Judge Fallon resolves protective order disputes regarding source code

In Fraunhofer-Gesellschaft Zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., C.A. No. 17-184-JFB-SRF (D. Del. Oct. 13, 2017), Magistrate Judge Sherry R. Fallon issued a Memorandum Order resolving the parties’ disputes regarding the terms of a protective order relating to source code.  The Court first ruled that Defendant’s definition of source code

Judge Fallon Grants-in-Part, Denies-in-Part Cross Motions to Compel

In this litigation involving implantable power-injectable port products, Judge Fallon addressed several motions to compel, primarily brought by the Defendant. Judge Fallon first ruled that Plaintiff Bard need not produce “documentation of Bard’s Vortex power injection testing” because Bard had already produced all documents regarding testing of Vortex port products and the documents sought do

Judge Fallon denies plaintiff’s motion to compel cross-production of defendants’ licenses

Magistrate Judge Sherry R. Fallon recently considered plaintiff’s motion to compel defendants to cross-produce their Long Term Evolution (“LTE”) Licenses across the six related cases filed by plaintiff.  Evolved Wireless, LLC v. Apple Inc., et al., No. 15-542-SLR-SRF, et al. (D. Del. July 26, 2017).  The protective order in these cases permitted cross-production of defendants’

Judge Fallon grants leave to add prior use affirmative defense

In Boston Scientific Corporation, et al. v. Edwards Lifesciences Corporation, C.A. No. 16-275-SLR-SRF (D. Del. Feb. 28, 2017), Magistrate Judge Sherry R. Fallon granted defendant and counterclaim/third-party plaintiff (collectively, “Edwards”)’s motion for leave to amend their answer to add a prior use defense pursuant to 35 U.S.C. § 273. Evaluating the proposed amendment under Rule

Judge Fallon recommends denial of motion to transfer, partial grant of motion to dismiss indirect infringement claims

In Collabo Innovations, Inc. v. Omnivision Technologies, Inc., C.A. No. 16-197-SLR-SRF (D. Del. Jan. 25, 2017), Magistrate Judge Sherry R. Fallon considered Defendant’s motion to transfer to the Northern District of California as well as its motion to dismiss indirect infringement claims based on an alleged lack of pre-suit knowledge. The Court denied the motion

Judge Fallon rejects protective order provision that would reveal documents to be disclosed to foreign counsel

In Boston Scientific Corp., et al. v. Edwards Lifesciences Corp., et al., C.A. No. 16-275-SLR-SRF (D. Del. Dec. 27, 2016), Magistrate Judge Sherry R. Fallon denied Defendants’ request to include in the protective order an objection procedure for disclosure of confidential material to non-U.S. counsel in counterpart litigation. The Court concluded that the following provision

Magistrate Judge Fallon decides motion to compel regarding core technical documents, requests for production, and interrogatories, largely denying the motion

Magistrate Judge Sherry R. Fallon recently considered plaintiff’s motion to compel defendant to supplement its document production and responses to certain interrogatories.  Regarding production of core technical documents, Plaintiff requested certain categories of documents, including: (1) requirement and in-house technical specifications; (2) design documents; (3) scope of work documents and schedules; (4) vendor specifications; (5)

Judge Fallon recommends denying motion to dismiss for lack of personal jurisdiction

In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommended denying foreign defendants TCL Communication Technology Holdings Limited (“TCL Holdings”) and TCT Mobile Limited’s (“TCT Hong Kong”) motion to dismiss for lack of personal jurisdiction. Godo Kaisha IP Bridge 1 v. TCL Communication Technology  Holdings Limited, C.A. No. 15-634-SLR-SRF (D. Del. Aug. 17, 2016). Judge

Judge Fallon recommends denying motion to transfer to Southern District of Texas

In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommended that the court deny defendant Baker Hughes, Incorporated’s (“Baker”) motion to transfer venue to the Southern District of Texas pursuant to 28 U.S.C. § 1404(a). Smith International, Inc. v. Baker Hughes Incorporated, C.A. No. 16-56-SLR-SRF (D. Del. Aug. 10, 2016). Judge Fallon concluded that

Judge Fallon recommends denying motion to transfer to District of Minnesota

In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommend that the court deny defendant’s motion to transfer to the District of Minnesota pursuant to 28 U.S.C. § 1404(a). Husqvarna AB et al. v. The Toro Company, C.A. No. 15-856-SLR-SRF (D. Del. Aug. 11, 2016). Judge Fallon found that “[o]nly [defendant’s] forum preference