Two recent decisions by the Delaware Court of Chancery have helped to define the contours of the Court’s authority in proceedings under Section 205 (“Section 205”) of the General Corporation Law of the State of Delaware (the “DGCL”). In In re Genelux Corporation, 126 A.3d 644 (Del. Ch. 2015), the Court of Chancery held that a…

In In re Trulia, Inc. Stockholder Litigation, C.A. No. 10020-CB (Del. Ch. Jan. 22, 2016), the Delaware Court of Chancery refused to approve a class action settlement that called for marginal disclosures in exchange for a broad release of stockholder claims. In so doing, the Court announced that moving forward it would review such “disclosure…

In a post-trial decision, the Court of Chancery ordered respondent Yahoo! Inc. to produce additional documents in response to plaintiff Amalgamated Bank’s demand to inspect Yahoo’s books and records pursuant to 8 Del. C. § 220. Amalgamated Bank v. Yahoo! Inc., 2016 WL 402540 (Del. Ch. Feb. 2, 2016). In doing so, the Court interpreted…

In consideration of the increasingly diverse business models in today’s workforce, the Department of Labor’s Wage and Hour Division recently issued guidance on identifying those scenarios in which two or more employers jointly employ an employee and are therefore jointly liable for compliance under the FLSA.

New litigators are at the low end of the totem pole, the food chain, and the other proverbial hierarchies. Sometimes it seems as though only the most mundane or insignificant tasks trickle down—basic research, cite-checking, proofreading, etc. Do not be fooled, though. Focusing solely on the individual assignments as they come and go is a rookie…

In M2M Solutions LLC v. Motorola Solutions, Inc., et al., C.A. No. 12-33-RGA, (D. Del. Jan. 6, 2016), Judge Andrews granted the defendants’ motion for summary judgment related to damages, but denied the defendants’ motions for summary judgment of non-infringement and invalidity.  On the issue of infringement, Judge Andrews rejected the defendants’ argument that the patent-in-suit…

In Motivation Innovations, LLC v. Petsmart, Inc., C.A. No. 13-957-SLR (D. Del. Jan. 12, 2016), Judge Robinson granted the defendant’s motion for judgment on the pleadings and declared the plaintiff’s patent invalid under 35 U.S.C. § 101. In holding the patent invalid, Judge Robinson found that the patent was directed toward the abstract idea of “using…

In Forest Laboratories, Inc. v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-121-LPS (D. Del. Jan 5, 2016), Judge Stark issued a memorandum opinion construing the terms in eight patents. Before addressing the disputed terms, Judge Stark began by denying the plaintiffs’ motion to strike the defendants’ reply claim construction brief and supporting declaration. The plaintiffs argued…

In Teijin Limited v. Roxane Labs, Inc., C.A. No. 14-189-SLR (D. Del. Jan. 14, 2016), Judge Robinson granted the plaintiffs’ motion for leave to file a first amended complaint to add allegations of induced infringement. The defendants opposed any amendment, arguing that the amendment would be futile since, contrary to the new claims, the defendants did…

In Bayer Pharma AG v. Alembic Pharmaceuticals Limited, C.A. No. 15-832-GMS (D. Del. Jan. 7, 2016), the parties submitted competing scheduling proposals in an ANDA case. The plaintiffs requested that any claim construction issues be addressed in the context of trial or post-trial briefing. The plaintiffs contended that claim construction issues were already handled in a…