Delaware Patent Litigation Report
The Delaware Patent Litigation Report is authored by attorneys at Morris James LLP in Wilmington, Delaware. The attorneys write summaries and opinion on prominent patent-related cases.
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Recent Articles
Plaintiff's construction of two disputed terms is rejected
Genetics Institute, LLC (claim construction) v. Novartis Vaccines and Diagnostics, Incl., Civ. No.08-290-SLR, February 24, 2010. Robinson, J. The Court issues a claims construction for two disputed terms following a Markman Hearing.The Court rejects plaintiff’s construction of two...
Complaint must be amended or face dismissal
Eidos Communications, et al. v. Skype Technologies SA, et al., Civ. No.09-234-SLR, February 24, 2010. Robinson J. Defendant’s motion to dismiss for failure to state a claim or, in the alternative, for a more definite statement is granted in part.The patents are all directed to methods...
JMOL as to adequate written description and no anticipation is granted
Cordance Corporation v. Amazon.com Inc. and Amazon Web Services, LLC, Civil Action No.06-491-MPT, February 22, 2010. Thynge, M. J. Plaintiff’s Motion for Judgment as a Matter of Law or, in the Alternative, for a New Trial is granted in part, denied in part, and dismissed as moot in...
Patent law expert may see confidential information
B. Braun Melsungen AG, et al. v. Terumo Medical Corporation, et al., C. A. No.09-347-JJF-LPS, February 25, 2010 (ORDER). Stark, M. J. Plaintiff’s objections to Defendant’s request to share Plaintiff’s confidential information with its patent law expert are...
Unfair competition claims are sufficiently pled
Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., C.A. No.09-598-JJF, February 16, 2010. Farnan, J. Defendants’ motion to dismiss pursuant to 12(b)(6) and 9 (b) is denied.Defendants move to dismiss Plaintiffs’ claims for unfair competition under...
Failure to plead false marking claims results in partial dismissal
Jennifer L. Brinkmeier v. Graco Children’s Products Inc., C.A. No.09-262-JJF, February 16, 2010. Farnan, J. Defendant's Motion To Dismiss is granted in part and denied in part. Plaintiff’s Motion For Leave To File Amended Complaint is granted.Defendant is a children’s...
Privilege claim is upheld, but privilege log supplementation is required
Webxchange Inc. v. Dell Inc., C.A. No.08-132-JJF, February 16, 2010. Farnan, J. Defendants’ motion to compel withheld documents is granted in part and denied in part.Defendants contend that Plaintiff improperly withheld and redacted documents based upon the attorney client privilege, work...
LGD is found to infringe and induce infringement of valid patents
LG Display Co. Ltd. v. AU Optronics Corporation, et al., C.A. Nos.06-726-JJF, 07-357-JJF, February 16, 2010. Farnan, J. Following Phase I of a bifurcated bench trial, the court finds that LGD literally infringes the asserted claim in the patents-in-suit and that the patents have not been...
Court stays the course on briefing issue
St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD., et al., Civil Action No.04-1436-LPS, February 4, 2010. Stark, M. J. Defendants' Motion for Reconsideration of December 28, 2009 Order Staying Briefing on Defendants' Motion to Stay and Motion to Certify is...
Court upholds noninfringement verdict, grants JMOL as to invalidity
Inline Connection Corporation, et al. v. Earthlink, Inc., C. A. No.02-272-MPT; C.A. No. 02-477-MPT, February 5, 2010. Thynge, M. J. Plaintiff’s motion for judgment as a matter of law as to invalidity is granted but is denied as to noninfringement. Plaintiff’s motion for a new...

