In Quantum Loyalty Systems, Inc. v. TPG Rewards, Inc., C.A. No. 09-22-SLR-MPT (D. Del. Dec. 22, 2011), Judge Thynge recently considered plaintiff’s request that the court, in addition to damages and willfulness, bifurcate consideration of certain of defendant’s counterclaims. Specifically, plaintiff asked that the court “sever, dismiss, bifurcate or transfer” the following counterclaims because they were unrelated to the factual and legal issues surrounding plaintiff’s claim of infringement of the patent in suit:
– Count II: Declaration of Invalidity and Noninfringement of U.S. Patent No. 7,156,294 (“the ‘294 patent”);
– Count III: Declaration of Invalidity and Noninfringement of U.S. Patent No. 7,066,383 (“the ‘383 patent);
– Count IV: Attempted Monopolization;
– Count V: False Advertising under Section 43(a) of the Lanham Act;
– Count VI: Deceptive Trade Practices under Delaware Law;
– Count VII: Tortious Interference with Prospective Business Relations;
– Count VIII: Breach of Settlement Agreement;
– Count IX: Cybersquatting under the Anticybersquatting Consumer Protection Act (15 U.S.C. § 1125(d)(1));
– Count X: False Designation of Origin under the Lanham Act (15 U.S.C. § 1125(a)); and
– Count XI: Delaware Common Law Unfair Competition.
Id. at 4.