Judge Robinson finds patents related to mobile phones and devices using LTE standard not directed to unpatentable subject matter

Judge Sue L. Robinson recently considered Defendants’ motion for judgment on the pleadings that the patents-in-suit, related to mobile phones and devices using the LTE standard, claim patent-ineligible subject matter under 35 U.S.C. § 101.  Evolved Wireless, LLC v. Apple, Inc., et al., No. 15-542-SLR, et al. (D. Del. Oct. 31, 2016).  Defendants argued that the

Judge Robinson Dismisses DJ Claim Following Covenant not to Sue, Retains Jurisdiction Over Trademark Claims

Declaratory judgment plaintiff Pride Manufacturing filed suit seeking a declaratory judgment that Defendant Evolve Golf’s design patent and US trademark are invalid and not infringed. Evolve answered the complaint, asserting counterclaims of trademark infringement but admitting the Pride does not infringe the design patent. Evolve then sent Pride a release and covenant not-to-sue on the

Judge Robinson finds preamble limiting in claim construction decision

In Sony Corporation v. Pace PLC, et al., C.A. No. 15-288-SLR (D. Del. Oct. 24, 2016), Judge Sue L. Robinson issued a claim construction order in which Her Honor concluded that one preamble of an asserted claim was limiting.   The preamble recited: “[a]n information reproducing device for reproducing an information recording medium in which audio

Judge Robinson Grants Stay Pending PTO Review of Patent-in-Suit

Judge Robinson recently considered a motion to stay litigation in a case where “the parties are competitors that have aggressively pursued their respective legal options to further their respective business interests . . . [including] expedited review of the [patent-in-suit], and fil[ing] suit against defendant shortly after its issuance.” Husqvarna AB, et al. v. The

Judge Robinson grants motion to amend answer to add improper inventorship defense.

In a memorandum order issued yesterday, Judge Sue L. Robinson granted defendants’ motion to amend to add the defense of improper inventorship.  Intellectual Ventures I LLC v. Toshiba Corp. et al., Civ. No. 13-453-SLR (D. Del. Sept. 7, 2016).  The motion was filed shortly before the close of expert discovery and following the deposition of

Judge Robinson indicates court will use adverse instruction to resolve dispute over sufficiency of defendants’ document collection and production from parent

Judge Sue L. Robinson recently issued an order holding that, absent the parties’ consensual resolution to the dispute over the sufficiency of defendants’ production, the Court will “use an adverse inference jury instruction regarding infringement[.]” Intellectual Ventures I LLC v. Ricoh Americas Corporation, et al., No. 13-474-SLR-SRF (D. Del. Aug. 17, 2016).  Judge Robinson previously expressed concern that defendants

Judge Robinson considers adequacy of infringement allegations post-abrogration of Form 18 and post-Halo

Judge Robinson recently considered defendant’s motion to dismiss for failure to state a claim, applying Twombly and Iqbal under the amended Federal Rules abrogating Form 18 for pleading direct infringement, and post-Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S.Ct. 1923, 1932 (2016).   Dermafocus LLC v. Ulthera, Inc., No. 15-654-SLR (D. Del. Aug. 11, 2016).  Judge Robinson analyzed

Judge Robinson denies motion for preliminary injunction

In Verifone, Inc. v. Poynt Co., C.A. No. 16-105-SLR (D. Del. Aug. 11, 2016), a trademark infringement action, Judge Sue L. Robinson denied Plaintiff’s motion for a preliminary injunction. The majority of the opinion addressed likelihood of success on the merits, looking to whether there was likelihood of confusion between the parties’ marks. See id.

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 Robinson denies ANDA defendants’ motion to dismiss for lack of personal jurisdiction.

Judge Sue L. Robinson recently denied Mylan ANDA defendants’ motion to dismiss for lack of personal jurisdiction and improper venue.  Pfizer Inc. v. Mylan Inc., Civ. No. 15-960-SLR (D. Del. Aug. 12, 2016).  The Court explained that, under Daimler, the defendants’ regular and routine litigation in Delaware and systematic placement of goods into the stream