Judge Fallon recommends denial of plaintiffs’ motion to stay pending inter partes review

In Nexans Inc. et al. v. Belden Inc. et al., C.A. No. 12-1491-SLR-SRF (D. Del. Feb. 19, 2014), Magistrate Judge Sherry R. Fallon issued a report recommending the denial of plaintiffs’ motion to stay pending the PTO’s inter partes review (“IPR”) determination regarding the validity of United States Patent Nos. 6,074,503; 7,135,641; 7,977,575; and 7,663,061.Continue reading “Judge Fallon recommends denial of plaintiffs’ motion to stay pending inter partes review”

Magistrate Judge Fallon recommends dismissing amended complaint for lack of subject matter jurisdiction

In a recent Report and Recommendation, Magistrate Judge Sherry R. Fallon found that plaintiff’s amended complaint, asserting U.S. Patent No. 6,587,441 (“the ‘441 Patent”), should be dismissed for lack of subject matter jurisdiction. Mayfair Wireless LLC v. Celico Partnership et al., 11-772-SLR-SRF (D. Del. Aug. 30, 2013). Defendants argued there existed “three breaks in theContinue reading “Magistrate Judge Fallon recommends dismissing amended complaint for lack of subject matter jurisdiction”

Judge Fallon denies defendant’s motion to transfer venue, denies plaintiff’s motion to strike

In a recent memorandum opinion, Magistrate Judge Sherry R. Fallon denied defendant’s motion to transfer venue to the Northern District of California and denied plaintiff’s motion to strike portions of the declaration of William Pringle, who defendant employs as a compliance associate. Agincourt Gaming, LLC v. Zynga, Inc., C.A. No. 11-720-RGA-SRF (D. Del. Jun. 18,Continue reading “Judge Fallon denies defendant’s motion to transfer venue, denies plaintiff’s motion to strike”

Magistrate Judge Fallon recommends dismissal of pro se patent infringement complaint for lack of standing.

Magistrate Judge Sherry R. Fallon recently recommended the dismissal of a pro se patent infringement complaint filed against the United States, various United States officials, and Kannalife Sciences, Inc. McDowell v. U.S., et al., C.A. No. 12-1302-SLR-SRF (D. Del. May 10, 2013). The pro se plaintiff was the inventor of U.S. Patent No. 7,597,910, “directedContinue reading “Magistrate Judge Fallon recommends dismissal of pro se patent infringement complaint for lack of standing.”

Magistrate Judge Fallon recommends dismissal of plaintiff’s indirect and willful infringement claims.

Magistrate Judge Sherry R. Fallon recently recommended that the court grant defendant Staples, Inc.’s 12(b)(6) motion to dismiss claims made against it for indirect and willful infringement of U.S. Patent No. 6,216,139. Execware, LLC v. Staples, Inc., C.A. No. 11-836-LPS-SRF (D. Del. Dec. 10, 2012). Judge Fallon first addressed plaintiff’s indirect infringement claims, which includedContinue reading “Magistrate Judge Fallon recommends dismissal of plaintiff’s indirect and willful infringement claims.”

Judge Fallon Recommends Dismissal of Claims for Indirect Infringement and Willfulness in Multi-Defendant Patent Case Where Plaintiff Failed to Sufficiently Allege That Defendants had “Actual Knowledge”

In Monec Holding AG v. Motorola Mobility, Inc., et al., C.A. No. 11-798-LPS-SRF (D. Del.), Magistrate Judge Fallon recently issued a Report and Recommendation recommending that defendants’ motion to dismiss plaintiff’s claims for indirect infringement and willfulness be granted. Id. at 1. In the case, plaintiff filed suit against multiple defendants alleging willful, direct andContinue reading “Judge Fallon Recommends Dismissal of Claims for Indirect Infringement and Willfulness in Multi-Defendant Patent Case Where Plaintiff Failed to Sufficiently Allege That Defendants had “Actual Knowledge””

Magistrate Judge Fallon recommends transfer to District of Minnesota

In Ivoclar Vivadent AG v. 3M Company, C.A. No. 11-1183-GMS-SRF (D. Del. June 22, 2012), defendant filed a motion to transfer the case to the District of Minnesota where defendant first-filed a declaratory judgment action against plaintiff for non-infringement and invalidity of the same patent. Id. at 1-4. Plaintiff, a Liechtenstein company, opposed defendant’s motionContinue reading “Magistrate Judge Fallon recommends transfer to District of Minnesota”