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.

In NCR Corp. v. Documotion Research, Inc., C.A. No. 14-395-GMS (D. Del. June 16, 2016), Judge Sleet denied the defendant’s request to reconsider the construction of the term “single column” as having a plain and ordinary meaning, finding the request to be “an improper motion for reconsideration.” Voicing his concern with the defendant’s “lack of regard…

In Teva Pharm. USA, Inc. v. Forest Labs., Inc., C.A. No. 13-2002-GMS (D. Del. June 16, 2016), Judge Sleet granted the plaintiffs’ motion to dismiss the defendants’ counterclaims and affirmative defenses, which the defendants had included for the first time in their answer to the plaintiffs’ first amended complaint. Almost two years after filing the initial…

In MiiCs & Partners America, Inc., et al., v. Toshiba Corporation, et al., C.A. No. 14-803-RGA (D. Del. June 15, 2016), Judge Andrews granted the request by third party Samsung Display Company (“SDC”) to intervene. SDC moved to intervene on the grounds that it was the manufacturer of modules contained in many of the defendants’ accused…

In Callwave Communications LLC v. AT&T Mobility, LLC, et al., C.A. No. 12-1701-RGA (D. Del. June 16, 2016), Judge Andrews adopted Special Master Yvonne Saville’s Report and Recommendation denying the parties’ cross-motions to strike the testimony of each other’s experts. The plaintiff moved to strike the defendants’ invalidity expert from testifying regarding a theory first disclosed…

In Pfizer Inc. v. Mylan Inc., C.A. No. 15-26-SLR/SRF (D. Del. June 15, 2016), Judge Robinson mostly accepted Magistrate Judge Fallon’s Report and Recommendation on the defendants’ motion to dismiss, denying the motion as to the Mylan defendants (with leave to renew after jurisdictional discovery) and denying the motion as to defendant Agila with prejudice. The…

In Vehicle Interface Technologies, LLC v. Jaguar Land Rover North America, LLC, C.A. No. 12-1285-RGA (D. Del. June 15, 2016), Judge Andrews analyzed the total fee amount requested by the prevailing party, Jaguar (whom he already determined was entitled to fees under 35 U.S.C. § 285), in light of the following five objections raised by Vehicle…

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

The State of Delaware regularly audits Delaware corporations with regard to unclaimed property liability. As part of such audits, for periods when such corporations did not have the necessary books and records, Delaware would estimate such corporation’s unclaimed property liability to Delaware and assess that amount. However, on June 28, 2016, the U.S. District Court for…

On June 28, 2016, Delaware Governor Jack Markell signed into law House Bill No. 353, which made an important change to Delaware law on mortgage foreclosures.