Judge Jones denies request to postpone inequitable conduct trial

In Transcend Medical, Inc. v. Glaukos Corp., C.A. No. 13-380 (D. Del. Oct. 9, 2015), Judge C. Darnell Jones, II, writing for Judge Mitchell S. Goldberg, denied Glaukos’ (declaratory judgment-defendant) request to postpone the inequitable conduct trial schedule for November 2, 2015. As Judge Jones explained, the court previously granted Transcend’s (declaratory judgment-plaintiff) motion for

Judge Goldberg finds Glaukos Corporation’s patent claims invalid as indefinite

Judge Goldberg recently granted-in-part declaratory judgment-plaintiff Transcend Medical, Inc.’s motion for summary judgment of invalidity finding the claim term “choroid” invalid as indefinite.  Transcend Medical, Inc. v. Glaukos Corporation, C.A. No. 13-830 (D. Del. Sept. 18, 2015).  The indefinite term was found in claims of all patents-in-suit–U.S. Patent Nos. 7,857,782, 8,075,511, and 8,579,846.  The parties agreed that the

Judge Bumb considers Section 285 fee award

In Bayer Cropscience AG, et al. v. Dow Agrosciences LLC, C.A. No. 12-256-RMG-JS (D. Del. June 18, 2015), Judge Renée Marie Bumb, sitting by designation, made determinations, based on Defendant’s attorney’s “almost entirely unredacted” billing statements, of fees to be charged against Plaintiffs to Defendant under 35 U.S.C. § 285.  Defendant requested over $6 million in fees.  Plaintiffs

Magistrate Judge Schneider recommends finding of exceptional case and award of fees.

Magistrate Judge Joel Schneider of the District of New Jersey, sitting by designation and referral, recently recommended that a defendant who was granted summary judgment of noninfringement based on a sublicense be awarded a “substantial sum” – more than $5,462,889 – in attorneys’ fees under 35 U.S.C. § 285.  Bayer CropScience AG v. Dow Agrosciences

Judge Goldberg denies plaintiff’s request to modify prosecution bar to permit attorney and expert participation in PTO proceedings

Judge Mitchell S. Goldberg, sitting by designation from the Eastern District of Pennsylvania, recently denied plaintiff Transcend Medical, Inc.’s request to modify the stipulated Protective Order governing the exchange of confidential information in this case “to allow one attorney and one expert from each side to participate in certain Patent and Trademark Office (‘PTO’) proceedings or similar

Judge Hillman considers whether defendant is precluded from litigating issued based on interference proceeding

In Evonik Degussa GmbH v. Materia Inc., C.A. No. 09-636-NLH/JS (D. Del. June 30, 2014), Judge Noel L. Hillman, sitting by designation, considered plaintiff’s motion for partial summary judgment, arguing that defendant was precluded from raising claims or defenses in this case that had been previously litigated and decided in an interference proceeding before the

Judge Bumb grants Mylan’s motion to enforce settlement agreement and Rule 60(b) motion for relief from the Court’s post-trial opinion and order entered in plaintiff’s favor

Judge Renée Marie Bumb, sitting by designation, recently considered Mylan Rule 60(b) motion and motion to enforce a settlement agreement with Endo, reached minutes before the Court issued its post-trial opinion in favor of Endo. Endo Pharms. Inc. v. Mylan Pharms Inc., C.A. No. 11-717-RMB (D. Del. Apr. 8, 2014 – unsealed June 2, 2014).

Judge Goldberg grants motion to transfer to Northern District of California

In Moneycat Ltd. v. PayPayl Inc., C.A. No. 13-1358-MSG (D. Del. May 15, 2014), Judge Mitchell S. Goldberg, sitting by designation, granted defendant’s motion to transfer to the Northern District of California. As a threshold matter, Judge Goldberg addressed whether the motion was timely. Plaintiff argued it was not because Judge Goldberg’s “Policies and Procedures

Magistrate Judge Joel Schneider denies defendant’s request to disqualify plaintiff’s expert for previously working with defense counsel

Magistrate Judge Joel Schneider, sitting by designation, recently denied defendant Materia, Inc.’s motion to disqualify plaintiff Evonik Degussa DmbH’s expert on inequitable conduct issues. Evonik Degussa DmbH v. Materia, Inc., et al., C.A. No. 09-636-NLH-JS (D. Del. Apr. 2, 2014). Materia argued that disqualification was proper because its co-defense counsel, Nixon Peabody, retained the expert

Judge Bumb issues post-trial decision finding infringement of one valid patent.

In a recent post-trial decision, Judge Renee Marie Bumb of the District of New Jersey, sitting by designation, considered the validity of Endo’s patented drug for the treatment of migraines. Endo Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., Civ. No. 11-717 (RMB/KW) (D. Del. Jan. 28, 2014). Mylan previously had conceded that it infringed under the