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Publication Date: 2024-01-08
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-984-WCB
Court granted defendant summary judgment on literal infringement where making a component of device removable to satisfy the patent claim scope would irreparably damage the device, which meant the device could not reasonably literally infringe upon the patent.
Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: 22-1584 (MN)
Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.
Publication Date: 2024-01-01
Practice Area: Personal Injury
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Raeann Warner, Collins, Price & Warner, Wilmington, DE for plaintiff.
for defendant: Michael P. Stafford, Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
Case Number: 23-457 (MN)
Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.
Publication Date: 2024-01-01
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Lance M. Geren, Ashley E. Macaysa, Paul D. Starr, O’Donoghue & O’Donoghue, New Castle, DE for plaintiffs.
for defendant: Laurence V. Cronin Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Donald D. Gamburg, Immon Shafiei, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Philadelphia, PA for defendant.
Case Number: 21-1563-GBW
Court upheld union grievance arbitration award where there was sufficient record evidence to support finding that employer's discovery of employee's on-the-job alcohol intoxication after terminating the employee for other reasons constituted after-acquired evidence.
Publication Date: 2024-01-01
Practice Area: Insurance Law
Industry: Insurance | Investments and Investment Advisory | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Seitz
Attorneys: For plaintiff: Kurt M. Heyman, Aaron M. Nelson, Kelly E. Rowe, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Scott B. Schreiber, William C. Purdue, Samuel I. Ferenc, Matthew L. Farley, Arnold & Porter Kaye Scholer LLP, Washington, D.C.; Bruce E. Jameson, John G. Day, Prickett, Jones, & Elliott, P.A., Wilmington, DE; Tammy Yuen, Juan Luis Garcia, Skarzynski Marick & Black, LLP, New York, NY; Robert J. Katzenstein, Smith Katzenstein & Jenkins LLP, Wilmington, DE; Ronald P. Schiller, Daniel J. Layden, Hangley Aronchik Segal Pudlin & Schiller, Philadelphia, PA; Michael R. Goodstein, Bailey Cavalieri, Columbus, OH; Thomas J. Judge, Jason C. Reichlyn, Dykema Gossett, PLLC, Washington, D.C. for appellants.
for defendant: Jennifer C. Wasson, Carla M. Jones, Potter Anderson & Corroon LLP, Wilmington, DE; Robin L. Cohen, Keith McKenna, Meredith Elkins, Cohen Ziffer Frenchman & McKenna LLP, New York, NY for appellees.
Case Number: 478, 2022
Superior court erred in finding fraudulent transfer claims filed by a bankruptcy litigation trust to be derivative and falling under the definition of a "securities" claim in a corporate insurance policy where such claims only benefitted creditors rather than the company and thus were direct in nature.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2023-12-25
Practice Area: Patent Litigation
Industry: Consumer Products | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Kenneth L. Dorsney, Cortlan S. Hitch, Morris James LLP, Wilmington, DE; Robert L. Maier, Jennifer C. Tempesta, Michael E. Knierim, Nick Palmieri, Baker Botts L.L.P., New York, NY; Sarah J. Guske, Baker Botts L.L.P., San Francisco, CA for plaintiff.
for defendant: Karen Jacobs, Michael J. Flynn, Cameron P. Clark, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Anupam Sharma, Robert T. Haslam, Covington & Burling LLP, Palo Alto, CA; Richard L. Rainey, Han Park, Covington & Burling LLP, Washington, DC for defendant.
Case Number: 22-987-CJB
Receipt of notice of infringement only a day prior to the filing of the complaint was insufficient to charge defendant with pre-suit knowledge of the asserted patents.
Publication Date: 2023-12-25
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 22-cv-1387-GBW
Predecessor patents' disclaimer of scope did not restrict priority patent, which was broader in scope and whose language expressly contemplated the previously disavowed scope.
Publication Date: 2023-12-25
Practice Area: Bankruptcy
Industry: Energy | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.
Case Number: 17-10828 (JTD)
Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.
Publication Date: 2023-12-25
Practice Area: Corporate Entities
Industry: Investments and Investment Advisory | Real Estate | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-785-WCB
Internal affairs doctrine did not prohibit federal court from exercising inherent powers to appoint receiver for foreign corporation under that corporation's home state's laws.
Publication Date: 2023-12-25
Practice Area: Business Torts
Industry: Aerospace | E-Commerce | Transportation
Court: U.S. District Court of Delaware
Judge: District Judge Bryson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1191-WCB
Court denied motion for leave to amend counterclaims due to defendant's lack of diligence in seeking leave upon immediately learning of the facts supporting the amendment, which occurred before the close of discovery.
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