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…

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 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…

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 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 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 CR Bard Inc. et al v. AngioDynamics Inc., C.A. No. 1-15-cv-00218 (D. Del. Jan. 12, 2016), Judge Robinson denied the defendant’s motion to transfer to the District of Utah. Even though the defendant was incorporated in Delaware, the defendant argued that Delaware was not “home turf” for either party, and that the District of Utah…

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 a recent opinion, the Delaware Court of Chancery considered, among other things, the impact of an integration clause contained in a subscription agreement for interests in a Delaware limited partnership on a side letter between the limited partnership and an investor, as well as the authority of a general partner to cause the limited partnership…

Delaware is known for its robust litigation in the field of corporate governance, generally arising from transactions among some of the country’s largest and most well-known companies. But Delaware also has become a forum of choice for litigants seeking to protect a variety of intellectual and competitive interests, including trade secrets, restrictive covenants, and confidentiality agreements.…