Judge Andrews denies motion to strike “excessive” briefing on Daubert issues

Judge Andrews recently issued an order denying defendant’s motion to strike 60 pages of briefing on three Daubert motions.  B. Braun Melsungen AG v. Becton, Dickinson and Company, No. 16-411-RGA (D. Del. Dec. 5, 2017).  Judge Andrews denied the motion because, even though he wished “Plaintiffs had exercised some judgment about which Daubert issues wereContinue reading “Judge Andrews denies motion to strike “excessive” briefing on Daubert issues”

Judge Andrews grants summary judgment of non-infringement after requesting supplemental claim construction briefing

In a recent memorandum order, Judge Richard G. Andrews granted a motion for summary judgment after requesting at oral argument supplemental briefing on the proper construction of one claim limitation.  MiiCs & Partners, Inc. v. Funai Electric Co., Ltd., C.A. No. 14-804-RGA (D. Del. Dec. 1, 2017).  Judge Andrews explained that the parties’ briefing madeContinue reading “Judge Andrews grants summary judgment of non-infringement after requesting supplemental claim construction briefing”

Judge Thynge Considers Rule 12 Motion for Infringement Case Based on 3G Standards

Chief Magistrate Judge Thynge recently issued a report and recommendation finding that a defendant’s Rule 12(b)(6) motion to dismiss should be granted. Judge Thynge first found that she need not take judicial notice of certain exhibits supplied by the defendant. The exhibits, copies of 3G cellular specifications, were relied on by the Plaintiff’s complaint, whichContinue reading “Judge Thynge Considers Rule 12 Motion for Infringement Case Based on 3G Standards”

Judge Andrews denies motion to dismiss under 35 U.S.C. § 101 without prejudice to renew at summary judgment stage

Judge Richard G. Andrews recently denied without prejudice a motion to dismiss for lack of patentable subject matter under 35 U.S.C. § 101.  Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., No. 17-275-RGA (D. Del. Nov. 9, 2017).  Judge Andrews decided that, while it may be appropriate in some circumstances to decide such aContinue reading “Judge Andrews denies motion to dismiss under 35 U.S.C. § 101 without prejudice to renew at summary judgment stage”

Judge Fallon resolves protective order disputes regarding source code

In Fraunhofer-Gesellschaft Zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., C.A. No. 17-184-JFB-SRF (D. Del. Oct. 13, 2017), Magistrate Judge Sherry R. Fallon issued a Memorandum Order resolving the parties’ disputes regarding the terms of a protective order relating to source code.  The Court first ruled that Defendant’s definition of source codeContinue reading “Judge Fallon resolves protective order disputes regarding source code”

Judge Thynge recommends denial of motion to dismiss due to lack of case or controversy

In the declaratory judgment action Tabletop Media, LLC v. AMI Entertainment Network, LLC, C.A. No. 16-1121-RGA-MPT (D. Del. Oct. 10, 2017), Chief Magistrate Judge Mary Pat Thynge recommended that Defendant’s motion to dismiss for lack of subject matter jurisdiction, due to a lack of case or controversy, be denied.  The Court pointed to the followingContinue reading “Judge Thynge recommends denial of motion to dismiss due to lack of case or controversy”

Judge Burke Addresses Motion to Compel Responses to Requests for Admission

Magistrate Judge Burke recently issued an interesting memorandum order addressing requests for admission and the parties’ disputed objections to those requests. Judge Burke first addressed several RFAs seeking “admissions regarding features of certain chemical structures from the prior art, namely whether those structures read on certain limitations found in the claims at issue.” Integra LifesciencesContinue reading “Judge Burke Addresses Motion to Compel Responses to Requests for Admission”

The State of “Regular and Established Place of Business” in the District of Delaware

TC Heartland LLC v. Kraft Food Group Brands LLC has created more questions about venue than it answered (although it obviously answered a very important one), and one significant new question is, what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Chief Judge Stark recently attempted to answer that questionContinue reading “The State of “Regular and Established Place of Business” in the District of Delaware”

Judge Andrews considers post-trial motions

Following a jury trial in E.I. Dupont de Nemours and Company v. Unifrax I LLC, C.A. No. 14-1250-RGA, in which Defendant’s product was found to infringe the asserted patent, Judge Richard G. Andrews ruled on: (1) Defendant’s renewed motions for judgment as a matter of law and request for a new trial; and (2) Plaintiff’sContinue reading “Judge Andrews considers post-trial motions”

Magistrate Judge Burke denies motion to stay pending resolution of IPR

Magistrate Judge Christopher J. Burke recently denied a motion to stay pending the resolution of inter partes review of certain claims of one patent-in-suit.  Triplay, Inc. v. WhatsApp Inc., C.A. No. 13-1703-LPS-CJB (D. Del. Sept. 18, 2017).  Judge Burke explained that the IPR, including any appeals, would likely be resolved before any significant events were were likelyContinue reading “Magistrate Judge Burke denies motion to stay pending resolution of IPR”