC v. Under Armour, Inc., C.A. No. 16-146-SLR (D. Del. July 19, 2016), a reverse-confusion trademark infringement, unfair competition, and dilution case, Judge Robinson denied the motion for a preliminary injunction filed by the plaintiff, Healthbox Global Partners, LLC (“Healthbox Global”). Healthbox Global holds the “Healthbox” trademark for use in advisory and…