Judge Andrews grants motion to dismiss relating to re-issued claims

Judge Richard G. Andrews recently granted a motion to dismiss upon consideration of an an affirmative defense under 35 U.S.C. § 252 relating to claims re-issued following inter partes reexamination.  Waters Techs. Corp. v. Aurora SFC Sys. Inc., Civ. No. 11-708-RGA (D. Del. Aug. 21, 2017).  Judge Andrews explained that, as currently plead, “it is not plausible

Judge Andrews denies competitive decisionmaker access under protective order

In Ferring Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 17-435-RGA (D. Del. Aug. 24, 2017), Judge Richard G. Andrews ruled that it would be inappropriate to add a second in-house designee under the protective order to review an ANDA, as well as sensitive financial and economic data of the adverse party.  The would-be second

Judge Andrews Resolves Daubert and Summary Judgment Motions in Trademark Case

Judge Andrews recently resolved pre-trial motions in this trademark infringement dispute between two cruise lines. In a memorandum opinion filled with nautical analogies and Gilligan’s Island references, Judge Andrews addressed numerous Daubert and summary judgment motions. In addressing Daubert challenges, Judge Andrews generally allowed much of the proffered testimony. His Honor excluded, however, certain portions

Judge Andrews grants summary judgment of non-infringement based on license agreements

In MiiCs & Partners America, Inc., et al. v. Toshiba Corporation, et al., C.A. No. 14-803-RGA (D. Del. Aug. 11, 2017), Judge Richard G. Andrews granted motions for partial summary judgment of non-infringement filed by certain Defendants as well as by intervenor Samsung.  The motions were based on various license agreements.  Having examined their terms,

Judge Andrews Dismisses Claims of Pre-Suit Indirect and Willful Infringement

Judge Andrews recently granted in part a motion to dismiss infringement claims pursuant to Rule 12(b)(6). The Court first dismissed counts alleging induced, contributory, and willful infringement due to insufficient allegations of pre-suit knowledge. Judge Andrews explained, “Plaintiff’s allegations center on Defendants’ alleged knowledge of applications for different patents in the same family as the

Judge Andrews denies request to renew motion to dismiss for lack of venue.

Judge Richard G. Andrews recently denied a defendant’s request to renew its venue-based motion to dismiss.  Invidior Inc. v. Mylan Tech., No. 15-1016 (RGA) (D. Del. July 28, 2017).  Quoting Davis v. Smith, 253 F.2d 286, 288 (3d Cir. 1958), the Court explained, “[a] litigant waives its right to contest venue when ‘the litigant performs some act

Judge Andrews grants motion to file amended and supplemental complaint

Judge Richard G. Andrews recently granted Purdue Pharma L.P.’s motion to file an amended and supplemental complaint to add a patent from the same family already at issue in the case.  Purdue Pharma L.P. v. Epic Pharma, LLC, No. 16-87-RGA (D. Del. Jul. 27, 2017).  In doing so, Judge Andrews also permitted plaintiff to plead

Judge Andrews decision on motions in limine in advance of bench trial

Judge Richard G. Andrews recently considered motions in limine filed in advance of the bench trial in Novartis Pharmaceuticals Corporation v. West-Ward Pharmaceuticals International Limited, No. 15-474-RGA (D. Del. Jun. 30, 2017).  Plaintiffs moved to exclude certain “points” of Defendant’s invalidity experts disclosed during deposition.  Judge Andrews ordered that  Plaintiffs could serve limited reports responding to those

Judge Andrews considers motions in limine

In Omeros Corporation v. Par Sterile Products, LLC, et al., C.A. No. 15-773-RGA (D. Del. June 22, 2017) (“June 22 Order”), Judge Richard G. Andrews considered several of Plaintiff’s motions in limine in advance of the pre-trial conference and, following the conference, issued a subsequent ruling on one of the motions.  C.A. No. 15-773-RGA (D.

Judge Andrews grants motion to dismiss infringement allegations

Judge Richard G. Andrews recently considered defendants’ renewed motion to dismiss plaintiffs’ amended complaint.  Sipco, LLC v. Streetline, Inc., No. 16-830-RGA (D. Del. Jun. 21, 2017).  Judge Andrews previously granted defendants’ first motion to dismiss finding that the complaint made “no attempt to connect anything in the patent claims to anything about any of the