Judge Sleet denies motion for summary judgment based on Section 101

In IOENGINE, LLC v. Interactive Media Corp. d/b/a/ Kanguru Solutions, C.A. No. 14-1571-GMS, Judge Gregory M. Sleet denied Defendant’s motion for summary judgment of invalidity and non-infringement of the independent claims of the patent-in-suit (U.S. Patent No. 8,539,047), based on the contention that the patent was directed to patent-ineligible subject matter. Defendant argued the claims

Judge Sleet denies motion to dismiss for lack of standing

In a recent Memorandum, Judge Gregory M. Sleet denied defendant Imation Corp.’s (“Imation”) motion to dismiss plaintiff IOENGINE, LLC’s (“IOENGINE”) complaint for lack of standing pursuant to Federal Rules of Civil Procedure 12(c) and 12(b)(1). The inventor of the patent-in-suit, United States Patent No. 8,539,047 (“the ’047 patent”), purported to assign the ’047 patent to

Judge Sleet issues claim construction order, finds preamble limiting

Judge Gregory M. Sleet recently issued an Order construing various terms across U.S. Patent Nos. 6,417,175 and 8,247,400. Forest Laboratories, LLC v. Apotex Corp., C.A. No. 15-018-consol. (D. Del. Nov. 8, 2016). Notably, Judge Sleet construed the preamble term “a method for treating a bacterial infection” to be limiting. Id. at 4 n.5. Defendants argued

Judge Sleet grants motion to stay pending IPR in part

In a recent Order, Judge Gregory M. Sleet granted defendants’ motion to stay pending inter partes review and the resolution of defendants’ motion to dismiss in part. Amkor Technology, Inc. v. Synaptics, Inc., et al., C.A. No. 15-910-GMS (D. Del. Oct. 25, 2016). Plaintiff’s complaint pleads thirteen counts, but only Count I asserts patent infringement,

Judge Sleet denies motion to dismiss direct infringement claims, grants motion to dismiss contributory infringement claims

In a recent Memorandum, Judge Gregory M. Sleet denied defendant’s (“HTC”) motion to dismiss plaintiffs’ (“Philips”) direct infringement claims, but granted defendant’s motion to dismiss plaintiffs’ contributory infringement claims. Koninklijke Philips N.V., et al., v. ASUSTek Computer, Inc., et al., C.A. No. 15-1125-GMS (D. Del. Oct. 25, 2016). As to the direct infringement claims, HTC

Judge Sleet Denies Modification of Prosecution Bar Because Requesting Party did not Demonstrate Need for an Exemption for a Particular Attorney or Purpose

In this multidistrict litigation, a protective order was originally entered in a case between Plaintiff Bear Creek Technologies and Defendant Verizon while the Verizon case was pending in the Eastern District of Virginia. The Verizon case was then transferred to the MDL in the District of Delaware after entry of the protective order. The protective

Judge Sleet denies motion to stay pending ex parte reexamination.

Judge Gregory M. Sleet recently denied a motion to stay pending ex parte reexamination in Polar Electro OY v. Suunto OY, et al., C.A. No. 11-1100-GMS (D. Del. Oct. 31, 2016).  Judge Sleet explained that a review of Public Pair indicated that the PTO withdrew previous rejections of the claims subject to the ex parte

Judge Sleet denies Section 101 motion

In JSDQ Mesh Technologies LLC v. Fluidmesh Networks, LLC (f/k/a Fluidmesh Networks, Inc.), C.A. No. 16-212-GMS (D. Del. Sept. 6, 2016), Judge Gregory M. Sleet denied Defendant’s motion to dismiss due to patent ineligible subject matter. The Court did not engage in a detailed Alice inquiry, as the motion was denied based on three threshold

Judge Sleet Finds Conversion from Paragraph IV to Pharagraph III Certification does not Deprive Court of Jurisdiction

Judge Gregory Sleet recently denied a motion to dismiss a Hatch-Waxman case filed by Plaintiff AstraZeneca shortly before the case was to begin trial. Certain defendants in the consolidated cases had converted their Paragraph IV certifications to Paragraph III certifications and filed motions to dismiss arguing that “by converting to a Paragraph III certification, [they

Judge Sleet grants-in-part motion for attorneys’ fees and costs

In In re Rembrandt Technologies, LP Patent Litigation, MDL No. 07-md-1848-GMS (D. Del. Aug. 24, 2016), Judge Gregory M. Sleet considered specific fees and costs requested by all other parties adverse to Rembrandt (“AOPs”), having already determined that the case was exceptional. The Court found the AOPs’ attorney fee rates to be reasonable, noting that