Chief Magistrate Judge Thynge Recommends Dismissal of Joint Infringement Claims

Chief Magistrate Judge Thynge recently issued a report and recommendation addressing a patent infringement defendant’s motion to dismiss for failure to state a claim of joint infringement and recommending that the motion be granted. Two-Way Media Ltd. v. Verizon Commc’ns Inc., et al., C.A. No. 14-1212-RGA-MPT, Report and Recommendation at 1-2 (D. Del. May 18,

Chief Magistrate Judge Thynge recommends dismissal of joint infringement claim.

Chief Magistrate Judge Mary Pat Thynge recently issued a report recommending that a motion to dismiss a claim for joint infringement be granted.  Two-Way Media Ltd. v. Comcast Cable Commc’ns, LLC, et al., C.A. No. 14-1006-RGA-MPT (D. Del. May 13, 2015).  Judge Thynge explained that “to survive a motion to dismiss the claim of joint

Magistrate Judge Thynge recommends denial of motion seeking Rule 54(b) certification or voluntary dismissal without prejudice.

Chief Magistrate Judge Mary Pat Thynge recently issued a report recommending the denial of a plaintiff’s motion which sought to accelerate an appeal of the Court’s ruling that Claims 113 and 114 of U.S. Patent No. 7,783,299 are invalid.  TruePostition, Inc. v. Polaris Wireless, Inc., C.A. No. 12-646-RGA-MPT (D. Del. Mar. 3, 2015).  Claims 113

Judge Thynge issues recommendations regarding claim construction

In Hand Held Products, Inc. v. Amazon.com, Inc., et al., C.A. No. 12-768-RGA-MPT (D. Del. June 24, 2014), Magistrate Judge Mary Pat Thynge construed several terms of U.S. Patent No. 6,015,088, entitled “Decoding of Real Time Video Imaging.”  For a number of the disputed claims, the Court analyzed defendants’ arguments for indefiniteness under the standard

Magistrate Judge Thynge Excludes Infringement Expert as Ipse Dixit without Sufficient Analysis

Among the flurry of pre-trial activity recently in the Magnetar Technologies case, which involves patents directed toward magnetic braking systems used in amusement park rides, was a report and recommendation by Magistrate Judge Thynge in which she granted a motion to exclude the plaintiffs’ infringement expert, Mark Hanlon. Magnetar Techs. Corp., et al. v. Six

Judge Thynge issues recommendations related to infringement, non-infringement, and invalidity

In Magnetar Technologies Corp., et al. v. Six Flags Theme Parks, Inc., et al., C.A. No. 07-127-LPS-MPT (D. Del. Feb. 7, 2014), Magistrate Judge Mary Pat Thynge issued a report and recommendation for the parties’ motions for summary judgment of infringement, non-infringement, and invalidity. Plaintiffs alleged that defendants’ roller coasters and other amusement park rides

Magistrate Judge Thynge recommends denial of motion for summary judgment based on failure to mark and laches.

Magistrate Judge Thynge recently recommended the denial of the defendants’ motion for summary judgment based on failure to mark and laches. Magnetar Technologies Corp. v. Six Flags Theme Parks Inc., Civ. No. 07-127-LPS-MPT (D. Del. Feb. 7, 2014). The plaintiffs were the assignee and its field-limited exclusive licensee of U.S. Patent No. 5,277,125. With respect

Magistrate Judge Thynge issues Report and Recommendation granting-in-part defendant Six Flag’s motion to exclude lay opinion testimony proffered by plaintiff Magnetar

Magistrate Judge Mary Pat Thynge recently considered defendants’ motion to exclude the testimony of Magnetar’s lay opinion witness — the founder and President of Magnetar, and named inventor on one of the patents-in-suit. Magnetar Techs. Corp., et al. v. Six Flags Theme Parks Inc., et al., C.A. No. 07-127-LPS-MPT (D. Del. Feb. 7, 2014). The

Magistrate Judge Thynge recommends construction of claim terms relating to geolocation systems.

Magistrate Judge Mary Pat Thynge recently issued a report recommending the proper construction of claim terms relating to geolocation systems. TruePosition, Inc. v. Polaris Wireless, Inc., C.A. No. 12-646-RGA-MPT (D. Del. Feb. 4, 2014). The following claim terms of U.S. Patent No. 7,783,299 were construed by Judge Thynge: “means for monitoring” (as used in claim

Judge Thynge recommends partial dismissal of plaintiff’s amended complaint

Magistrate Judge Mary Pat Thynge recently recommended that defendant First Midwest Bancorp’s (“FMBI”) motion to dismiss be granted in part. Strikeforce Technologies, Inc. v. Phonefactor, Inc., et al., C.A. No. 13-490-RGA-MPT, Report and Recommendation (D. Del. Nov. 13, 2013), amended, Report and Recommendation (Amended) (D. Del. Nov. 14, 2013) (minor corrections to original) (“Amended Report”).