By Memorandum Opinion entered by The Honorable Colm F. Connolly in HIP, Inc. v. Hormel Foods Corp. et al., Civil Action No. 18-1615-CFC (D.Del. June 24, 2019), the Court granted Defendants Motion for Summary Judgment of Indefiniteness and declaring U.S. Patent Number 9,510,610 (“the ‘610 patent”) invalid under 35 U.S.C. § 112. The ‘610 patent is directed to a method of producing a pre-cooked sliced bacon product on an industrial scale. Id. at *5. “A…

By Memorandum Order entered by The Honorable Richard G. Andrews in TQ Delta, LLC v. 2Wire, Inc., Civil Action No. 13-1835-RGA (D.Del. June 24, 2019), the Court denied Plaintiff’s Motion for Reconsideration of the Court’s April 25, 2019 Order regarding Claim 17 of ‘881 Patent. In its motion for reargument/reconsideration, Plaintiff claimed that the Court made two clear errors of law in its prior Order. First, Plaintiff claimed that the Court made a clear error…

By Memorandum Order entered by The Honorable Leonard P. Stark in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al., Civil Action No. 17-275-LPS (D.Del. June 12, 2019), the Court granted Plaintiff’s motion for reconsideration of the portion of the Court’s Claim Construction Order that determined that the term “kinetic steps” in claim 1 of U.S. Patent No. 9,678,056 is indefinite. Initially, the Court concluded that “claim 1 ‘requires that the enzymatic…

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Abbott Cardiovascular Systems, Inc. et al. v. Edwards Lifesciences Corp. et al., Civil Action No. 19-149-MN (D.Del. June 6, 2019), the Court denied the motion for preliminary injunction of Plaintiffs, Abbott Cardiovascular Systems, Inc. and Evalve, Inc., seeking to enjoin Defendants, Edwards Lifesciences Corp. and Edwards Lifesciences, LLC, from manufacturing their PASCAL mitral valve system in the United States.  Plaintiffs claimed that Defendants’ product infringed…

By Memorandum Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Essentiv LLC et al., Civil Action No. 16-662-MN (D.Del. May 31, 2019), the Court granted the motion to stay of defendants pending resolution of plaintiff’s appeal to the Federal Circuit of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision in the inter partes review (“IPR”) of U.S. Patent No. 9,394,216 (“the ‘216 patent”) finding that all claims of the ‘216…

By Memorandum Opinion entered by The Honorable Maryellen Noreika in Viretem Ventures, LLC v. YouTube, LLC and Google, LLC, Civil Action No. 18-917 – MN (D.Del. May 16, 2019), the Court denied the motion of Defendants YouTube, LLC (“YouTube”) and Google LLC(“Google”) to transfer venue of the patent infringement action asserted by Plaintiff Virentem Ventures LLC (“Plaintiff”) to the Northern District of California pursuant to 28 U.S.C. § 1404(a). Plaintiff, YouTube and Google are all…

By Memorandum Order entered by The Honorable Richard G. Andrews in M. Denise Tolliver v. Highmark BCBSD, Inc., Civil Action No. 18-797-RGA (D.Del. May 13, 2019), the Court denied Plaintiff’s motion for reconsideration of the Court’s previous order denying remand to state court. In denying the motion, the Court explained that “[t]he purpose of a motion for reconsideration is to ‘correct manifest errors of law or fact or to present newly discovered evidence. A proper…