Judge Sleet denies motion for Rule 54(b) judgment.

Judge Gregory M. Sleet recently denied a motion for a Rule 54(b) judgment following an unopposed motion to dismiss accompanied by a covenant not to sue.  Nespresso USA, Inc. v. Ethical Coffee Co. SA, C.A. No. 16-194 (GMS) (D. Del. Sept. 5, 2017).  Judge Sleet explained that, under Curtis-Wright Corp. v. General Electric Co., 446 U.S.

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 human

Judge Sleet grants motion to dismiss counterclaim for lack of personal jurisidiction

Nespresso USA file a declaratory judgment complaint against Ethical Coffee Company requesting judgment that Nespresso does not infringement ECC’s patent.  Nespresso USA, Inc. v. Ethical Coffee Company SA, No. 16-194-GMS (D. Del. July 13, 2017).  In response, ECC filed a counterclaim against Nespresso, as well as three additional defendants which are Switzerland corporations.  The Swiss Defendants moved to dismiss

Senior Judge Sleet Grants-in-Part Motion to Dismiss for Lack of Patentable Subject Matter

Senior District Judge Sleet recently considered a motion to dismiss on Section 101 grounds that challenged a patent claiming “a computer implemented method of displaying search results.” As an initial matter, Judge Sleet found that it was appropriate to consider Section 101 arguments at the pleadings stage because the plaintiff “failed to identify any specific

Judge Sleet grants motion to transfer case to the Central District of California

Judge Gregory M. Sleet recently transferred a case to the Central District of California, finding that all but two Jumara factors weighed in favor of transfer.  Blackbird Tech LLC v. TuffStuff Fitness, International, Inc., C.A. No. 16-733-GMS (D. Del. Apr. 27, 2017).  Judge Sleet explained that the plaintiff’s forum choice weighed in favor of maintaining the litigation

Judge Sleet to Take Senior Status as of May 1, 2017

The United States District Court for the District of Delaware announced today that the Honorable Gregory M. Sleet will become a Senior United States District Court Judge as of May 1, 2017, and intends to render substantial judicial service in that role going forward. The Court’s official announcement regarding Judge Sleet can be viewed HERE.

Judge Sleet rules on motion to dismiss

Judge Sleet recently ruled on a motion to dismiss direct and indirect infringement claims in a case involving VoIP technology.  IP Communication Solutions, LLC v. Viber Media (USA) Inc., C.A. No. 16-134-GMS (D. Del. Apr. 5, 2017).  The defendant argued that the allegations of direct infringement failed to adequately put it on notice of what

Judge Sleet denies motion to stay pending inter partes review

Judge Gregory M. Sleet recently considered defendants’ motion to stay pending inter partes review of six of the eleven patents-in-suit.  Koninklijke Philips N.V., et al. v. ASUSTek Computer Inc., et al., Nos. 15-1125-GMS, 15-1126-GMS, 15-1127-GMS, 15-1128-GMS, 15-1130-GMS, 15-1131-GMS, 15-1170-GMS (D. Del. Mar. 30, 2017).  Judge Sleet denied the motion without prejudice to renew upon institution of

Judge Sleet denies motion to stay pending inter partes review

Judge Gregory M. Sleet recently considered defendants’ motion to stay pending inter partes review of one patent in suit.  f’Real Foods, LLC v. Hamilton Beach Brands, Inc., No. 16-41-GMS (D. Del. Mar. 9, 2017).  Judge Sleet denied the motion, finding that the plaintiff would suffer undue prejudice and because the litigation at issue “will be

Judge Sleet grants summary judgment motion of no infringement

Judge Gregory M. Sleet, recently granted defendants’ motion for summary judgment of non-infringement based on upon the Court’s construction of the limitation “changing [price] information.”  Quest Licensing Corporation v. Bloomberg L.P., No. 14-561-GMS (D. Del. Jan. 19, 2017).  Defendants argued that summary judgment was appropriate because “defendants’ accused systems do not receive or supply ‘only