Recent Articles

Summary judgment rulings issue in cable case

August 31, 2010 20:06

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63a-SLR, August 24, 2010. Robinson, J.  Plaintiff’s motion for summary judgment of no invalidity for anticipation is granted as to one patent and denied as to the remaining patents. ...

Plaintiff's ยง292 claims are dismissed

August 30, 2010 21:51

Jennifer Brinkmeier v. Bic Corporation and Bic USA Inc., Civ. No.09-860-SLR, August 25, 2010; Jennifer Brinkmeier v. Bayer Healthcare LLC, Civ. No. 10-01-SLR, August 25, 2010. Robinson, J.  Defendants’ motions to dismiss the complaint are granted.Plaintiff seeks a declaratory...

Court lacks jurisdiction on one patent due to covenant not to sue; claim construction issues for remaining patents

August 30, 2010 20:18

Belden Technologies Inc., et al. v. Superior Essex Communications LP, et al., Civ. No.08-63-SLR, August 24, 2010. Robinson, J.  The Court issues a Markman decision on 14 terms for 6 of the 7 patents in suit.The Court issues claims construction of 14 terms for six of the seven...

Defendants' bid for inadvertently produced privileged documents fails

August 24, 2010 22:10

Allergan Inc. v. Barr Laboratories Inc.,, et al., Civ. No.09-333-SLR-LPS, August 18, 2010. Stark, J.  After submissions and a discovery teleconference, the court rules on defendants’ motion to compel privileged documents.The attorney-client privilege has not been waived through an...

Indirect infringement claims are dismissed with leave to amend

August 24, 2010 21:29

Xpoint Technologies, Inc. v. Microsoft Corporation, et al., Civ. No.09-628-SLR, August 12, 2010. Robinson, J.  Defendants’ motion to dismiss for failure to state a claim are granted in part and denied in part. The indirect infringement claims are dismissed, but the direct...

Permanent injunction denied after infringement finding

August 23, 2010 22:04

Alcon, Inc. and Alcon Research, LTD. v. Teva Pharmaceuticals USA, Inc., Civ. No.06-234-SLR, August 5, 2010. Robinson, J.  Plaintiff’s motion to amend judgment to enter permanent injunction is denied.A topical ophthalmic solution comprised of moxifloxacin hydrochloride is the subject...

Default in appearance is set aside and default judgment is refused

August 23, 2010 21:25

Girafa.com, Inc. v. Smartdevil Inc., Civ. No.07-787-SLR, August 4, 2010. Robinson, J.  Defendant’s motion to set aside the entry of default in appearance is granted, and plaintiff’s motion for entry of default judgment is denied conditionally.Defendant, a Canadian entity,...

JMOL granted on certain infringement and validity claims

August 09, 2010 19:47

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems, Inc., Civil Action No.07-170-JJF, July 30, 2010. Farnan, J.  Defendant's JMOL of no direct infringement on all claims is denied; defendant's JMOL of no indirect infringement of the ‘776 patent is granted; defendant's JMOL of no...

Stark confirmed as Delaware District Court Judge

August 06, 2010 19:47

Yesterday Magistrate Judge Leonard Stark was confirmed by the Senate to fill the vacancy in the Delaware District Court left three and a half years ago when Judge Jordan was elevated to the Third Circuit. The White House has not yet nominated the successor to fill the vacancy due to Judge Farnan's...

Summary judgment is denied in polymer case

August 04, 2010 23:57

The Dow Chemical Company v. Nova Chemicals Corporation, et al., Civil Action No.05-737b-JJF, July 30, 2010. Farnan, J.  Defendants’ motion for summary judgment of invalidity is denied; plaintiff’s motion for summary judgment that patent claims are not invalid for lack of written...