In Sonos, Inc. v. D&M Holdings Inc. d/b/a The D+M Group, et al., C.A. No. 14-1330-WCB (D. Del. Dec. 7, 2017) (Apportionment Order), Judge William C. Bryson denied Plaintiff’s motion for leave to submit a second supplemental report from its damages expert because the supplemental report failed to conduct a proper apportionment analysis. The CourtContinue reading “Judge Bryson makes pre-trial rulings regarding Plaintiff’s damages expert and secondary considerations evidence”
Category Archives: Designated Judges
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 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”
Judge Hillman Grants In Part Motion in Limine
In a recent order, Judge Noel L. Hillman, sitting by designation, ruled on one of defendant Materia’s motions in limine in this long-running litigation. Materia moved to “preclude Evonik from referencing or offering any evidence relating to [a] covenant not to sue or claims already dismissed.” Evonik Degussa GMBH v. Materia, Inc., C.A. No. 09-636Continue reading “Judge Hillman Grants In Part Motion in Limine”
Judge Hillman rules on motions in limine
In three recent Orders, Judge Noel L. Hillman, sitting by designation, ruled on defendant’s (“Materia”) motions in limine. Judge Hillman first denied Materia’s motion in limine regarding plaintiff’s (“Evonik”) expert, ruling that “Evonik’s expert, Dr. Cooper, may be permitted to testify, as may any expert or fact witness from Materia, on the nature and quantity of any inoperableContinue reading “Judge Hillman rules on motions in limine”
Judge Hillman affirms order granting and denying in part motion for sanctions for late document production
In a recent Opinion, Judge Noel L. Hillman, sitting by designation, affirmed the May 20, 2016 Order of Magistrate Judge Joel Schneider, in which he sanctioned defendant for “belatedly producing one particular email and other documents.” Evonik Degussa GmbH v. Materia, Inc., C.A. No. 08-636-NLH-JS (D. Del. Dec. 14, 2016). Judge Schneider found that defendant “should have,Continue reading “Judge Hillman affirms order granting and denying in part motion for sanctions for late document production”
Judge Dyk decides post-trial motions
Following a five-day trial in May 2016 in ART+COM Innovationpool GmbH v. Google Inc., C.A. No. 14-217-TBD (D. Del. Sept. 9, 2016), after which the jury returned a verdict of non-infringement and invalidity of the asserted patent, Judge Timothy B. Dyk, sitting by designation, considered (1) Plaintiff’s motion for relief from judgment under Rule 60(b);Continue reading “Judge Dyk decides post-trial motions”
Judge Hillman dismisses inequitable conduct counterclaims
Judge Noel L. Hillman of the United States District for the District of New Jersey, sitting by designation, recently granted Materia Inc.’s (“Materia”) motion to dismiss Evonik Degussa GmbH’s (“Evonik”) counterclaims for inequitable conduct. Evonik Degussa GmbH v. Materia, Inc., C.A. No. 09-636-NHL/JS (D. Del. Apr. 6, 2016). The Court had previously granted Evonik’s motionContinue reading “Judge Hillman dismisses inequitable conduct counterclaims”
Judge Jordan denies motion for fees
In St. Clair Intellectual Property Consultants, Inc. v. Toshiba Corp., et al., C.A. No. 09-354-KAJ (D. Del. Nov. 23, 2015), Judge Kent A. Jordan denied Defendants’ motion for fees and costs under Section 285 and 28 U.S.C. § 1927. The Court explained that “[w]hile it is true that [Plaintiff] did not present a strong case,Continue reading “Judge Jordan denies motion for fees”