In Endo Pharmaceuticals Inc. v. Actavis Inc., C.A. No. 14-1381-RGA (D. Del. Nov. 17, 2015), Judge Andrews overruled objections to a report and recommendation concluding that the patent-in-suit should be found invalid due to lack of patent-eligible subject matter. The patent was directed to a method for treating renally impaired patients with a dosage of oxymorphone.…

Discussion In W.L. Gore and Assoc., Inc. v. C.R. Bard, Inc., C.A. No. 11-515-LPS-CJB (Oct. 23, 2015), Magistrate Judge Burke considered defendants’ motion to exclude certain opinions of plaintiff’s damages expert on the grounds that the expert’s opinion on a reasonable royalty rate was based on a conversation that she had with plaintiffs’ technical expert on…

Discussion In TruePosition, Inc. v. Polaris Wireless, Inc., C.A. No. 12-646-RGA (D. Del. Oct. 19, 2015), Judge Andrews denied defendant’s 35 U.S.C. § 285 motion for attorneys’ fees. Although defendant, the prevailing party in the underlying case, argued that fees were appropriate because of improper motivation, frivolousness, and objective unreasonableness on the part of plaintiff, the…

Discussion In Elm 3DS Innovations, LLC v. SK Hynix Inc. et al, C.A. No. 13-1674-RGA (D. Del. Oct. 26, 2015), C.A. No. 14-1432-LPS-CJB (D. Del. Oct. 16, 2015), Magistrate Judge Burke recommended that defendants’ motion to dismiss claims of pre-suit induced infringement be denied in a decision labeled a “very close call.” While defendants argued that…

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.

Discussion In Courtesy Prods. LLC v. Hamilton Beach Brands, Inc., C.A. No. 13-2012-SLR-SRF (D. Del. Oct. 20, 2015), Magistrate Judge Fallon considered a motion to dismiss plaintiff’s willful infringement claims and a motion to dismiss defendant’s inequitable conduct defense and counterclaim. Judge Fallon recommended denying defendant’s renewed motion to dismiss plaintiff’s willful infringement claims and granting…

A recent Delaware Supreme Court opinion reinforced Delaware’s “pure race” approach to lien status in the context of mortgage refinancing transactions. In Eastern Savings Bank, FSB v. CACH, LLC, CA No. N13A-09-008 (Sept. 28, 2015),the Delaware Supreme Court held that the doctrine of equitable subrogation (see discussion below) does not apply to a mortgage refinancing absent…

In commercial real estate transactions, lenders commonly require borrowers to organize as bankruptcy remote entities to limit certain risks associated with a borrower’s bankruptcy filing. This article discusses the fundamentals of using a bankruptcy remote entity to purchase and finance commercial real estate and the key considerations for both lenders and borrowers.

Northstar Fin. Advisors, Inc. v. Schwab Invs., No. 11-17187 (9th Cir. filed Sept. 14, 2011), has generated considerable apprehension in the mutual fund industry, particularly with respect to its discussion relating to the ability of mutual fund shareholders to bring direct actions against fund board members and investment advisors. With the U.S. Supreme Court’s recent denial…

Please join Richards Layton directors Doneene Damon and Greg Varallo and counsel Wes Peterson for a discussion of how the recently enacted Delaware Rapid Arbitration Act (DRAA) may provide advantages in securitization transactions implementing arbitration provisions pursuant to Reg A/B II and otherwise. To learn more about the Delaware Rapid Arbitration Act (DRAA), please see our…