Judge Andrews denies request to order defendants to supplement rebuttal contentions due to deficiencies in plaintiff’s contentions

Judge Richard G. Andrews recently considered plaintiff Acceleration Bay LLC’s various discovery motions. Acceleration Bay LLC v. Activision Blizzard, Inc., et al., No. 16-453-RGA, No. 16-454-RGA, No. 16-455-RGA (Sept. 7, 2017). Regarding defendants’ interrogatory responses, Judge Andrews declined to order defendants to supplement specific interrogatories, in part due to plaintiff’s conclusory or vague theories.  ForContinue reading “Judge Andrews denies request to order defendants to supplement rebuttal contentions due to deficiencies in plaintiff’s contentions”

Judge Andrews denies Section 101 motion

In a series of related actions brought by Acceleration Bay LLC, Judge Richard G. Andrews denied Defendants’ motion to dismiss due to allegedly patent-ineligible subject matter of three asserted patents. Acceleration Bay LLC v. Activision Blizzard, Inc., C.A. No. 16-453-RGA (D. Del. Aug. 29, 2017).  The claims at issue related to a “broadcast channel forContinue reading “Judge Andrews denies Section 101 motion”

Judge Sleet denies motion for Rule 54(b) judgment.

Judge Gregory M. Sleet recently denied a motion for a Rule 54(b) judgment following an unopposed motion to dismiss accompanied by a covenant not to sue.  Nespresso USA, Inc. v. Ethical Coffee Co. SA, C.A. No. 16-194 (GMS) (D. Del. Sept. 5, 2017).  Judge Sleet explained that, under Curtis-Wright Corp. v. General Electric Co., 446 U.S.Continue reading “Judge Sleet denies motion for Rule 54(b) judgment.”

Judge Andrews grants summary judgment of non-infringement and invalidity

Judge Richard G. Andrews recently granted summary judgment of non-infringement and invalidity relating to a patent claiming a system for locating and identifying portable devices using ultrasonic base stations.  Centrak, Inc. v. Sonitor Technologies, Inc., C.A. No. 14-183-RGA (D. Del. Aug. 30, 2017).  The plaintiff’s infringement theory was based on the defendant’s “making and using”Continue reading “Judge Andrews grants summary judgment of non-infringement and invalidity”

Judge Fallon Grants-in-Part, Denies-in-Part Cross Motions to Compel

In this litigation involving implantable power-injectable port products, Judge Fallon addressed several motions to compel, primarily brought by the Defendant. Judge Fallon first ruled that Plaintiff Bard need not produce “documentation of Bard’s Vortex power injection testing” because Bard had already produced all documents regarding testing of Vortex port products and the documents sought doContinue reading “Judge Fallon Grants-in-Part, Denies-in-Part Cross Motions to Compel”

Chief Judge Stark rules on summary judgment motions.

Chief Judge Leonard P. Stark recently ruled on summary judgment motions in a series of cases filed by Intellectual Ventures.  Intellectual Ventures I LLC v. T-Mobile USA, Inc., C.A. No. 13-1632-LPS (D. Del. Aug. 23, 2017) (and related cases).  Judge Stark granted a motion by T-Mobile seeking summary judgment that Intellectual Ventures’ patent rights wereContinue reading “Chief Judge Stark rules on summary judgment motions.”

Judge Burke Denies Expedited Discovery in Aid of Not-Yet-Filed Preliminary Injunction Motion

Plaintiff Ethicon filed a motion for limited expedited discovery, stating that it “intends to file a preliminary injunction motion against [defendant] Intuitive’s . . . products, but it first needs a limited set of materials to confirm infringement” by products which are not yet sold publicly, but which Ethicon believed were about to be commerciallyContinue reading “Judge Burke Denies Expedited Discovery in Aid of Not-Yet-Filed Preliminary Injunction Motion”

Judge Andrews grants motion to dismiss relating to re-issued claims

Judge Richard G. Andrews recently granted a motion to dismiss upon consideration of an an affirmative defense under 35 U.S.C. § 252 relating to claims re-issued following inter partes reexamination.  Waters Techs. Corp. v. Aurora SFC Sys. Inc., Civ. No. 11-708-RGA (D. Del. Aug. 21, 2017).  Judge Andrews explained that, as currently plead, “it is not plausibleContinue reading “Judge Andrews grants motion to dismiss relating to re-issued claims”

Judge Andrews denies competitive decisionmaker access under protective order

In Ferring Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 17-435-RGA (D. Del. Aug. 24, 2017), Judge Richard G. Andrews ruled that it would be inappropriate to add a second in-house designee under the protective order to review an ANDA, as well as sensitive financial and economic data of the adverse party.  The would-be secondContinue reading “Judge Andrews denies competitive decisionmaker access under protective order”

Judge Andrews Resolves Daubert and Summary Judgment Motions in Trademark Case

Judge Andrews recently resolved pre-trial motions in this trademark infringement dispute between two cruise lines. In a memorandum opinion filled with nautical analogies and Gilligan’s Island references, Judge Andrews addressed numerous Daubert and summary judgment motions. In addressing Daubert challenges, Judge Andrews generally allowed much of the proffered testimony. His Honor excluded, however, certain portionsContinue reading “Judge Andrews Resolves Daubert and Summary Judgment Motions in Trademark Case”