Judge Stark adopts Report and Recommendation on claim construction

In a recent Memorandum Order, Chief Judge Leonard P. Stark adopted Magistrate Judge Christopher J. Burke’s Report and Recommendation (the “Report”) dated June 30, 2016 (D.I. 108), which (i) found the terms “access block” and “media block” (collectively, the “block terms”) not indefinite; and (ii) construed the term “providing, by the media block, a clickable icon.”Continue reading “Judge Stark adopts Report and Recommendation on claim construction”

Judge Stark finds preambles limiting

In a series of related actions, Chief Judge Leonard P. Stark issued a claim construction opinion in which he concluded that the relevant claims’ preambles were limiting. E.g., Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al, C.A. No. 13-1987-LPS (D. Del. Nov. 16, 2016). The Court concluded that the preamble section “methodContinue reading “Judge Stark finds preambles limiting”

Chief Judge Stark Grants Motion to Stay Pending Inter Partes Review

Chief Judge Stark recently granted a motion to stay litigation until the issuance of decisions by the PTAB in related inter partes review proceedings. The PTAB instituted IPR in July 2016 on every claim that is asserted in the District Court litigation and must issue a final written decision by July 2017. 454 Life SciencesContinue reading “Chief Judge Stark Grants Motion to Stay Pending Inter Partes Review”

Judge Stark considers claim terms previously construed in prior litigation

In a series of related actions brought by United Access Technologies, Chief Judge Leonard P. Stark issued a claim construction opinion in which the Court also considered Defendants’ motion to strike certain proposed constructions as barred by collateral estoppel. E.g., United Access Technologies, LLC v. Centurytel Broadband Services, LLC, et al., C.A. No. 11-339-LPS (D.Continue reading “Judge Stark considers claim terms previously construed in prior litigation”

Chief Judge Stark rules on Daubert and summary judgment motions.

Chief Judge Leonard P. Stark recently rules on several Daubert and summary judgment motions in Masimo Corp. v. Philips Electronics North America Corp., et al., C.A. Nos. 09-80-LPS, 11-742-LPS (D. Del. Oct. 31, 2016).  Of note, Chief Judge Stark granted a Daubert motion seeking to preclude a damages expert from testifying regarding the “basis-for-customer-demand” testContinue reading “Chief Judge Stark rules on Daubert and summary judgment motions.”

Judge Stark resolves MILs and sets time allocations for upcoming trial between Andover Healthcare and 3M

Chief Judge Leonard P. Stark recently issued the pretrial order resolving motions in limine and setting time allocations for trial.  Andover Healthcare, Inc. v. 3M Company, No. 13-843-LPS (D. Del. Oct. 27, 2016).  Regarding time for trial, the parties requested 41 hours to be split equally between the parties.  Judge Stark rejected this request: ConsideringContinue reading “Judge Stark resolves MILs and sets time allocations for upcoming trial between Andover Healthcare and 3M”

Judge Stark grants-in-part motion to sever

In Vehicle IP v. AT&T Mobility LLC, et al., C.A. No. 09-1007-LPS (D. Del. Oct. 20, 2016) (unsealed Oct. 27, 2016), Chief Judge Leonard P. Stark granted-in-part the Defendants’ motion to sever their cases, concluding that joinder under Rule 20 was impermissible as to infringement and damages, and denying the motion with respect to invalidity.Continue reading “Judge Stark grants-in-part motion to sever”

Chief Judge Stark denies motion to preclude expert testimony based on indirect financial interest in litigation.

In a recently unsealed memorandum opinion, Chief Judge Leonard P. Stark issued rulings on several pre-trial motions.  Andover Healthcare, Inc. v. 3M Co., C.A. No. 13-843-LPS (D. Del. Oct. 18, 2016).  Most notably, Chief Judge Stark denied a motion to preclude the plaintiff’s CEO from testifying as an expert based on his purported “blatant andContinue reading “Chief Judge Stark denies motion to preclude expert testimony based on indirect financial interest in litigation.”

Chief Judge Stark Finds Prior Decisions in Related Cases Not Binding in Subsequent Cases

Judge Stark recently issued two decisions applying collateral estoppel to various defendants based on a prior litigation in which the court had granted summary judgment of no pre-suit damages an the jury had ruled in the defendants’ favor. The Federal Circuit then summarily affirmed that judgment. Defendant Frontier Communications therefore moved for judgment on theContinue reading “Chief Judge Stark Finds Prior Decisions in Related Cases Not Binding in Subsequent Cases”

Judge Stark grants Section 101 motion

Data Engine Technologies LLC v. Google Inc., C.A. No. 14-1115-LPS (D. Del. Sept. 29, 2016), Chief Judge Leonard P. Stark granted Defendant’s Rule 12(c) motion because the Court concluded that asserted claims of certain of the patents-in-suit were directed to patent-ineligible subject matter. The patents-in-suit at issue relate to electronic spreadsheets. Id. at 1. TheContinue reading “Judge Stark grants Section 101 motion”