Judge Andrews grants motions to dismiss claims of indirect infringement and willfulness

In IPVenture Inc. v. Lenovo Group Limited, et al., C.A. No. 11-588-RGA (D. Del. June 29, 2012), Judge Andrews recently dismissed plaintiff’s claims of indirect infringement and willfulness. Citing the Federal Circuit’s recent decision in In re Bill of Lading (write up on this opinion by Dennis Crouch at Patently-O), Judge Andrews found that plaintiff’sContinue reading “Judge Andrews grants motions to dismiss claims of indirect infringement and willfulness”

Judge Andrews dismisses inequitable conduct counterclaims

In a recent memorandum opinion, Judge Andrews considered the sufficiency of a defendant’s defensive pleadings, and most notably dismissed inequitable conduct counterclaims for failure to sufficiently plead the “who” and “when” of the alleged misconduct. XpertUniverse, Inc. v. Cisco Systems, Inc., C.A. No. 09-157-RGA (D. Del. June 19, 2012). The Court explained, “[i]n order toContinue reading “Judge Andrews dismisses inequitable conduct counterclaims”

Judge Andrews construes claims for patents related to e-TV guides and scheduling recordings/purchasing programming via computer

In United Video Properties, Inc. et al., v. Amazon.com, Inc., et al., C.A. No. 11-0003-RGA (D. Del. June 22, 2012), Judge Andrews recently construed the following claim terms of the patents-in-suit directed to use of electronic television guides and setting future recordings of television programs or purchasing programming via personal computer (U.S. Patent Nos. 5,988,078;Continue reading “Judge Andrews construes claims for patents related to e-TV guides and scheduling recordings/purchasing programming via computer”

Judge Andrews denies motions to dismiss complaint finding direct infringement allegations pass muster under Form 18

Judge Andrews recently denied defendants’ motions to dismiss plaintiff’s amended complaint in Select Retrieval LLC v. Amerimark Direct LLC, et al., C.A. No. 11-812-RGA (D. Del. June 18, 2012), because the complaint’s “minimal allegations” stating a claim for direct infringement satisifed Rule 18. Id. at 1. Judge Andrews also found plaintiff’s willfulness allegations sufficient becauseContinue reading “Judge Andrews denies motions to dismiss complaint finding direct infringement allegations pass muster under Form 18”

Judge Andrews grants in part motion to exclude expert testimony

In LG Electronics, Inc. v. Asko Appliances, Inc., C.A. No. 08-828-RGA (D. Del. June 22, 2012), Judge Andrews granted-in-part defendants’ motion to exclude plaintiff’s expert. Judge Andrews determined that the expert was not qualified to opine as to whether any reference was “prior art”, but could opine as to “what different references teach, and toContinue reading “Judge Andrews grants in part motion to exclude expert testimony”

Judge Andrews excludes parties’ patent law experts

In St. Jude Medical v. Volcano Corporation, C.A. No. 16-631-RGA-MPT (D. Del. June 15, 2012), Judge Andrews recently considered the parties’ motions to strike expert reports. Plaintiff moved to strike the expert report of defendant’s patent law expert. Id. at 1. Judge Andrews granted plaintiff’s motion finding that the contents of the report, which wasContinue reading “Judge Andrews excludes parties’ patent law experts”

Judge Andrews Affirms Magistrate Judge’s Decision to Exclude Prior Art Evidence as a Sanction for Discovery Violations

In St. Jude Medical, et al. v. Volcano Corp., C.A. No. 10-631-RGA (D. Del. June 5, 2012), Judge Andrews recently affirmed and overruled objections to the Magistrate Judge’s decision to exclude certain prior art evidence that was not properly disclosed by plaintiffs until nearly three months after the close of fact discovery. Id. at 2-3.Continue reading “Judge Andrews Affirms Magistrate Judge’s Decision to Exclude Prior Art Evidence as a Sanction for Discovery Violations”

Judge Andrews construes terms of Walker Digital patent claiming system and method for applying lottery multipliers

In Walker Digital LLC, et al. v. Multi-State Lottery Assoc., C.A. No. 10-1113-RGA (D. Del. June 7, 2012), Judge Andrews construed the following terms of U.S. Patent No. 7,740,537 which claims a system and method to allow a lottery player to increase payout received for winning a lottery game: “multiplier” “is applied to” “in which”Continue reading “Judge Andrews construes terms of Walker Digital patent claiming system and method for applying lottery multipliers”

Judge Andrews grants motion to sever, distinguishes Link_A_Media in denying transfer.

In a recent memorandum opinion, Judge Andrews granted a motion filed by defendant SAS Institute to sever based on improper joinder, but denied SAS’s motion to transfer the case to its home forum in the Eastern District of North Carolina. Investpic, LLC v. SAS Institute, Inc., C.A. No. 10-1028-RGA (D. Del. May 15, 2012). InvestpicContinue reading “Judge Andrews grants motion to sever, distinguishes Link_A_Media in denying transfer.”

Judge Andrews construes claims of patents directed to technology for locating experts

In XpertUniverse, Inc. v. Cisco Systems, Inc., C.A. No. 09-157-RGA (D. Del. Apr. 20, 2012), Judge Andrews recently construed the following claim terms of U.S. Patent Nos. 7,499,903 and 7,366,709 directed at technology for locating an expert using a computer-based inquiry: “underlying plurality of criteria groupings” and “underlying criteria grouping(s)” “skill-set database” “expert having individualizedContinue reading “Judge Andrews construes claims of patents directed to technology for locating experts”