Wyeth v. Impax Labs., Inc., C.A. No. 06-222-JJF, 2006 U.S. Dist LEXIS 79761 (D. Del. Oct. 26, 2006). Upon a motion to compel filed by Impax, Wyeth prevailed on four of five disputes before the Court, losing only its bid to split the cost of imaging relevant documents with Impax. As to Impax�s request thatContinue reading “Wyeth Prevails in Discovery Dispute with Impax”
Judge Joseph J. Farnan today so ordered two stipulations of dismissal in the patent infringement lawsuits involving Amazon.com, Inc. and Cendant Corporation among others. The stipulations dismissed all claims and counterclaims in their entirety with prejudice. (, )
To potential defendants BEWARE if you want to bolster your argument for transfer and you believe that some key witnesses will be former employees, be prepared to make a demonstration in your transfer briefs that they will be unwilling to testify voluntarily or that you cannot get their information in some other fashion. And knowContinue reading “Transfer Denied Even Where Similar Litigation Pending in Another District”
Judge Joseph Farnan signed a stipulated dismissal in Alza Corp. v. Impax Labs. Inc., C.A. No. 05-642 (D. Del. Oct. 10, 2006) (Farnan, J.) today. This brings to an end litigation between these two parties that began in September 2005. Alza Corp. v. Impax Labs. Inc., C.A. No. 05-642 (D. Del. Oct. 10, 2006) (Farnan,Continue reading “Alza and Impax Stipulate to Dismissal”
A Delaware judge has issued a decision highlighting the sometimes overlooked distinction between issues of law and fact in the patent realm. In a decision released last week, the Court rejected an attempt to revisit an earlier claim construction of the term “MOS transistor” – or metal oxide transistor. The Court held that defendant’s proposedContinue reading “Questions of Law and Fact Do Not Mix”
Nokia Corp. v. Qualcomm, Inc.), No. 06-509-JJF (D. Del. Aug. 29, 2006) Upon a motion to remand filed by Nokia, Judge Farnan remanded this dispute back to the Delaware Court of Chancery, where the suit was originally filed. The court decided whether Nokia’s claims arose under federal patent law despite the fact that the claimsContinue reading “European Patent Dispute Between Telecom Giants Heads Back to Delaware Chancery Court”
A recent case serves as a reminder that potential litigants in this district, and particularly before Judge Farnan, should consider their options in pursuing bifurcation should it be helpful to their case as the Court will be open to various combinations in managing these complex cases.
In the latest twist to the post-Echostar waiver debate, Judge Farnan has issued an opinion stating that a party asserting the advice-of-counsel defense to willful infringment waives the attorney-client privilege concerning communications with both opinion counsel and trial counsel. In the July 28th decision, the Court noted that, based on the Federal Circuit’s recent InContinue reading “Advice-of-Counsel Defense Waives Communications with “All” Counsel”