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 Nespresso USA, Inc. v. Ethical Coffee Company SA, C.A. No. 16-194-GMS (D. Del. July 20, 2016), Judge Sleet, during a scheduling conference, highlighted the challenges involved in trying antitrust claims with patent claims. The defendant, Ethical Coffee Company SA, joined by counterclaim-plaintiff Ethical Coffee Corporation, argued that because the antitrust issues were tied to the…

In Gilead Sciences, Inc. v. AbbVie, Inc., C.A. Nos. 13-2034-GMS, 14-209-GMS, and 14-379-GMS (D. Del. July 22, 2016), Judge Sleet issued an oral order striking a joint letter by the parties requesting a teleconference to discuss the order of proof at trial, stating that “the Court will no longer accept communications of this type from the…

In Mastercool Inc. v. Irwin Industrial Tool Company, C.A. No. 15-1146-LPS-CJB (D. Del. July 22, 2016), Magistrate Judge Burke granted Irwin Industrial Tool Company’s (“Irwin Industrial”) motion to amend the scheduling order to allow for early claim construction of one term and set a date for an early claim construction hearing with Chief Judge Stark (preceded…

In Cosmo Technologies Ltd. v. Lupin Ltd., C.A. No. 15-669-LPS (D. Del. July 28, 2016), a protective order dispute, Chief Judge Stark adopted the plaintiffs’ definition of “legal personnel” and denied the defendants’ request to extend the default time period under which plaintiffs should search for responsive documents. The defendants opposed the proposed definition of “legal…

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…