Judge Andrews invalidates patent under 101

Judge Richard G. Andrews recently granted a motion for summary judgment that the asserted claims of a patented “apparatus, method and database for control of audio/video equipment” is invalid under 35 U.S.C. § 101.   D&M Holdings Inc. v. Sonos, Inc., C.A. No. 16-141-RGA (D. Del. Feb. 20, 2018).  The Court agreed with the defendant that

Judge Andrews Grants-in-Part Daubert Challenge to Damages Expert

Judge Andrews recently issued a memorandum order ruling on the Defendants’ motion to exclude testimony of Plaintiffs’ damages expert in MiiCs & Partners, Inc., et al. v. Funai Electric Co., Ltd., et al., C.A. No. 14-804-RGA, Memo. Or. (D. Del. Dec. 7, 2017). The Defendants lodged several challenges to the Plaintiffs’ expert’s opinion. First, Judge

Judge Andrews grants motion for reconsideration on whether plaintiff’s Global Head of IP should have access to Defendant’s ANDA

On August 24, 2017, in Ferring Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 17-435-RGA, Judge Richard G. Andrews ruled that it would be inappropriate to add plaintiff’s Global Head of IP as an in-house designee under the protective order, finding that such person was a competitive decision maker.  See previous Order here.  On December 11, 2017,

Judge Andrews denies motion to strike “excessive” briefing on Daubert issues

Judge Andrews recently issued an order denying defendant’s motion to strike 60 pages of briefing on three Daubert motions.  B. Braun Melsungen AG v. Becton, Dickinson and Company, No. 16-411-RGA (D. Del. Dec. 5, 2017).  Judge Andrews denied the motion because, even though he wished “Plaintiffs had exercised some judgment about which Daubert issues were

Judge Andrews grants summary judgment of non-infringement after requesting supplemental claim construction briefing

In a recent memorandum order, Judge Richard G. Andrews granted a motion for summary judgment after requesting at oral argument supplemental briefing on the proper construction of one claim limitation.  MiiCs & Partners, Inc. v. Funai Electric Co., Ltd., C.A. No. 14-804-RGA (D. Del. Dec. 1, 2017).  Judge Andrews explained that the parties’ briefing made

Judge Andrews denies motion to dismiss under 35 U.S.C. § 101 without prejudice to renew at summary judgment stage

Judge Richard G. Andrews recently denied without prejudice a motion to dismiss for lack of patentable subject matter under 35 U.S.C. § 101.  Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., No. 17-275-RGA (D. Del. Nov. 9, 2017).  Judge Andrews decided that, while it may be appropriate in some circumstances to decide such a

Judge Andrews considers post-trial motions

Following a jury trial in E.I. Dupont de Nemours and Company v. Unifrax I LLC, C.A. No. 14-1250-RGA, in which Defendant’s product was found to infringe the asserted patent, Judge Richard G. Andrews ruled on: (1) Defendant’s renewed motions for judgment as a matter of law and request for a new trial; and (2) Plaintiff’s

Judge Andrews denies request to order defendants to supplement rebuttal contentions due to deficiencies in plaintiff’s contentions

Judge Richard G. Andrews recently considered plaintiff Acceleration Bay LLC’s various discovery motions. Acceleration Bay LLC v. Activision Blizzard, Inc., et al., No. 16-453-RGA, No. 16-454-RGA, No. 16-455-RGA (Sept. 7, 2017). Regarding defendants’ interrogatory responses, Judge Andrews declined to order defendants to supplement specific interrogatories, in part due to plaintiff’s conclusory or vague theories.  For

Judge Andrews denies Section 101 motion

In a series of related actions brought by Acceleration Bay LLC, Judge Richard G. Andrews denied Defendants’ motion to dismiss due to allegedly patent-ineligible subject matter of three asserted patents. Acceleration Bay LLC v. Activision Blizzard, Inc., C.A. No. 16-453-RGA (D. Del. Aug. 29, 2017).  The claims at issue related to a “broadcast channel for

Judge Andrews grants summary judgment of non-infringement and invalidity

Judge Richard G. Andrews recently granted summary judgment of non-infringement and invalidity relating to a patent claiming a system for locating and identifying portable devices using ultrasonic base stations.  Centrak, Inc. v. Sonitor Technologies, Inc., C.A. No. 14-183-RGA (D. Del. Aug. 30, 2017).  The plaintiff’s infringement theory was based on the defendant’s “making and using”