Judge Robinson grants motion for costs and leave to amend affirmative defenses

In a recent Memorandum Order, Judge Sue L. Robinson granted defendant’s motion for costs. Quest Integrity USA, LLC v. Cokebusters USA, Inc., C.A. No. 14-1483-SLR (D. Del. Mar. 28, 2017). Defendant had issued a subpoena to a third party after plaintiff indicated that it did not have documents related to a particular issue. Id. at 1. Plaintiff

Judge Robinson grant’s motions for summary judgment on invalidity and non-infringement

Senior Judge Sue L. Robinson recently considered the parties’ summary judgment motions in Quest Integrity USA, LLC v. Clean Harbors Industrial Services, Inc., et al., No. 14-1482-SLR, 14-1483-SLR (D. Del. Mar. 28, 2017).  Judge Robinson granted defendants’ motion for summary judgment that claims 1, 11, 12, 13, 24, 25, 27, 28, 30, 33, and 37 of

Judge Robinson grants motion to transfer to the Northern District of Ohio

In Mitchell Ellis Products, Inc. v. Agrinomix LLC, C. A. No. 16-367-SLR (D. Del. Mar. 16, 2017), Judge Sue L. Robinson granted a motion to transfer of a defendant that, while a Delaware company, only had operations and advertisement in Ohio and had not sold any accused products in Delaware.  The Court, as in other

Judge Robinson Takes Senior Status; Court Announces Changes to Case Assignment Procedures

The United States District Court for the District of Delaware announced today that, coinciding with the celebration of her birthday, the Honorable Sue L. Robinson has become a Senior United States District Court Judge. Judge Robinson intends to serve the District of Delaware as a Senior Judge until this summer. The Court, in light of

Judge Robinson grants summary judgment of non-infringement based on collateral estoppel

In Arcelormittal, et al. v. AK Steel Corporation, C.A. No. 13-685-SLR (D. Del. Jan. 19, 2017), Judge Sue L. Robinson granted Defendant’s motion for summary judgment as to non-infringement based on collateral estoppel. Discovery in the present action was limited to evaluating whether Defendant’s accused products had changed since the verdict in a prior action

Judge Robinson revisits, but does not change, prior decision regarding scope of IPR estoppel

Judge Sue L. Robinson revisited the scope of the statutory estoppel applicable in view of instituted IPR proceedings.  Intellectual Ventures I LLC v. Toshiba Corporation, No. 13-453-SLR (D. Del. Jan. 11, 2017).  Judge Robinson previously held that Toshiba was not estopped from presenting a certain obviousness combination at trial because an IPR was not instituted on that

Judge Robinson Applies IPR Estoppel in District Court Litigation

Judge Sue L. Robinson recently issued a summary judgment opinion addressing a host of non-infringement and invalidity arguments. Among the arguments raised was a motion for summary judgment to “prevent [the defendant, Toshiba] from asserting invalidity challenges against the ‘819 patent, because Toshiba was the petitioner in an inter partes review (‘IPR’) in which the

Judge Robinson grants leave to file second amended complaint

Judge Sue L. Robinson recently granted a plaintiff’s motion for leave to file a second amended complaint alleging induced infringement.  Takeda Pharmaceuticals U.S.A., Inc. v. West-Ward Pharmaceutical Corp., et al., C.A. No. 14-1268-SLR (D. Del. Dec. 14, 2016).  The second amended complaint alleged that the defendant induced infringement of the plaintiff’s patents through its sales personnel

Judge Robinson grants renewed motion to dismiss for lack of personal jurisdiction

In DNA Genotek Inc. v. Spectrum DNA, et al., C.A. No. 15-661-SLR (D. Del. Dec. 14, 2016), Judge Sue L. Robinson granted Defendants’ renewed motion to dismiss due to lack of personal jurisdiction, having ordered jurisdictional discovery when denying the first motion. Defendants manufactured a saliva collection device for a third-party DNA testing service (“Ancestry”)

Judge Robinson resolves disputes regarding motion to amend, limitations on asserted claims and prior art, and work product doctrine

In a recent Memorandum Order, Judge Sue L. Robinson resolved various disputes, including defendant’s motion for leave to amend with antitrust counterclaims, limitations on asserted claims and prior art, and whether a certain affidavit was protected under the work product doctrine. Quest Integrity USA, LLC v. Clean Harbors Industrial Services, Inc., C.A. Nos. 14-1482, 14-1483-SLR