On February 25, 2016, the Financial Accounting Standards Board issued a long-anticipated Accounting Standards Update that may dramatically affect many lessees.

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 EMC Corporation, et al. v. Pure Storage Inc., C.A. No. 13-1985-RGA (D. Del. Feb. 29, 2016), Judge Andrews granted Plaintiffs’ motion for summary judgment of infringement as to certain claims of the ‘015 Patent against Pure Storage Inc. (“Pure”). In light of disagreements over the proposed jury instruction on the Court’s finding of infringement, the…

In f’real Foods LLC v. Hamilton Beach Brands Inc. et al., C.A. No. 14-1270-GMS (D. Del. Feb. 26, 2016), Judge Sleet granted the plaintiff’s motion for voluntary dismissal of counts I-IV in the underlying complaint, and denied the defendants’ motion for partial dismissal for lack of standing. Over a year into this patent infringement action, the…

In Carrier Corp. v. Goodman Global, Inc. et al., C.A. No. 12-930-SLR (D. Del. Feb. 22, 2016), Judge Robinson “reluctantly” granted a motion for a new trial brought by the defendants (“Goodman”) based on: (1) improper statements made by the plaintiff regarding an indemnity provision in a purchase order between Goodman and the manufacturer of…

In Hologic, Inc. and Cytyc Surgical Products, LLC v. Minerva Surgical, Inc., C.A. No. 15-1031-SLR (D. Del. Feb. 29, 2016), Judge Robinson denied the defendant’s motion to transfer venue and to strike Hologic, Inc.’s (“Hologic”) motion for preliminary injunction. First, the Court rejected Minerva Surgical, Inc.’s (“Minerva”) motion to transfer venue to the Northern District of…

In RainDance Technologies, et al. v. 10X Genomics Inc., C.A. No. 15-152-RGA (D. Del. Mar. 4, 2016), Judge Andrews dismissed a complaint for patent infringement under “the post-December 1, 2015 direct infringement pleading standard.” The complaint was filed on February 12, 2015 and amended on April 9, 2015. The Court found that retroactive applicability of the…

In EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985-RGA (D. Del. Feb. 29, 2016), Judge Andrews denied Pure Storage, Inc.’s challenge to EMC Corporation’s (“EMC”) standing to sue for infringement. Originally, the patents in suit were assigned by the co-inventors to Data Domain, Inc. EMC acquired Data Domain, Inc. in 2009 (which later…

In FutureVision.com, LLC v. Cequel Communications LLC et al., C.A. No. 13-855-MPT (D. Del. Mar. 1, 2016), Magistrate Judge Thynge granted summary judgment on the defendants’ license defense, thus barring the plaintiff’s infringement claims. The defendants, cable operators with cable systems throughout the United States, successfully argued that each of the accused services were expressly licensed…

Legislation proposing to amend the General Corporation Law of the State of Delaware (the “DGCL”) has been released by the Corporate Council of the Corporation Law Section of the Delaware State Bar Association and, if approved by the Corporation Law Section, is expected to be introduced to the Delaware General Assembly. If the amendments become effective,…