Judge Sleet Denies Stay Pending IPR of Cases Beginning Trial in Under One Month

This case involves several consolidated Hatch-Waxman cases filed by AstraZeneca against various defendants. Several of the defendants filed petitions for inter partes review and moved to join them with the petition previously filed by one defendant in June 2015 and instituted in May 2016. The PTAB’s decision on that first IPR must be issued by

Judge Sleet issues post-trial opinion in ANDA litigation, finds claims not invalid for lack of patentable subject matter

In a recent post-trial opinion in this ANDA litigation, Judge Gregory M. Sleet found, inter alia, that (1) all asserted claims of the patents-in-suit are valid; (2) defendant’s proposed products induce infringement of the asserted claims of U.S. Patent No. 8,586,610 (the “’610 Patent”); and (3) defendant’s proposed products do not contributorily infringe the asserted claims the

Judge Sleet grants Section 101 motion

In Videoshare, LLC v. Google, Inc., et al., C.A. No. 13-990-GMS (D. Del. Aug. 2, 2016), Judge Gregory M. Sleet granted Defendants’ Motion for Judgment on the Pleadings based on Section 101. The two patents-in-suit “describe[] a method and system for sharing streaming video over a network,” with one of the patents having an additional

Judge Sleet grants leave to amend to add declaratory judgment counterclaims in ANDA litigation

In a recent Memorandum, Judge Gregory M. Sleet granted defendants’ motion for leave to amend to add declaratory judgment counterclaims for U.S. Patent Nos. 9,295,802 (“the ’802 patent”); 9,265,911 (“the ’911 patent”); and 9,279,794 (“the ’794 patent”) in this ANDA litigation regarding plaintiffs’ product INOmax®. Mallinckrodt Hospital Products IP Ltd., et al. v. Praxair Distribution,

Judge Sleet Finds “Litigation Funding” Documents Privileged

Judge Gregory Sleet recently considered a request to compel the production of “approximately seventy documents disclosed to prospective litigation funding organizations, which [the plaintiff] claims is protected as work product” and which “were prepared by counsel and the inventor . . . for litigation funders in anticipation of and during litigation.” IOENGINE, LLC v. Interactive

Judge Sleet denies motion for leave to amend complaint

In a recent order, Judge Gregory M. Sleet denied a plaintiff’s motion for leave to amend its complaint to allege additional facts relating to two theories of inequitable conduct already in the case.  Gilead Sciences, Inc. v. Abbvie, Inc., C.A. No. 13-2034 (GMS) (D. Del. July 28, 2016).  The plaintiff, Gilead, acknowledged that it sought

Judge Sleet denies motion to transfer to Delaware a related case pending in D. Mass

Plaintiffs sued Merck alleging infringement of their patents covering their “biologic product” “for treatment of certain patients with melanoma or nonsmall-cell lung cancer.”  Bristol-Myers Squibb Co., et al. v. Merck & Co., Inc., et al., No. 14-1131-GMS, No. 15-560-GMS, 15-572-GMS (D. Del. Jul. 13, 2016).  A non-party filed an action in the District of Massachusetts challenging inventorship of

Judge Sleet denies defendants’ motion to amend answer

In a recent Order, Judge Gregory M. Sleet denied defendants’ (“Google”) motion to amend the answer, which sought leave to include an implied license affirmative defense. VideoShare, LLC v. Google, Inc. and YouTube, LLC, C.A. No. 13-990-GMS (D. Del. June 23, 2016). Because Google filed its motion to amend more than two months after the

Judge Sleet Denies Motion to Dismiss or Bifurcate Inequitable Conduct and Antitrust Counterclaims

Judge Sleet recently denied motions to dismiss and bifurcate counterclaims of inequitable conduct and antitrust violations. In response to the plaintiffs’ complaint for patent infringement, the defendant in this case filed an answer that included ten counterclaims. The plaintiff then moved to dismiss or bifurcate counts IX and X of the counterclaims, which were for

Judge Sleet dismisses counterclaims and affirmative defenses with prejudice

In a recent Order, Judge Gregory M. Sleet granted plaintiffs’ motion to dismiss defendants’ counterclaim for invalidity and to strike defendants’ fourth and fifth affirmative defenses with prejudice. Teva Pharmaceuticals USA, Inc. v. Forest Laboratories, Inc., C.A. No. 13-2002-GMS (D. Del. June 16, 2016). Plaintiffs argued that “the court should dismiss the counterclaims and new