Judge Robinson denies motion for attorneys’ fees

In John H. Stephenson v. Game Show Network, LLC, et al., C.A. No. 12-614-SLR (D. Del. July 11, 2017), Judge Sue L. Robinson denied Defendants’ motion requesting an exceptional case finding and for attorneys’ fees. Defendants essentially argued the case was exceptional due to Plaintiff’s litigation conduct where Defendants’ “initial evaluation of the [patent-in-suit] as

Judge Robinson Rejects Section 101 Challenge to Smart Power Meter Patent

Judge Robinson recently denied a motion to dismiss under Section 101, finding that the invention in question was not directed to an abstract idea. The claim in question, claim 17 of U.S. Patent No. 7,058,524, reads as follows: A method of measuring power consumption information on a power line comprising: measuring current fluctuations in the

Judge Robinson Denies Motion for Preliminary Injunction

Judge Robinson has issued an order denying a motion for preliminary injunction in a case under the Patent Act, the Defend Trade Secrets Act, and Delaware state law. The case involves a dispute over “hair styling products in the newly-created ‘bond builder’ market category.” The Plaintiffs developed this product and “revenues quickly grew to the

Judge Robinson stays remaining declaratory judgment claim pending appeal of the court’s summary judgment decisions

Judge Robinson recently considered the parties’ briefing in connection with submission of the final judgment, staying defendant’s declaratory judgment claim of non-infringement for the remaining claim at issue pending appeal.  Quest Integrity USA, LLC v. Cokebusters USA Inc., No. 14-1483-SLR (D. Del. Jun. 30, 2017).  Judge Robinson previously denied defendants’ motions for summary judgment as to invalidity

Judge Robinson orders broad subject matter waiver based on opinion-of-counsel defense.

Judge Sue L. Robinson recently ordered defendants asserting an opinion-of-counsel defense to “product all documents and communications, whether listed on defendants’ privilege log or not, other than communications with trial counsel, that address” validity or infringement of the patent-in-suit.   Johns Hopkins Univ. v. Alcon Labs., Inc., Civ. No. 15-525-SLR/SRF (D. Del. June. 14, 2017).  The

Judge Robinson grants in part motion for judgment as a matter of law increasing jury’s damages award

Judge Sue L. Robinson recently granted in part a motion for judgment as a matter of law on damages “because defendant did not present opinion testimony from an expert witness on damages, and ‘the amount of damages has not been put in dispute.’”  Ironworks Patents, LLC v. Apple, Inc., Civ. No. 10-258-SLR (D. Del. June

Judge Robinson denies Section 101 motion

In Paltak Holdings, Inc. v. Riot Games, Inc., C.A. No. 16-1240-SLR (D.Del. May 15, 2017), Judge Sue L. Robinson denied Defendant’s motion to dismiss due to lack of patentable subject matter. The patents-in-suit “related to distribution of messages between computers in interactive environments, such as online gaming,” and Defendant argued they were directed to the

Judge Robinson finds preamble limiting

In Judge Sue L. Robinson’s claim construction opinion in C.R. Bard, Inc. et al. v. Angiodynamics, Inc., C.A. No. 15-218-SLR-SRF (D. Del. May 19, 2017), the Court held that the preambles found in the asserted patents were limiting, namely, “an assembly for identifying a power injectable vascular access port, comprising “; “a method of performing

Judge Robinson denies request to produce documents identified on privilege log

Judge Robinson recently considered defendants’ request to compel plaintiff to produce documents identified on plaintiff’s privilege log.  Intellectual Ventures I, LLC v. Toshiba Corp., et al., No. 13-453-SLR.  Judge Robinson reviewed the documents in camera and denied the request finding that the documents “all involve communications to lawyers seeking legal advice.  Plaintiff’s business model does

Judge Robinson denies motions for relief from judgment based on subsequent Section 101 jurisprudence

In Cloud Satchel LLC v. Amazon.com, Inc., C.A. No. 13-941-SLR & v. Barnes & Noble, Inc., C.A. No. 13-942-SLR (D. Del. Mar. 30. 2017), Senior Judge Sue L. Robinson had previously ruled on summary judgment that the patents-in-suit were invalid under Section 101. Plaintiff moved for relief from judgment, arguing that the Court’s “decisions had been