Judge Stark considers motions for summary judgment on invalidity

In a series of related actions brought by Enzo Life Sciences, Chief Judge Leonard P. Stark denied all Defendants’ motion for summary judgment of invalidity of the patent-in-suit for lack of written description, but granted certain Defendants’ motion for summary judgment of invalidity of that patent for nonenablement. The patent-in-suit related to nucleic acid hybridization

Judge Stark rules on motions in limine

In W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515-LPS (D. Del. Feb. 8, 2017), Chief Judge Leonard P. Stark issued decisions on various motions in limine prior to the parties’ upcoming pretrial conference. Regarding Plaintiff’s motion to exclude “evidence and argument relating to discovery disputes,” the Court granted the

Judge Stark Considers Motions to Strike Contentions

Chief Judge Stark recently issued an order addressing several motions to strike or supplement contentions and to strike expert reports. Judge Stark first found that the plaintiff’s “final infringement contentions fail to provide Defendants adequate notice of ‘how the accused products allegedly meet [a certain] limitation’” because the contentions addressed only half of the Court’s

Judge Stark Grants Summary Judgment of Lack of Patentable Subject Matter

Chief Judge Stark recently considered several pre-trial motions for summary judgment in this litigation between Plaintiff Intellectual Ventures and Defendant Symantec. Two of the summary judgment motions at issue were cross-motions directed to Section 101 patent eligibility. Judge Stark ultimately found that the claims at issue, directed to a method of remote mirroring of data

Judge Stark decides various motions to strike, excluding portions of expert reports

Chief Judge Leonard P. Stark recently considered the parties’ motions to strike expert reports   Intellectual Ventures I LLC v. AT&T Mobility LLC, et al., No. 12-193-LPS, 13-1632-LPS, 13-1633-LPS, 13-1635-LPS, 13-1636-LPS, 13-1637-LPS, 15-799-LPS, 15-800-LPS (D. Del. Jan. 31, 2017). Regarding defendants’ motion to strike portions of the reply report of Dr. Vojcic, Judge Stark granted the motion in

Judge Stark considers motion to amend and makes further findings regarding sanctions against Princeton Digital

Chief Judge Leonard P. Stark recently considered several disputes, including intervenor Adobe System Incorporated’s motion to amend its complaint in intervention and further request for attorneys’ fees.  Princeton Digital Image Corporation v. Office Depot Inc., et al., No. 13-239-LPS, 12-287-LPS, 13-288-LPS, 13-289-LPS, 13-326-LPS, 13-330-LPS, 13-331-LPS, 13-404-LPS, 13-408-LPS (D. Del. Jan. 27, 2017).  Previously, Adobe requested

Chief Judge Stark grants motion to exclude expert testimony with leave to supplement to address deficiencies.

Chief Judge Leonard P. Stark recently granted-in-part a defendant’s motion to exclude the testimony of a damages expert.   Yodlee, Inc. v. Plaid Technologies Inc., C.A. No. 14-1445-LPS-CJB (D. Del. Jan. 27, 2017).  On a number of issues, Judge Stark found that the defendant’s criticism of the expert’s analysis went to the weight to be afforded to

Judge Stark rules on privilege dispute and denies motion for reconsideration

In two recent Memorandum Orders, Chief Judge Leonard P. Stark ruled on the parties’ privilege dispute, and denied defendant Future Link Systems, LLC’s (“Future Link”) motion for reconsideration of the Court’s September 28, 2016 Order granting in part plaintiff Intel Corporation’s (“Intel”) motion for summary judgment on its license claim. Intel Corp. v. Future Link

Judge Stark denies motion to dismiss pursuant to Rule 37(b)(2) for discovery misconduct, but grants attorney’s fees and potential discovery extension

In a recent Memorandum Opinion, Chief Judge Leonard P. Stark denied defendant Costco Wholesale Corporation’s (“Costco”) motion to dismiss the litigation pursuant to Rule 37(b)(2) for discovery misconduct by plaintiff Robert Bosch LLC (“BLLC”). Robert Bosch LLC v. Alberee Products, Inc., C.A. No. 12-574-LPS (D. Del. Jan. 24, 2017). BLLC failed to comply with the

Judge Stark denies request to stay litigation pending Supreme Court decision on patent venue statute

In a recent Memorandum Order, Chief Judge Leonard P. Stark denied defendants’ (“Heartland”) request to stay the litigation pending the Supreme Court’s decision regarding the construction of the patent venue statute, 28 U.S.C. § 1400(b). Kraft Foods Group Brands LLC v. TC Heartland, LLC, C.A. No. 14-28-LPS (D. Del. Jan. 12, 2017). The Supreme Court