Judge Kearney grants motion to dismiss declaratory judgment action due to failure to join patent owners

Judge Kearney, sitting by designation from the Eastern District of Pennsylvania, recently considered declaratory judgment-defendant Nuseed Americas Inc.’s motion to dismiss for lack of subject matter jurisdiction.  BASF Plant Science LP v. Nuseed Americas Inc., No. 17-421 (D. Del. Aug. 17, 2017).  The motion presented the issue of the scope of authority given to agentsContinue reading “Judge Kearney grants motion to dismiss declaratory judgment action due to failure to join patent owners”

Judge Kearney denies motion to dismiss for failure to state a claim and motion for improper venue

In Prowire LLC v. Apple, Inc., C.A. No. 17-223-MAK (D. Del. Aug. 9, 2017), Judge Mark A. Kearney denied Defendant’s motion to dismiss based on allegedly insufficient allegations of infringement as well as is motion to dismiss for improper venue, where Defendant argued that Plaintiff had not shown it has  “regular and established place ofContinue reading “Judge Kearney denies motion to dismiss for failure to state a claim and motion for improper venue”

Judge Andrews grants summary judgment of non-infringement based on license agreements

In MiiCs & Partners America, Inc., et al. v. Toshiba Corporation, et al., C.A. No. 14-803-RGA (D. Del. Aug. 11, 2017), Judge Richard G. Andrews granted motions for partial summary judgment of non-infringement filed by certain Defendants as well as by intervenor Samsung.  The motions were based on various license agreements.  Having examined their terms,Continue reading “Judge Andrews grants summary judgment of non-infringement based on license agreements”

Judge Fallon denies plaintiff’s motion to compel cross-production of defendants’ licenses

Magistrate Judge Sherry R. Fallon recently considered plaintiff’s motion to compel defendants to cross-produce their Long Term Evolution (“LTE”) Licenses across the six related cases filed by plaintiff.  Evolved Wireless, LLC v. Apple Inc., et al., No. 15-542-SLR-SRF, et al. (D. Del. July 26, 2017).  The protective order in these cases permitted cross-production of defendants’Continue reading “Judge Fallon denies plaintiff’s motion to compel cross-production of defendants’ licenses”

Judge Hillman grants Motion for Permanent Injunction

Judge Hillman, sitting by designation, recently considered plaintiff Evonik Degussa GmbH’s motion for permanent injunction filed following a jury trial after which the jury found in favor of Evonik and awarded damages for past infringement.  Evonik Degussa GmbH v. Materia, Inc., No. 09-636-NLH-JS (Aug. 9, 2017).  Judge Hillman found that, on balance, the four eBay factors supportedContinue reading “Judge Hillman grants Motion for Permanent Injunction”

Chief Judge Stark decides motions in limine in advance of Princeton Digital trial

Chief Judge Leonard P. Stark recently considered the parties’ motions in limine  in advance of the trial between Princeton Digital  Image Corporation and intervenor Adobe Systems Inc.  Princeton Digital Image Corproation v. Office Depot Inc., et al., No. 13-239-LPS (August 9, 2017).  For example, Judge Stark denied Adobe’s MIL to preclude a Princeton witness from testifyingContinue reading “Chief Judge Stark decides motions in limine in advance of Princeton Digital trial”

Judge Andrews Dismisses Claims of Pre-Suit Indirect and Willful Infringement

Judge Andrews recently granted in part a motion to dismiss infringement claims pursuant to Rule 12(b)(6). The Court first dismissed counts alleging induced, contributory, and willful infringement due to insufficient allegations of pre-suit knowledge. Judge Andrews explained, “Plaintiff’s allegations center on Defendants’ alleged knowledge of applications for different patents in the same family as theContinue reading “Judge Andrews Dismisses Claims of Pre-Suit Indirect and Willful Infringement”

Judge Thynge grants motion to correct inventorship and denies motion for attorneys’ fees

In Magnetar Technologies Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-LPS-MPT (D. Del. Aug. 2, 2017), Chief Magistrate Judge Mary Pat Thynge recommended the grant of Plaintiffs’ motion to correct inventorship, under Section 256, that was filed after the Court had ruled that the patents-in-suit were invalid, in partContinue reading “Judge Thynge grants motion to correct inventorship and denies motion for attorneys’ fees”

Judge Andrews denies request to renew motion to dismiss for lack of venue.

Judge Richard G. Andrews recently denied a defendant’s request to renew its venue-based motion to dismiss.  Invidior Inc. v. Mylan Tech., No. 15-1016 (RGA) (D. Del. July 28, 2017).  Quoting Davis v. Smith, 253 F.2d 286, 288 (3d Cir. 1958), the Court explained, “[a] litigant waives its right to contest venue when ‘the litigant performs some actContinue reading “Judge Andrews denies request to renew motion to dismiss for lack of venue.”

Judge Sleet grants § 101 motion relating to chat room matchmaking

Judge Gregory M. Sleet recently found that four patents relating to the matchmaking of participants in internet chat rooms claimed unpatentable subject matter under § 101.  Jedi Techs., Inc. v. Spark Networks, Inc., et al., C.A. No. 16-1055-GMS (D. Del. Aug. 3, 2017).  The Court found that the lead patent rested upon “the notion of humanContinue reading “Judge Sleet grants § 101 motion relating to chat room matchmaking”