With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients,
Delaware Intellectual Property Litigation
Intellectual Property and Antitrust Litigation in Delaware
The Delaware Intellectual Property Litigation blog, published by Fox Rothschild LLP, focuses on legal developments and court decisions related to intellectual property disputes in Delaware. It covers topics such as patent infringement claims, claim construction disputes, motions to dismiss, inventorship controversies, and false advertising under the Lanham Act. The blog reports on rulings by Delaware district judges and magistrate judges, highlighting procedural and substantive issues in IP litigation, including patent validity, infringement allegations, and remedies. It also addresses the interplay between federal patent law and state law claims in the context of intellectual property cases.
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Judge Fallon Finds Plaintiff’s Allegations of Induced Infringement of Certain Patents-in-Suit Deficient
In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims…
Judge Andrews Grants Defendants’ Motion to Dismiss Willfulness and Contributory Infringement Claims in Patent Infringement Action
By Memorandum Order entered by The Honorable Richard G. Andrews in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC et al., Civil Action No. 19-2157-RGA (D.Del., May 5, 2020), the Court granted Defendants’ partial motion to dismiss in part by dismissing…
High Court Trademark Profit Ruling May Not Wreak Havoc on 3rd Circuit
High Court TM Profit Ruling May Not Wreak Havoc On 3rd Circ.
A copy of the Article is attached.
U.S. Supreme Court Holds Disgorgement of Profits Is Available Remedy in Trademark Infringement Action Without Showing of Willful Infringement
In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement…
Judge Connolly Denies Defendants’ Motions to Dismiss Asserting Patent-Ineligible Subject Matter
By Memorandum Order entered by The Honorable Colm F. Connolly in Sound View Innovations, LLC v. Delta Air Lines, Inc., Civil Action No. 19-659-CFC (D.Del. April 3, 2020) (consolidated), the Court denied the Federal Rule of Civil Procedure 12(b)(6) motions…
Chief Judge Stark Finds that Defendant Hospira Does Not Infringe Plaintiff Belcher’s Patent-in-Suit and Patent is Invalid and Unenforceable
By Opinion entered by The Honorable Leonard P. Stark in Belcher Pharmaceutical, LLC v. Hospira, Inc., Civil Action No. 17-775-LPS (D.Del. March 31, 2020), following a two day bench trial and post-trial briefing in the action filed by plaintiff Belcher…
Judge Andrews Grants Defendant’s Motion to Dismiss After Finding the Asserted Claims of the Patents-in-Suit are Patent-Ineligible Under Alice Analysis
By Memorandum Opinion entered by The Honorable Richard G. Andrews in Rondevoo Technologies, LLC v. Aernos, Inc., Civil Action No. 19-680-RGA (D.Del. March 24, 2020), the Court granted Defendant’s Rule 12(b)(6) motion to dismiss for failure to state a claim…
Governor Carney Issues Stay at Home Order in Delaware to Help Curb Spread of Coronavirus
On March 22, 2020, Delaware Governor John Carney issued his Fourth and Fifth Modifications of the Declaration of a State of Emergency in the State of Delaware Due to a Public Health Threat. The latest Stay at Home Order follows…