Judge Sleet Applies AstraZeneca Personal Jurisdiction Decision to Defendant Seeking Dismissal

Judge Sleet’s recent decision in Millenium Pharmaceuticals v. Pharmascience extended the Federal Circuit’s AstraZeneca decision regarding personal jurisdiction in Hatch-Waxman cases, rejecting an argument that AstraZeneca did not apply to certain ANDA applicants without other contacts with Delaware. PSI, one of the two defendants in the case, asserted that “unlike Mylan [in the Federal Circuit’s

Judge Sleet denies motion to dismiss and for a more definite statement

In IControl Networks, Inc. v. Zonoff Inc., C.A. No. 15-1109-GMS (D. Del. June 6, 2016), defendant filed a motion to dismiss, contending that plaintiff’s complaint had failed to plausibly state a claim for willful infringement. The Court rejected this argument, noting that plaintiff’s “reliance upon ‘information and belief’ in its pleadings is not deficient given

Judge Sleet’s Claim Construction of Patents Covering Treatment of Cancer

Judge Sleet’s recent order construing terms of patents in suit in this case between Bristol-Myers Squibb and Merck & Co. includes an interesting discussion of a limiting claim preamble. As Judge Sleet explained, the “parties’ dispute focuses primarily on whether a limitation should be incorporated in the terms that indicates the goal of the treatment”

Judge Sleet find case exceptional and awards attorneys’ fees

In Inventor Holdings, LLC v. Bed Bath & Beyond Inc., C.A. No. 14-448-GMS (D. Del. May 31, 2016), Judge Gregory M. Sleet considered defendant’s motion for attorneys’ and experts’ fees and costs pursuant to Section 285. The case had been dismissed based on defendant’s Section 101 motion based on the Alice test. The court granted

Judge Sleet finds patent is not obvious following ANDA trial

In the post-trial opinion in Genzyme Corporation, et al. v. Dr. Reddy’s Laboratories, et al., C.A. No. 13-1506-GMS (Cons.) (D. Del. May 11, 2016), Judge Gregory M. Sleet found that the single asserted claim of the patent-in-suit was not obvious. Plaintiffs’ brand drug “is an accepted standard of care for a patient who fails to

Judge Sleet Denies Motion to Dismiss Under Section 101

Defendant Merck filed a motion to dismiss BMS’s claims under U.S. Patent No. 9,069,999 due to lack of patentable subject matter under Section 101, arguing that the patent claims “the natural operation of the body’s immune system via the PD-1 pathway” and does not contain an inventive concept sufficient to render that natural phenomenon patent-eligible.

Judge Sleet denies motion to lift stay

In a series of related actions, Judge Gregory M. Sleet denied the plaintiff’s motion to lift a stay that had been implemented pending inter parties review, where now the PTAB had issued final decisions that were pending appeal to the Federal Circuit. E.g., Safe Storage LLC v. Dell Inc., C.A. No. 12-1624-GMS (D. Del. Mar.

Judge Sleet construes claim term after dispute raised mid-trial as to meaning of term

Judge Gregory M. Sleet recently construed the claim term “physiologically required amounts” following a four-day bench trial on infringement of plaintiff’s U.S. Patent No. 5,989,581.  Merck Sharp & Dohme B.V. v. Warner Chilcott Company, LLC, C.A. No. 13-2088-GMS (D. Del. Feb. 25, 2016).  During the trial, Judge Sleet determined that the parties disputed the meaning

Judge Sleet construes method claims to not require recited order of steps

In Videoshare, LLC v. Google Inc., C.A. No. 13-990-GMS; v. Vimeo, LLC, C.A. No. 13-992-GMS (D. Del. Jan. 6, 2016), Judge Gregory M. Sleet’s claim construction order included consideration of whether the steps in method claims had to be performed in their recited order (i.e., “converting, generating, and embedding”). Id. at 4 n.8. Defendants argued

Judge Sleet denies request for leave to file motion for summary judgment of invalidity under 35 U.S.C. § 101

Judge Gregory M. Sleet recently considered defendant Roxane Laboratories, Inc.’s letter request to file a motion for summary judgment of invalidity for lack of patentable subject matter under 35 U.S.C. § 101.  Vanda Pharmaceuticals Inc. v. Roxane Laboratories, Inc., C.A. No. 13-1973-GMS (consol.) (D. Del. Dec. 30, 2015).  Judge Sleet denied the request finding disputed