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…

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…

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…

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 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 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…