By Memorandum Order entered by The Honorable Colm F. Connolly in F’Real Foods, LLC v. Welbilt, Inc., Civil Action No. 19-1028-CFC (D.Del., October 31, 2019), the Court granted Defendant’s motion to stay the patent infringement action filed in the District of Delaware until the resolution of the parallel patent infringement filed by Plaintiff against Defendant’s business partner in the Southern District of Florida. Upon evaluation of the pertinent factors, the Court found that a stay…

By Memorandum Order entered in Trimr, LLC v. PerfectShaker, Inc., et al., C.A. No. 18-1640-MN (D.Del., October 28, 2019), The Honorable Maryellen Noreika construed three (3) terms in dispute in the patent-in-suit, U.S. Patent No. 9,839,888 (“the ‘888 Patent”). A complete copy of the Memorandum Order is attached.…

By Memorandum Order entered by The Honorable Richard G. Andrews in TC Technology LLC v. Sprint Corp., Civil Action No. 16-153 – RGA (D.Del. October 18, 2019), the Court granted Defendants’ motion to exclude a portion of Plaintiff’s damages expert’s opinion relating to a 5% royalty rate after finding that (1) the opinion failed to analyze the comparability between the patent-in-suit and the VoIP patents; (2) the VoIP patents are no longer part of the…

By Order issued by Chief Judge Stark, the United States District Court for the District of Delaware announced that it is hosting its biennial District of Delaware Bench and Bar Conference on April 30 and May 1, 2020. In order to promote the Conference and facilitate the participation of as many members of the Bar as possible, the Court extended any filing or service obligations falling on April 30 or May 1, 2020 to Monday,…

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Manufacturing Resources Int’l, Inc. v. Civiq Smartscapes, LLC et al., Civil Action No. 17-269-RGA (D.Del. September 30, 2019), the Court granted Plaintiff’s Motion for Leave to Supplement Its Damages Expert Opinion in the patent infringement action. Specifically, the Court permitted Plaintiff’s damages expert to: (1) supplement her previously stricken opinion relating to the calculation of lost profits without using information obtained during settlement discussions;…

By Memorandum Order entered by The Honorable Leonard P. Stark in Align Technology, Inc. v. 3Shape A/S, et al., Civil Action No. 18-1949-LPS-CJB (D.Del. September 19, 2019) the Court granted Defendants’ motion to dismiss in part and denied it in part. In doing so, the Court found that claims 1-9, 16, 17 and 21 of U.S. Patent No. 7,357,634 (the ‘634 Patent) are invalid because those claims are directed to patent-ineligible subject matter pursuant to…

By Memorandum Order entered by The Honorable Richard G. Andrews in Dasso International, Inc. et al. v. Moso North America, Inc. et al., Civil Action No. 17-01574 –RGA (D.Del. September 6, 2019), the Court found that any claim of privilege asserted by Plaintiffs over emails between Plaintiffs, Plaintiffs’ counsel and individuals at HDT, the exclusive licensee of the Chinese counterpart to Plaintiffs’ U.S. Patent No. 8,709,578 (“the ‘578 Patent”), were waived and did not fall…