Judge Thynge recommends Court permit Illumina to amend its Answer to allege inequitable conduct against Cornell University

Judge Mary Pat Thynge recently recommended the Court grant Illumina’s motion to amend its Answer and Counterclaims to assert inequitable conduct.  Cornell University v. Illumina, Inc., No. 10-433-LPS-MPT (D. Del. May 27, 2016).  In its motion, Illumina alleged “the applicants and prosecuting attorney of the [] patents violated their duty of candor to the PTO

Chief Magistrate Judge Thynge rules on motion to compel.

Chief Magistrate Judge Mary Pat Thynge recently found that a plaintiff’s motion to compel sought discovery that was disproportional under Rule 26.  AVM Technologies, LLC v. Intel Corp., C.A. No. 15-33-RGA/MPT (D. Del. May 3, 2016).  Specifically, the plaintiff sought discovery of “products that are not accused and pre-date the accused products because documents created

Judge Thynge grants early motion for summary judgment as to non-infringement, denies motion as to invalidity

In Sunpower Corporation v. PanelClaw, Inc., C.A. No. 12-1633-MPT (D. Del. Apr. 1, 2016), the parties had stipulated to Defendant’s filing of an early motion for summary judgment on limited issues. Id. at 2. To that end, Defendant moved for summary judgment of non-infringement on one patent and invalidity of another patent under Section 112

Judge Thynge: Amazon.com does not infringe Hand Held Product’s patent

Chief Magistrate Judge Mary Pat Thynge recently issued a Report and Recommendation regarding defendant Amazon.com, Inc.’s motion for summary judgment of non-infringement.  Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT (D. Del. Jan. 21, 2016).  The accused products at issue are Amazon mobile apps used by consumers to find and purchase Amazon

Magistrate Judge Thynge considers motion to quash subpoena

In Verisign, Inc. v. XYZ.com, LLC, et al., C.A. No. 15-mc-175-RGA-MPT (D. Del. Dec. 4, 2015), Chief Magistrate Judge Mary Pat Thynge considered a motion to quash subpoenas. The plaintiff in a false advertising action in the Eastern District of Virginia had served subpoenas on two non-parties, requesting documents related to the sale of a

Chief Magistrate Judge Thynge Recommends Denial of Motions to Dismiss or Strike Counterclaims and Affirmative Defenses Resulting from Inventorship Issue

Chief Magistrate Judge Thynge recently issued a report and recommendation in which she recommended denial of plaintiffs Astellas Pharma and Celgene Corp.’s motions to dismiss and motions to strike counterclaims, each of which she found to have been adequately plead. The challenged counterclaims and defenses were directed to (1) an improper continuation application under §

Judge Thynge grants motion for summary judgment of invalidity under § 101.

Chief Magistrate Judge Mary Pat Thynge recently granted a motion for summary judgment of invalidity under § 101 filed by Google relating to the Plaintiff’s search method patent.  Collarity, Inc. v. Google Inc., C.A. No. 11-1103-MPT (D. Del. Nov. 25, 2015).  Judge Thynge agreed with Google that the plaintiff’s patent claimed an abstract idea—“refining search queries

Chief Magistrate Judge Thynge grants-in-part motion for fees under Section 285

In Magnetar Technologies Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-LPS-MPT (D. Del. July 21, 2015), Chief Magistrate Judge Mary Pat Thynge recommended granting-in-part Defendants’ motion for attorneys’ fees under section 285, but recommended denial of the motion for fees against Plaintiffs’ counsel under 28 U.S.C. § 1927. The Court

Judge Thynge recommends denying motion to dismiss and strike inequitable conduct claim and defense

In a recent Report and Recommendation, Magistrate Judge Mary P. Thynge found the court should deny plaintiff’s motion to dismiss and strike defendant’s counterclaim and affirmative defense of inequitable conduct.  Andrulis Pharmaceuticals Corp. v. Celgene Corp., C.A. No. 13-1644-RGA (D. Del. Jul. 16, 2015).  Defendant averred that an inventor and prosecution attorney of the asserted patent engaged

Judge Thynge recommends denying plaintiff’s motion to amend complaint with new defendant

In StrikeForce Technologies, Inc. v. PhoneFactor, Inc., C.A. No. 13-490-RGA-MPT (D. Del. May 26, 2015), Magistrate Judge Mary P. Thynge recommended denying plaintiff’s (“StrikeForce”) motion to amend its complaint to  add allegations of infringement against Microsoft Corporation (“Microsoft”) pursuant to Fed. R. Civ. P. 15(a).  StrikeForce acknowledged that “it was aware Microsoft acquired [defendant] PhoneFactor as