In a Memorandum Order unsealed on February 19, Chief Judge Stark addressed disputes over Plaintiff Onyx’s privilege log. Before making rulings on specific documents reviewed in camera, Judge Stark ruled generally as to the extent of the applicable privilege. Judge Stark first recognized that the Federal Circuit has recognized a privilege between non-attorney patent agentsContinue reading “Judge Stark on Privilege for Patent Agents”
Category Archives: Leonard P. Stark, Chief Judge
Chief Judge Stark Grants Motion to Dismiss for Improper Venue in Hatch-Waxman Litigation
In September 2017, Chief Judge Stark denied a motion filed by Mylan Pharmaceuticals Inc. (MPI) to dismiss for lack of proper venue in light of TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514, 1519 (2017). That dismissal was without prejudice because Judge Stark found that he could not determine whetherContinue reading “Chief Judge Stark Grants Motion to Dismiss for Improper Venue in Hatch-Waxman Litigation”
Chief Judge Stark considers venue motions
In two opinions issued the same day, Chief Judge Leonard P. Stark considered motions to transfer venue in light of TC Heartland and the Federal Circuit’s recent pronouncement on the venue defense in In re Micron Tech, Inc., 875 F.3d 1091 (Fed. Cir. 2017). Koninklijke KPN N.V. v. Kyocera Corporation, et al., C.A. No. 17-87-LPS-CJBContinue reading “Chief Judge Stark considers venue motions”
The State of “Regular and Established Place of Business” in the District of Delaware
TC Heartland LLC v. Kraft Food Group Brands LLC has created more questions about venue than it answered (although it obviously answered a very important one), and one significant new question is, what constitutes a “regular and established place of business” under 28 U.S.C. § 1400(b). Chief Judge Stark recently attempted to answer that questionContinue reading “The State of “Regular and Established Place of Business” in the District of Delaware”
Chief Judge Stark rules on summary judgment motions.
Chief Judge Leonard P. Stark recently ruled on summary judgment motions in a series of cases filed by Intellectual Ventures. Intellectual Ventures I LLC v. T-Mobile USA, Inc., C.A. No. 13-1632-LPS (D. Del. Aug. 23, 2017) (and related cases). Judge Stark granted a motion by T-Mobile seeking summary judgment that Intellectual Ventures’ patent rights wereContinue reading “Chief Judge Stark rules on summary judgment motions.”
Chief Judge Stark decides motions in limine in advance of Princeton Digital trial
Chief Judge Leonard P. Stark recently considered the parties’ motions in limine in advance of the trial between Princeton Digital Image Corporation and intervenor Adobe Systems Inc. Princeton Digital Image Corproation v. Office Depot Inc., et al., No. 13-239-LPS (August 9, 2017). For example, Judge Stark denied Adobe’s MIL to preclude a Princeton witness from testifyingContinue reading “Chief Judge Stark decides motions in limine in advance of Princeton Digital trial”
Chief Judge Stark considers summary judgment and Daubert motions
Chief Judge Leonard P. Stark recently considered the parties’ summary judgment and Daubert motions in Intel Corporation v. Future Link Systems, LLC, No. 14-377-LPS (July 31, 2017). Regarding Future Link’s motions, Judge Stark granted summary judgment that RAND licensing requirements did not attach to the asserted claims of the relevant patents, and as to Intel’s equitable estoppelContinue reading “Chief Judge Stark considers summary judgment and Daubert motions”
Judge Stark Finds Waiver of Privilege
Chief Judge Leonard P. Stark recently issued a memorandum order analyzing waiver of attorney client privilege and work product protection. At issue was the plaintiff patentee’s corporate representative, who had not answered certain questions during a deposition, and certain documents withheld from discovery and interrogatory responses. The defendant argued that the all of this discoveryContinue reading “Judge Stark Finds Waiver of Privilege”
Chief Judge Stark grants Daubert motion
Chief Judge Leonard P. Stark recently ruled on Daubert motions in Greatbatch Ltd. v. AVX Corp., C.A. No. 13-723-LPS (D. Del. July 20, 2017). Of note, the Court granted a Daubert motion to preclude an expert from testifying “that ‘no reasonable metallurgist’ would relay on certain data,” explaining that such testimony would “improperly usurp[] the Court’s gatekeeping function of determiningContinue reading “Chief Judge Stark grants Daubert motion”
Judge Stark rules on motions in limine
In advance of the pre-trial conference in Greatbatch Ltd. v. AVX Corporation, et al., C.A. No. 13-723-LPS, and in addition to resolving a number of rulings regarding disputes over the pre-trial order and trial logistics, Chief Judge Leonard P. Stark ruled on the parties’ motions in limine. Greatbatch Ltd. v. AVX Corporation, et al., C.A.Continue reading “Judge Stark rules on motions in limine”