Magistrate Judge Burke issues recommendation on motion to dismiss counterclaims.

Magistrate Judge Christopher J. Burke recently recommended granting-in-part and denying-in-part a motion to dismiss invalidity and non-infringement counterclaims.  Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., C.A. No. 12-1461-LPS-CJB (D. Del. Jan. 19, 2017).  Judge Burke recommended denial of the motion to dismiss the invalidity counterclaim based on a theory of estoppel resulting fromContinue reading “Magistrate Judge Burke issues recommendation on motion to dismiss counterclaims.”

Judge Stark denies summary judgment as to invalidity and grants uncontested summary judgment motion on failure to mark

In Kraft Foods Group Brands LLC v. TC Heartland, LLC d/b/a Heartland Food Products Group, et al., C.A. No. 14-28-LPS (D. Del. Jan. 12, 2017), Chief Judge Leonard P. Stark ruled on Defendants’ motion for summary judgment as to invalidity, as well as their uncontested motion for summary judgment for failure to mark. Defendants arguedContinue reading “Judge Stark denies summary judgment as to invalidity and grants uncontested summary judgment motion on failure to mark”

Chief Judge Stark decides Daubert motions in Kraft v. TC Heartland

Chief Judge Leonard P. Stark recently considered Kraft’s Daubert motions to exclude the testimony of TC Heartland’s experts.  Kraft Foods Group Brands LLC v. TC Heartland, LLC, No. 14-28-LPS (D. Del. Jan. 12, 2017).  Judge Stark struck the testimony of TC Heartland’s non-infringement expert’s opinions concerning the asserted claims’ packaging limitations because such testimony was inconsistent with theContinue reading “Chief Judge Stark decides Daubert motions in Kraft v. TC Heartland”

Chief Judge Stark grants motion for summary judgment of no willful infringement

Chief Judge Leonard P. Stark recently considered the parties motions for summary judgment and motions to exclude expert testimony in Vehicle IP, LLC v. AT&T Mobility LLC, et al., No. 09-1007-LPS (D. Del. Dec. 30, 2016).  Judge Stark denied all the motions except one: defendants’ motion for summary judgment of no willful infringement.  Plaintiff’s willfulness allegations wereContinue reading “Chief Judge Stark grants motion for summary judgment of no willful infringement”

Chief Judge Stark Finds Three Patents Invalid Under Section 101 on Rule 12(c) Motion

Chief Judge Stark has granted a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) on the grounds that certain claims of certain patents asserted by Intellectual Ventures are invalid under 35 U.S.C. § 101. Judge Stark’s opinion addressed three patents. The first, U.S. Patent No. 6,115,737, discloses “a system thatContinue reading “Chief Judge Stark Finds Three Patents Invalid Under Section 101 on Rule 12(c) Motion”

Chief Judge Stark issues claim construction, finds preamble limiting

Chief Judge Leonard P. Stark recently issued the Court’s claim construction rejecting defendants’ indefiniteness arguments and finding the preamble limiting.  Mayne Pharma Int’l Pty Ltd. v.  Merck & Co., Inc., No. 15-438-LPS (D. Del. Dec. 27, 2016).  The preamble of the asserted claims stated “A pharmaceutical composition, consisting essentially of ….”  Judge Stark found theContinue reading “Chief Judge Stark issues claim construction, finds preamble limiting”

Chief Judge Stark denies motion to vacate summary judgment of no willful infringement in light of Halo

Chief Judge Leonard P. Stark recently considered plaintiff’s motion to vacate summary judgment of no willful infringement in light of the U.S. Supreme Court’s decision Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016).  Greatbatch Ltd. v. AVX Corporation, No. 13-723-LPS (D. Del. Dec. 13, 2016).  A jury trial was held in JanuaryContinue reading “Chief Judge Stark denies motion to vacate summary judgment of no willful infringement in light of Halo”

Judge Stark considers pre-trial objections to deposition testimony

In Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., C.A. Nos. 13-1987-LPS, 14-109-LPS, 14-848-LPS (D. Del. Dec. 4, 2016), Chief Judge Leonard P. Stark considered a number of the parties’ disputes related to introducing deposition testimony and related documents, in anticipation of the trial in this case.  The Court overruled two ofContinue reading “Judge Stark considers pre-trial objections to deposition testimony”

Judge Stark grants plaintiffs’ request to supplement joint claim chart made after close of briefing and days before Markman hearing

Chief Judge Leonard P. Stark recently considered plaintiffs’ request to supplement the joint claim chart in Meda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., No. 15-785-LPS (D. Del. Dec.7, 2016), to include exhibits from the prosecution history of the patent-in-suit.   Plaintiffs submitted the additional exhibits for inclusion in the chart, and consideration by the Court, justContinue reading “Judge Stark grants plaintiffs’ request to supplement joint claim chart made after close of briefing and days before Markman hearing”

Chief Judge Stark rules on in limine motions

Chief Judge Leonard P. Stark recently ruled on several motions in limine in advance of an upcoming jury trial between Idenix and Gilead.  Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., C.A. No. 13-1987 (and related cases 14-109-LPS, 14-846-LPS) (D. Del. Nov. 22, 2016).  Of note, Judge Stark denied Idenix’s motion to preclude evidence of certainContinue reading “Chief Judge Stark rules on in limine motions”