Judge Andrews grants motion for summary judgment of non-infringement

Judge Richard G. Andrews recently granted a defendant’s motion for summary judgment of non-infringement under the doctrine of equivalents.  Blackbird Tech, LLC d/b/a Blackbird Technologies v. Lululemon Athletica, Inc., C.A. No. 15-930-RGA (D. Del. June 14, 2017).  At issue was patented sports bra technology, and whether the defendant’s product infringed where the straps of itsContinue reading “Judge Andrews grants motion for summary judgment of non-infringement”

Judge Andrews denies joint request to modify case schedule

Judge Richard G. Andrews recently denied the parties’ joint request to modify the case schedule, without prejudice to be renewed as directed in the Court’s order.  AstraZeneca LP v. Sigmapharm Laboratories, LLC, No. 15-1000-RGA (D. Del. June 9, 2017).  In particular, the Court noted that the bases for the parties’ request, the complexity of the caseContinue reading “Judge Andrews denies joint request to modify case schedule”

Judge Andrews denies motion to compel compliance with subpoena for failure to file in proper jurisdiction, orders briefing on sanctions

Judge Richard G. Andrews recently considered plaintiff’s motion to compel third party Broadcom to produce documents in response to a subpoena.  TQ Delta LLC v. 2Wire Inc., No. 13-1835-RGA (D. Del. June 13, 2017).  Broadcom opposed the motion arguing that plaintiff was required to file the motion in the district where compliance was required, i.e.,Continue reading “Judge Andrews denies motion to compel compliance with subpoena for failure to file in proper jurisdiction, orders briefing on sanctions”

Judge Andrews denies motion for judgment on the pleadings premised on argument that certificates of correction were invalid

In B. Braun Melsungen AG, et al. v. Becton, Dickinson and Company, et al, C.A. No. 16-411-RGA (D. Del. June 9, 2017), Judge Richard G. Andrews recently denied a motion for judgment on the pleadings seeking to invalidate three asserted patents based on a fourth asserted patent claimed to be 102(b) prior art.  The defendants’ motion wasContinue reading “Judge Andrews denies motion for judgment on the pleadings premised on argument that certificates of correction were invalid”

Judge Andrews Addresses 112(f) Claims in Claim Construction Ruling

Judge Andrews recently issued a claim construction decision in this case, which included construction of several means-plus-function limitations which were found to be indefinite as well as limitations which were found not to be means-plus-function limitations or were not indefinite despite being claimed in means-plus-function format. Judge Andrews found that a “JavaScript cookie” described inContinue reading “Judge Andrews Addresses 112(f) Claims in Claim Construction Ruling”

Judge Andrews on Timing of Amended Complaint Adding Willful Infringement Count

In this case, the scheduling order set a deadline to amend pleadings of December 15, 2015. The Supreme Court decided Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), on June 13, 2016. Plaintiff filed a motion for leave to amend the complaint to add a count of willful infringement on JanuaryContinue reading “Judge Andrews on Timing of Amended Complaint Adding Willful Infringement Count”

Judge Andrews denies Daubert motion to exclude invalidity expert testimony and summary judgment motion as to no invalidity

In AVM Technologies, LLC v. Intel Corporation, C.A. No. 15-33-RGA (D. Del. Apr. 28, 2017), Judge Richard G. Andrews denied Plaintiff’s Daubert motion and motion for summary judgment that both implicated a particular piece of alleged prior art, the Pentium Pro (“P6”).  As to the Daubert motion, Plaintiff argued that Defendant’s expert’s anticipation opinion relatingContinue reading “Judge Andrews denies Daubert motion to exclude invalidity expert testimony and summary judgment motion as to no invalidity”

Judge Andrews denies several Daubert motions, grants one in part

In a recent Memorandum Order, Judge Richard G. Andrews denied four motions by plaintiff to exclude expert testimony, and granted one in part. AVM Technologies, LLC v Intel Corp., C.A. No. 15-33-RGA (D. Del. Apr. 29, 2017).  In support of two of the motions that Judge Andrews denied, plaintiff argued that the expert reports were “untimelyContinue reading “Judge Andrews denies several Daubert motions, grants one in part”

Judge Andrews denies motion to strike expert testimony and motion for partial summary judgment

In a recent Memorandum Order, Judge Richard G. Andrews denied plaintiff’s motion to strike expert testimony on the question of utility and motion for partial summary judgment on defendant’s utility defense. AVM Technologies, LLC v. Intel Corp., C.A. No. 15-33-RGA (D. Del. Apr. 27, 2017). Plaintiff’s objection to the testimony of defendant’s expert in itsContinue reading “Judge Andrews denies motion to strike expert testimony and motion for partial summary judgment”

Judge Andrews Decides What Evidence Will Be Presented At Jury Trial Regarding Reasonable Royalty and Reverse Doctrine of Equivalents

Judge Andrews has issued several orders in this litigation between AVM Technologies and Intel, which is approaching trial. In one order, Judge Andrews addressed whether Intel’s reverse doctrine of equivalents theory should be decided by a jury or the Court. After considering authority submitted by the parties that supported both positions, Judge Andrews determined thatContinue reading “Judge Andrews Decides What Evidence Will Be Presented At Jury Trial Regarding Reasonable Royalty and Reverse Doctrine of Equivalents”