Judge Robinson adopts Judge Fallon’s report and recommendation denying plaintiff’s motion to compel, but potentially limits defendants’ use of corporate parent’s information in defense

On March 10, 2016, Magistrate Judge Sherry R. Fallon issued a report and recommendation denying plaintiff Intellectual Ventures I LLC’s (“IV”) motion to compel defendant Ricoh Electronics, Inc. (“REI”) to produce certain documents in the possession of Ricoh Company, Ltd. (“RCL”), and to produce 30(b)(6) witnesses to testify regarding certain RCL documents that had been

Judge Fallon recommends dismissing willful infringement and pre-complaint indirect infringement claims

In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon recommended that the Court dismiss plaintiff’s (“Evolved Wireless”) willful infringement claims and claims for pre-complaint inducement and contributory infringement pursuant to FRCP 12(b)(6). Evolved Wireless, LLC v. Samsung Electronics Co., Ltd., C.A. No. 15-545-SLR-SRF (D. Del. Mar. 15, 2016). Judge Fallon first addressed defendants’ (“Samsung”)

Magistrate Judge Fallon Recommends Denial of 12(b)(2) Motion Without Prejudice and Limited Jurisdictional Discovery.

Magistrate Judge Sherry R. Fallon recently denied without prejudice a foreign defendant’s motion to dismiss for lack of personal jurisdiction.  Sony Corp. v. Pace PLC, et al., Civ. No. 15-288-SLR (D. Del. Feb. 12, 2016).  It was undisputed that the defendant, a United Kingdom corporation with its principal place of business in England, designed allegedly

Judge Fallon recommends the court deny motion to dismiss willful infringement, grant-in-part motion to dismiss inequitable conduct with leave to amend

Judge Fallon recently considered a renewed motion to dismiss Courtesy Products L.L.C.’s willful infringement claims filed by defendant Hamilton Beach Brands, Inc.; as well as Courtesy Products’ motion to dismiss and strike Hamilton Beach’s inequitable conduct claims.  Courtesy Products L.L.C. v. Hamilton Beach Brands, Inc., C.A. No. 13-2012-SLR-SRF (D. Del. Oct. 20, 2015). Judge Fallon recommended

Judge Fallon grants motion to amend complaint to add causes of action for willful infringement

After previously dismissing plaintiffs’ original allegations of willful infringement, Judge Fallon recently granted plaintiffs’ motion for leave to file an amended complaint to add claims of willful infringement.  Intellectual Ventures I LLC, et al. v. Toshiba Corporation, at al., C.A. No. 13-453-SLR-SRF (D. Del. Aug. 17, 2015).  Despite the passage of eight months between the original

Magistrate Judge Fallon Recommends Denial of Transfer and Judgment on Pleadings, Grant of Motion to Dismiss Contributory Infringement

Magistrate Judge Fallon recently issued a report and recommendation in litigation between Merck and Teva over Teva’s proposed generic version of mometasone furoate nasal spray, marketed by Merck as Nasonex®. Merck Sharp & Dohme Corp. v. Teva Pharmaceuticals USA, Inc., C.A. No. 14-874-SLR-SRF, Report and Recommendation at 1-2 (D. Del. July 1, 2015). Judge Fallon

Judge Fallon recommends denying plaintiff’s motion to dismiss defendant’s state law counterclaims alleging tortious interference and unfair competition, among others

Magistrate Judge Sherry R. Fallon recently issued a Report and Recommendation, recommending that the Court deny plaintiff’s motion to dismiss defendant’s state law counterclaims.  GPNE Corp v. Fleetmatics USA, LLC, C.A. No. 13-2049-SLR-SRF (D. Del. Feb. 20, 2015).  Plaintiff argued first that defendant’s state law tort claims are preempted by federal law because defendant could

Judge Fallon recommends court grant summary judgment and dismiss action for lack of patentable subject matter

In a recent report and recommendation, Magistrate Judge Sherry R. Fallon considered defendants’ motion for summary judgment, which alleged that the patents-in-suit, U.S. Patent Nos. 7,418,409 (“the ’409 patent”) and 8,145,536 (“the ’536 patent”), are invalid because they fail to meet the subject matter eligibility requirements of 35 U.S.C. § 101. Tenon & Groove, LLC

Judge Fallon grants motion to strike summary judgment and Daubert papers

In a recent Memorandum Opinion, Magistrate Judge Sherry R. Fallon granted defendants’ motion to strike plaintiff’s opening summary judgment and Daubert papers, but also ruled that plaintiff may file “amended briefs and exhibits within fourteen (14) days.” Monec Holding AG v. Motorola Mobility, Inc., C.A. No. 11-798-LPS-SRF (D. Del. Sept. 5, 2014). Defendants moved to

Magistrate Judge Fallon recommends denial of motion to transfer to N.D. Cal

Magistrate Judge Sherry R. Fallon recently recommended that a defendant’s motion to transfer to the Northern District of California be denied. Wireless Media Innovations, LLC v. Leapfrog Enterprises, Inc., C.A. No. 13-1545-SLR-SRF, Report and Recommendation (D. Del. Mar. 20, 2014). Plaintiff and defendant were both Delaware corporations. Defendant’s documents, employees and anticipated witnesses were in