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Publication Date: 2019-12-11
Practice Area: Intellectual Property
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Karen L. Pascale and Pilar G. Kraman, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Matthew M. Wolf, Edward Han, Marc A. Cohn, Amy DeWitt, Krista M. Carter and Thomas T. Carmack, Arnold & Porter Kaye Scholer LLP, Washington DC and Palo Alto, CA for plaintiffs.
for defendant: Rodger D. Smith and Michael J. Flynn, Morris Nichols, Arsht & Tunnel LLP, Wilmington, DE; Bradford J. Badke, Ching-Lee Fukuda, Ketan V. Patel, Thomas A. Broughan III, Sharon Lee and Benjamin H. Huh, Sidley Austin LLP, New York, NY and Washington, DC for defendant.
Case Number: D68801
The court granted a motion to dismiss plaintiff's claim for tortious interference with contract and all but one of its patent in-fringement claims.
Publication Date: 2019-12-11
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Anthony A. Abbatiello, James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
for defendant: N/A
Case Number: D68799
Plaintiff's pro se civil rights complaint could proceed where plaintiff had alleged cognizable Eighth Amendment and due process claims against prison officials.
Publication Date: 2019-12-11
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Michael L. Jones, Dallas, PA, pro se plaintiff. Ryan Patrick Connell, Delaware Dep’t of Justice, Wilmington, DE for defendant Pierce.
for defendant: Dana Spring Monzo and Lindsey E. Imbrogno, White & Williams, Wilmington, DE for defendants Gant-Major and Krafcik.
Case Number: D68803
The court granted summary judgment in favor of defendants in this civil rights matter, because plaintiff failed to show that defendants' conduct amounted to deliberate indifference to plaintiff's medical needs while he was an inmate.
Publication Date: 2019-12-04
Practice Area: Patent Litigation
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ronald C. Finley, Justin T. Beck, and Remington A. Lenton-Young, Beck, Bismonte & Finley LLP, San Jose, CA for plaintiff.
for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Clement J. Naples and Michelle L. Ernst, Latham & Watkins LLP, New York, NY; Ron E. Shulman, Latham & Watkins LLP, Menlo Park, CA for defendant.
Case Number: D68791
Court construed patent terms to be consistent with the depictions of the invention in the figures in the patent.
Publication Date: 2019-12-04
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Alfred R. Terry, Georgetown, DE, pro se plaintiff.
for defendant:
Case Number: D68795
Governmental entities named in this civil rights suit were entitled to immunity, and the complaint failed to allege personal in-volvement on the part of the individual defendants. Complaint dismissed, with leave to amend.
Law Journal Press | Digital Book
Authors: KENNETH DEL VECCHIO
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Publication Date: 2019-11-27
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiffs
for defendant: Joseph C. Handlon and Ryan P. Connell, Department of Justice, Wilmington, DE for defendants.
Case Number: D68784
Corrections officers entitled to qualified immunity in deliberate indifference case where record did not support finding that inmate had particular vulnerability to suicide or that officers knew or should have known of such vulnerability.
Publication Date: 2019-11-27
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Counsel: David H. Williams, James H. McMackin, III and Allyson Britton DiRocco, Morris James, LLP, Wilmington, DE for plaintiff.
for defendant: James D. Taylor, Jr. and Christina D. Riggs, Saul Ewing Arnstein & Lehr, LLP, Wilmington, DE and Philadelphia, PA for defendants.
Case Number: D68785
In this employment discrimination case, plaintiffs failed to show that defendants' reasons for terminating their employment were pretextual. Summary judgment granted in favor of defendants.
Publication Date: 2019-11-27
Practice Area: Contractual Disputes
Industry: Software
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: William M. Lafferty, John P. DiTomo and Zi-Xiang Shen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Stephen M. Juris and Alexandra Verdi, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY for plaintiff.
for defendant: Patricia A. Winston, Morris James LLP, Wilmington, DE; John Du Wors and Nathan Durrance, Newman Du Wors Durrance LLP, Seattle, WA for defendant.
Case Number: D68786
Plaintiff's breach of contract claim was ripe for judicial adjudication, and the court exercised its discretion to deny defendant's request for a stay pending the outcome of a foreign arbitration. Motion to dismiss denied.
Publication Date: 2019-11-27
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Lawrence J. Gotts, Kevin L. Mallen and Gabriel S. Gross, Latham & Watkins LLP, Washington, DC, New York, NY and Menlo Park CA; Stephanie N. Solomon, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; David S. Benyacar, Daniel L. Reisner, Maxwell C. Preston and Michael J. Block, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiff.
for defendant: R. Montgomery Donaldson and Christina B. Vavala, Polsinelli PC, Wilmington, DE; B. Trent Webb, Christine A. Guastello, Jordan T. Bergsten, Colman D. McCarthy, David Morehan and Gary M. Miller, Shook, Hardy & Bacon LLP, Kansas City, MO, Houston, TX and Chicago, IL for defendants.
Case Number: D68788
In the claim construction for this patent case involving wireless services, the court relied on the plain meaning of the term and the context of the claim language.
Publication Date: 2019-11-27
Practice Area: Civil Rights
Industry: Health Care | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
for defendant: Adria B. Martinelli and Allison J. McCowan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
Case Number: D68787
The court allowed plaintiff to file a third amended complaint beyond the time allowed under the scheduling order, but only to the extent that plaintiff was able to allege specific facts relating to the involvement of an additional defendant.
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