Judge Burke issues Order regarding source code and other discovery disputes

In a recent Order, Magistrate Judge Christopher J. Burke resolved the parties’ various source code and other discovery disputes. International Business Machines Corporation v. The Priceline Group Inc., C.A. No. 15-147-LPS-CJB (D. Del. Sept. 29, 2016). First, Judge Burke granted in part plaintiff’s request that defendants be required to supplement responses to certain interrogatories in

Judge Burke recommends grant of motion to dismiss co-plaintiff

In Contour IP Holding, LLC, et al. v. GoPro, Inc., C.A. No. 15-1108-LPS-CJB (D. Del. Sept. 16, 2016), Magistrate Judge Christopher J. Burke recommended granting Plaintiffs Contour IP Holding and iON Worldwide, Inc.’s motion to dismiss iON from the lawsuit with prejudice, due to the fact that iON was not a necessary party and lacks

Judge Burke denies motion to compel core technical documents

In a recent Memorandum Order, Magistrate Judge Christopher J. Burke denied plaintiff’s motion to compel, pursuant Fed. R. Civ. P. 34(a), defendant Konami Digital Entertainment Inc. (“Konami US”) to produce core technical documents regarding certain accused products that are in the possession of Konami US’s foreign affiliate. Princeton Digital Image Corp. v. Konami Digital Entertainment,

Judge Burke grants defendants’ request ordering plaintiff to serve supplemental infringement contentions

Magistrate Judge Christopher J. Burke recently considered the parties’ discovery disputes in Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., et al., No 12-1461-LPS-CJB (D. Del. Aug. 4, 2016).  Among other things, Judge Burke granted defendants’ request regarding plaintiff’s infringement contentions.  In particular, Judge Burke ordered plaintiff to serve claim charts for “accused mobile

Judge Burke grants motion to stay pending inter partes review filed by GoPro, Inc.

Plaintiffs Contour IP Holding, LLC and Ion Worldwide, Inc. filed this action alleging infringement of their patents relating to “a wearable digital video camera equipped with a wireless connection protocol and having the capability to provide remote image acquisition control and viewing.”  Contour IP Holding, LLC, et al. v. GoPro, Inc., No. 15-1108-LPS-CJB (D. Del.

Magistrate Judge Burke issues report and recommendation on motion to dismiss induced infringement claims

Magistrate Judge Christopher J. Burke recently issued a report and recommendation on a motion to dismiss allegations of induced infringement made in a second amended complaint.  GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-878-LPS-CJB (D. Del. July 20, 2016).  At issue were allegations that a generic manufacturer induced infringement by (1) “promot[ing] on

Judge Burke recommends dismissing claims for indirect and willful infringement, recommends granting leave to amend complaint

In a recent Report and Recommendation, Magistrate Judge Christopher J. Burke recommended granting defendants’ motions to dismiss certain of plaintiff’s claims pursuant to Rule 12(b)(6). Varian Medical System, Inc. v. Elekta AB, et al., C.A. No. 15-871-LPS (D. Del. Jul. 12, 2016). One group of defendants (the “U.S. Defendants”) sought dismissal of plaintiff’s claims for induced,

Judge Burke recommends dismissal of action for lack of subject matter jurisdiction

In a recent Report and Recommendation, Magistrate Judge Christopher J. Burke recommended that the court grant defendant’s (“Gilead”) motion to dismiss for lack of subject matter jurisdiction. Idenix Pharmaceuticals LLC, et al. v. Gilead Pharmasset LLC, C.A. No. 15-416-LPS-CJB (D. Del. Jul. 5, 2016). Plaintiffs (“Idenix”) filed this action pursuant to 35 U.S.C. § 146,

Judge Burke denies renewed motion to stay

In Toshiba Samsung Storage Technology Korea Corporation v. LG Electronics, Inc., et al., C.A. No. 15-691-LPS (D. Del. June 17, 2016), Magistrate Judge Christopher J. Burke denied Defendants’ renewed motion to stay the case. The renewed motion sought to stay only the remaining portion of the case that had not already been stayed by prior

Judge Burke denies motion to transfer to the Northern District of Georgia

In a recent Memorandum Order, Magistrate Judge Christopher J. Burke denied defendants Elekta Holdings U.S., Inc. (“Elekta Holdings”) and defendant Elekta Inc.’s motion to transfer venue to the United States District Court for the Northern District of Georgia. Varian Medical Systems, Inc. v. Elekta AB, et al., C.A. No. 15-871-LPS-CJB (D. Del. June 8, 2016).