Judge Burke denies plaintiffs’ motion for leave to file amended complaint

In a recent Memorandum Order, Magistrate Judge Christopher J. Burke denied plaintiffs’ (“Integra”) motion for leave to file an amended complaint, concluding that “to grant the Motion would cause substantial and undue prejudice to Defendant.” Integra LifeSciences Corp. v. Hyperbranch Medical Technology, Inc., C.A. No. 15-819-LPS-CJB (D. Del. Feb. 16, 2017). First, Judge Burke observed

Magistrate Judge Burke issues recommendation on motion to dismiss counterclaims.

Magistrate Judge Christopher J. Burke recently recommended granting-in-part and denying-in-part a motion to dismiss invalidity and non-infringement counterclaims.  Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., C.A. No. 12-1461-LPS-CJB (D. Del. Jan. 19, 2017).  Judge Burke recommended denial of the motion to dismiss the invalidity counterclaim based on a theory of estoppel resulting from

Judge Burke recommends denial of motion to amend answer filed eight months after the deadline to amend pleadings

Magistrate Judge Christopher J. Burke recently issued a Report and Recommendation recommending denial of defendant Glenmark’s motion for leave to amend its Answer to plead equitable estoppel and laches.  GlaxoSmithKline LLC and Glenmark Pharmaceuticals Inc., USA, No. 14-877-LPS-CJB (D. Del. Dec. 15, 2016).  Glenmark filed its motion about eight months after the deadline to amend

Magistrate Judge Burke Recommends Granting-in-Part, Denying-in-Part Motion to Dismiss for Lack of Subject Matter Jurisdiction

Magistrate Judge Christopher Burke recently considered a motion to dismiss this patent-infringement action for lack of subject matter jurisdiction, granting-in-part as to one of plaintiff Adidas’ counts, but denying-in-part as to other portions of the complaint. In an earlier action, Unequal Technologies sued Reebok, which is wholly owned by Adidas AG. The earlier suit ended

Magistrate Judge Burke Construes Terms of Virtual Reality Patent, Finds Claims Not Indefinite

Magistrate Judge Burke’s Markman report and recommendation in this case is interesting for a few reasons. Procedurally, it followed argument at two separate Markman hearings, one early in the case before a stay pending IPR, and a second hearing following an IPR decision invalidating all claims at issue in the IPR and addressing only the

Magistrate Judge Burke recommends granting defendant group’s motion to dismiss for failure to make defendant-specific allegations of infringement

Magistrate Judge Christopher J. Burke recently recommended that a motion to dismiss filed by Toshiba entities be granted because the complaint against them failed to distinguish between the entities and thereby failed to plausibly allege direct infringement against any one of them.  North Star Innovations, Inc. v. Toshiba Corp., et al., C.A. 16-115-LPS-CJB (D. Del. Dec.

Magistrate Judge Burke recommends denial of § 101 motions relating to cloud computing environment.

Magistrate Judge Christopher J. Burke recently recommended the denial of § 101 motions relating to cloud computing environment technology.   Kaavo Inc. v. Amazon.com Inc., et al., C.A. No. 15-638-LPS-CJB (D. Del. Nov. 3, 2016); Kaavo Inc. V. Tier 3, Inc., et al., C.A. No. 15-640-LPS-CJB (D. Del. Nov. 3, 2016).  For purposes of its analysis, the

Judge Burke recommends dismissing Princeton Digital’s claims for indirect and willful infringement

Magistrate Judge Christopher J. Burke recently considered defendants Ubisoft Entertainment SA and Ubisoft Inc.’s motion to dismiss plaintiff Princeton Digital Image Corp.’s claims in its Third Amended Complaint for indirect and willful infringement of U.S. Patent No. 5,513,129.  Princeton Digital Image Corp. v. Ubisoft Entm’t SA, No. 13-335-LPS-CJB (D. Del. Nov. 4, 2016).  Regarding indirect

Judge Burke denies motion to dismiss due to lack of standing

In Toshiba Samsung Storage Technology Korea Corporation v. LG Electronics, Inc., et al., C.A. No. 15-691-LPS-CJB (D. Del. Sept. 20, 2016) (unsealed Sept. 28, 2016) Magistrate Judge Christopher J. Burke denied Defendants’ motion to dismiss due to lack of standing. The parties had consented to Judge Burke conducting any and all proceedings and entering a

Magistrate Judge Burke Declines to Disqualify Plaintiff’s Counsel in Patent Infringement Action

Magistrate Judge Burke denied a motion to disqualify Plaintiff’s counsel, who had previously represented the Defendant from 2008 to 2014 as trademark counsel. There was no dispute that the firm representing the Plaintiff had previously done substantial legal work for the Defendant through a handful of attorneys that had long represented the Defendant in trademark