Magistrate Judge Thynge recommends denial of leave to amend to assert inequitable conduct.

Magistrate Judge Mary Pat Thynge recently recommended a denial of a defendant’s motion to amend its answer to add a counterclaim for inequitable conduct. Pfizer Inc. v. Sandoz Inc., C.A. No. 12-654-GMS/MPT (D. Del. Nov. 4, 2013). As Judge Thynge explained, “[i]n considering whether the grant the motion under Rule 15(a), the court considers .Continue reading “Magistrate Judge Thynge recommends denial of leave to amend to assert inequitable conduct.”

Magistrate Judge Thynge recommends denying defendant’s motion to stay pending inter partes review

In a recent report and recommendation, Magistrate Judge Mary P. Thynge recommended that the court deny defendant’s motion to stay the litigation pending inter partes review (“IPR”). TruePosition, Inc. v. Polaris Wireless, Inc., C.A. No. 12-646-RGA/MPT (D. Del. Oct. 21, 2013). Judge Thynge noted that “[t]he court considers three factors when deciding whether to stayContinue reading “Magistrate Judge Thynge recommends denying defendant’s motion to stay pending inter partes review”

Magistrate Judge Thynge construes claim terms relating to pulse oximetry.

Magistrate Judge Mary Pat Thynge recently issued a report recommending constructions for 27 claim terms across eight patents relating to pulse oximetry, which “allows for non-invasive measurement of the oxygen levels in a medical patient’s hemoglobin.” Masimo Corp. v. Philips Electronics North America Corp., C.A. Nos. 09-080-LPS-MPT, 11-742-LPS-MPT (D. Del. Aug. 29, 2013). The followingContinue reading “Magistrate Judge Thynge construes claim terms relating to pulse oximetry.”

Magistrate Judge Thynge issues report and recommendation on cross-motions for summary judgment relating to covenant not to sue and motion to strike portions of reply brief.

Magistrate Judge Mary Pat Thynge recently issued a report and recommendation addressing cross-motions for summary judgment, as well as the plaintiff’s motion to strike portions of the defendant’s reply brief in support of its summary judgment motion. Cornell Univ., et al. v. Illumina, Inc., C.A. No. 10-433-LPS-MPT (D. Del. June 25, 2013). Judge Thynge agreedContinue reading “Magistrate Judge Thynge issues report and recommendation on cross-motions for summary judgment relating to covenant not to sue and motion to strike portions of reply brief.”

Magistrate Judge Thynge recommends grant of defendants’ motion for summary judgment on willful infringement, denial of motion for summary judgment on lost profits damages

In Masimo Corporation v. Philips Electronics North America Corporation, et al., Magistrate Judge Mary Pat Thynge recently recommended the grant of defendants’ motion for summary judgment as to no willful infringement and the denial of their motion for summary judgment on lost profits damages. C.A. No. 09-80-LPS-MPT (D. Del. June 14, 2013). The Court recommendedContinue reading “Magistrate Judge Thynge recommends grant of defendants’ motion for summary judgment on willful infringement, denial of motion for summary judgment on lost profits damages”

Judge Thynge considers motions to exclude expert testimony

Magistrate Judge Mary Pat Thynge recently issued a report and recommendation deciding four motions to exclude testimony and opinions of the parties’ experts. Masimo Corporation v. Philips Electronics North American Corporation, et al., C.A. No. 09-080-LPS-MPT (D. Del. May 20, 2013). The details of the case can be found here, in the Court’s previous reportContinue reading “Judge Thynge considers motions to exclude expert testimony”

Judge Thynge issues early claim construction order at request of parties

In two consolidated actions, Magistrate Judge Mary Pat Thynge recently issued a Memorandum Order construing the term “promotional code” in U.S. Patent Nos. 5,717,866, entitled “Method for comparative analysis of consumer response to product promotions,” and 5,924,078, entitled “Consumer-provided promotional code actuatable point-of-sale discounting system.” Codepro Innovations LLC v. Safeway Inc., C.A. No. 12-970-MPT andContinue reading “Judge Thynge issues early claim construction order at request of parties”

Judge Thynge construes claim terms of Internet search patent

In Collarity, Inc. v. Google, Inc., C.A. No. 11-1103-MPT (D. Del. May 6, 2013), Magistrate Judge Mary Pat Thynge recently construed the following disputed claim terms of U.S. Patent No. 7,756,855, entitled “Search Phrase Refinement by Search Term Replacement:” -“keyword,” id. at 4-8; -“association graph,” id. at 8-10; -“anchor keyword/non-anchor keyword,” id. at 10-12; -“designating,Continue reading “Judge Thynge construes claim terms of Internet search patent”

Magistrate Judge Thynge recommends denial of motion to dismiss complaint relating to cloud-based gaming applications.

Magistrate Judge Mary Pat Thynge recently issued a report recommending that a motion to dismiss allegations of direct, induced, and contributory infringement relating to cloud-based gaming applications be denied. T5 Labs (Delaware) LLC v. Gaikai, Inc., C.A. No. 12-1281 (SLR) (MPT) (D. Del. Apr. 5, 2012). The defendant argued that the complaint failed to provideContinue reading “Magistrate Judge Thynge recommends denial of motion to dismiss complaint relating to cloud-based gaming applications.”

Judge Thynge Considers Daubert and Summary Judgment Motions

In Masimo Corporation v. Philips Electronics North American Corporation, et al., C.A. Nos. 09-080-LPS-MPT & 11-742-LPS-MPT (Cons.) (D. Del. Apr. 2, 2013), Magistrate Judge Mary Pat Thynge issued a report and recommendation regarding Daubert and summary judgment motions from both parties. The case involves a number of patents related to “pulse oximetry,” which “allows forContinue reading “Judge Thynge Considers Daubert and Summary Judgment Motions”