D. Del. Magistrate Finds Prima Facie Case for Jurisdictional Discovery

When faced with a credible claim of lack of personal jurisdiction, a court has two options: dismiss the action or order jurisdictional discovery. In a recent stream-of-commerce decision, Magistrate Judge Leonard P. Stark opted for the latter. In the underyling litigation, the aggrieved manufacturer insisted that it had no knowledge that its accused products wouldContinue reading “D. Del. Magistrate Finds Prima Facie Case for Jurisdictional Discovery”

Earlier Licenses Do Not Negate Exclusive Licensee’s Standing

A recent report and recommendation from Magistrate Judge Stark found that the existence of pre-existing nonexclusive licensees does not prohibit a company from granting an exclusive license subject to those pre-existing licenses. TV Guide Online, Inc. v. Tribune Media Services, C.A. No. 05-725-SLR/LPS, Report and Recommendation Concerning Defendant Tribune’s Motion to Dismiss Plaintiff TV GuideContinue reading “Earlier Licenses Do Not Negate Exclusive Licensee’s Standing”

Scheduling with Magistrate Stark

A recent order from the district court’s new magistrate, Magistrate Judge Stark, sheds some light on his case scheduling process. Power Integrations, Inc. v. BCD Semiconductor Corp., C.A. No. 07-633-JJF-LPS, Memo. Order (D. Del. Feb. 11, 2008). Of particular note, Magistrate Stark is following the same discovery dispute procedure as Judge Jordan previously used, andContinue reading “Scheduling with Magistrate Stark”