In Scientific Telecommunications LLC v. ADTRAN, Inc., C.A. No. 15-647-SLR (D. Del. July 25, 2016), Judge Robinson denied defendant ADTRAN, Inc.’s (“ADTRAN”) motion to reconsider the denial of its motion to transfer venue or to certify the order denying transfer for interlocutory appeal. ADTRAN asked the Court to reevaluate its decision in light of In re…

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…

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 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 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 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…

Delaware’s 148th General Assembly recently enacted legislation that expands the landscape of protections afforded to employees and applicants for employment under Delaware law.

On August 10, 2016, Governor Jack Markell signed into law Senate Bill No. 297, which provides for the waiver of certain recording fees charged by the State of Delaware for recording in the land records documents filed by a common interest community or civic association. The Act is effective only if the county in question has…

On August 3, 2016, Governor Jack Markell signed into law Senate Bill No. 179, as amended. The Act amends the Delaware Fair Housing Act and the Delaware Residential Landlord-Tenant Code by prohibiting housing discrimination based on source of income, making source of income a protected class for this purpose.

The Delaware General Assembly recently enacted amendments to the Delaware Statutory Trust Act (the “DSTA”). The amendments are designed to enhance the DSTA and to maintain Delaware’s place as the premier jurisdiction in which to form statutory trusts. The amendments include several important changes relating to the nature and operation of statutory trusts, including the ability…