Judge Stark denies 101 motion related to claims directed to determining expected time of arrival

Chief Judge Leonard P. Stark recently considered Defendants’ motion for judgment on the pleadings that the asserted claims of the patent-in-suit are invalid under 35 U.S.C. § 101.  Vehicle IP, LLC v. AT&T mobility LLC, et al., No. 09-1007-LPS (D. Del. Sept. 29, 2016).  The patent-in-suit, U.S. Patent No. 5,987,377, discloses methods and systems involving: a dispatchContinue reading “Judge Stark denies 101 motion related to claims directed to determining expected time of arrival”

Judge Stark denies motion for attorneys’ fees

Chief Judge Leonard P. Stark recently considered defendants’ motion for attorneys’ fees, filed after the case was dismissed following the Court’s finding all claims invalid for indefiniteness.  Sarif Biomedical LLC v. Brainlab, Inc., No. 13-846-LPS (D. Del. Sept. 27, 2016).  Defendants argued the case was exceptional because the claim terms at issue were “obviously indefinite” because “there [was]Continue reading “Judge Stark denies motion for attorneys’ fees”

Chief Judge Stark denies motion for judgment on the pleadings

Chief Judge Leonard P. Stark recently denied a motion for judgment on the pleadings under section 101.  MAZ Encryption Technologies LLC v. Blackberry Corp., C.A. No. 13-304-LPS (D. Del. Sept. 29, 2016).  At issue were claims describing “a process that enables frictionless, ‘behind-the-scenes’ encryption – when a user closes or saves a file, the inventionContinue reading “Chief Judge Stark denies motion for judgment on the pleadings”

Chief Judge Stark grants motion to reopen case following administrative closure; denies motion to substitute and consolidate

Chief Judge Leonard P. Stark recently ruled on a motion filed by a plaintiff’s claimed successor-in-interest to reopen an administratively closed case, to substitute itself for the plaintiffs, and to consolidate the case with two related cases.  Inline Connection Corp. v. Verizon Internet Servs., Inc., Consol. C.A. No. 05-866 (D. Del. Sept. 28, 2016).  TheContinue reading “Chief Judge Stark grants motion to reopen case following administrative closure; denies motion to substitute and consolidate”

Judge Stark grants motion to dismiss for lack of prudential standing

Chief Judge Leonard P. Stark recently considered defendants’ motion to dismiss based on lack of prudential standing of plaintiff when it filed the original complaint in 2012.  Intellectual Ventures I LLC v. AT&T Mobility, LLC, et al., C.A. No. 12-193-LPS, 13-1632-LPS, 15-799-LPS, 15-800-LPS (D. Del. Aug. 25, 2016).  Judge Stark previously granted a motion to dismissContinue reading “Judge Stark grants motion to dismiss for lack of prudential standing”

Chief Judge Stark grants in part motion to exclude damages expert

In a recent Memorandum Order, Chief Judge Leonard P. Stark granted in part defendant’s motion to exclude the testimony of plaintiff’s damages expert. MAZ Encryption Technologies LLC v. Blackberry Corporation, C.A. No. 13-304-LPS (D. Del. Aug. 25, 2016). As Judge Stark explained, to calculate “his baseline estimate for damages,” the expert relied on a “previousContinue reading “Chief Judge Stark grants in part motion to exclude damages expert”

Chief Judge Stark sets aside entry of default, allows sanctions

In Princeton Digital Image Corporation v. Nordstrom.com LLC, et al., C.A. No. 13-408-LPS (D. Del. Aug. 16, 2016), Chief Judge Leonard P. Stark granted Plaintiff’s motion to set aside the Clerk’s entry of default, but also awarded sanctions to third-party intervenor Adobe for Plaintiff’s failure to answer its complaint in this action. Defendants in thisContinue reading “Chief Judge Stark sets aside entry of default, allows sanctions”

Chief Judge Stark finds terms indefinite and preambles limiting in claim construction decision

In Chief Judge Leonard P. Stark’s Markman opinion in a series of related actions brought by Plaintiffs Intellectual Ventures I and II, the Court concluded that several disputed terms were indefinite, and further concluded that several terms appearing in the preambles of the claims were limiting. E.g., Intellectual Ventures I LLC v. AT&T Mobility, etContinue reading “Chief Judge Stark finds terms indefinite and preambles limiting in claim construction decision”

Judge Stark finds Kraft waived attorney-client privilege by disclosure in interrogatory response

Judge Stark recently considered Heartland’s motion to compel discovery on the subject of why Kraft and its agents failed to disclose the Ackilli reference to the PTO during prosecution of one of the patents-in-suit.  Kraft Food Group Brands, LLC v. TC Heartland, LLC, et al., No. 14-028-LPS-CJB (D. Del. July 25, 2016).  Judge Stark granted the motion,Continue reading “Judge Stark finds Kraft waived attorney-client privilege by disclosure in interrogatory response”

Judge Stark rules on privilege log disputes

Judge Leonard P. Stark recently issued a memorandum order addressing a number of privilege log disputes.  Idenix Pharmaceuticals, Inc. v. Gilead Sciences, Inc., C.A. No. 13-1987-LPS (D. Del. July 20, 2016) (and related cases, C.A. No. 14-109-LPS and C.A. No. 14-846-LPS).  Among other rulings, Judge Stark found the following: (1) a communication between a non-lawyerContinue reading “Judge Stark rules on privilege log disputes”