• TQ Delta, LLC v. 2Wire, Inc.

    Publication Date: 2018-01-03
    Practice Area: Patent Litigation
    Industry: Hardware | Manufacturing | Software
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; Peter J. McAndrews and Rajendra A. Chiplunkar, McAndrews, Held & Mallow, Chicago, IL, attorneys for plaintiff
    for defendant: Colm F. Connolly and Jody Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE; Brett M. Schuman, Rachel M. Walsh, and David L. Simon, Goodwin Proctor LLP, San Francisco, CA; James S. Green, Sr. and Jared T. Green, Seitz Van Ogtrop & Green, P.A., Wilmington, DE; Kenneth L. Dorsney, Morris James LLP, Wilmington, DE, attorneys for defendants.

    Case Number: D67992

    Patent claims not indefinite where functional language tied to the capabilities of a device, rather than describing functional steps in isolation, such that a POSA would understand that infringement would occur from use of an infringing device.

  • Jacobs v. The Fed. Housing Fin. Agency

    Publication Date: 2017-12-27
    Practice Area: Corporate Governance | Government
    Industry: Financial Services and Banking | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff: Myron T. Steele, Michael A. Pittenger, Christopher N. Kelly and Alan R. Silverstein for plaintiffs
    for defendant: Robert J. Stearn, Jr., Robert C. Maddox, Howard N. Cayne, Asim Varma, David B. Bergman, Jeffrey W. Kilduff, Michael Walsh, Michael Joseph Ciatti and Graciela Maria Rodriquez for defendants Federal Housing Fin. Agency and Federal Nat'l Mortgage Ass'n; David C. Weiss, Jennifer L. Hall, Chad A. Readler, Diane Kelleher, Thomas D. Zimpleman, Deepthy Kishore and Robert C. Merritt for defendant U.S. Dept. of Treasury.

    Case Number: D67986

    The anti-injunction clause of the Housing and Economic Recovery Act of 2008 precluded plaintiffs action against the Federal Housing Finance Agency for allegedly exceeding its authority by entering into an agreement to change the formula for calculating dividends.

  • Francis v. Atlantic Law Firm

    Publication Date: 2017-12-20
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Denilia Francis, pro se plaintiff
    for defendant: Joelle Eileen Polesky, Stradley Ronon Stevens & Young, LLP, Wilmington, DE, attorney for defendant.

    Case Number: D67976

    Plaintiffs claims dismissed on removal where identical to prior state court action dismissed for frivolousness, and where claims implicated the Younger abstention doctrine.

  • Alcoa, Inc. v. Alcan Rolled Products-Ravenswood LLC

    Publication Date: 2017-12-20
    Practice Area: Environmental Law
    Industry: Manufacturing | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67974

    Claimants motion for leave to amend granted where timely under amended scheduling order, and where defendant would not be prejudiced as amendment sought to expand the scope of recovery sought under the originally-asserted indemnification claim.

  • Alex Is The Best, LLC v. Blu Prods., Inc.

    Publication Date: 2017-12-06
    Practice Area: Patent Litigation
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE, attorneys for plaintiff
    for defendant: Dennis J. Butler and John D. Simmons, Panitch Schwarze Belisaro & Nadel LLP, Wilmington, DE; Adam W. Poff and Robert M. Vrana, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Jack B. Blumenfeld and Stephen J. Kraftschik, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; John C. Phillips and David A. Bilson, Phillips Goldman McLaughlin & Hall, P.A., Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Chicago, IL; Todd G. Vare and Jeffrey M. Barron, Barnes & Thornburg, LLP, Indianapolis, IN, attorneys for defendant.

    Case Number: D67958

    Court rejected plaintiffs assertion that patent claims of primary mode of communication and another available mode of communication had their plain meanings, adopting constructions that comported with the parties understanding that the claimed device had to designate a first mode of communication on start-up, and would use another mode when the primary one was unavailable.

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  • U.S. v. Medco Health Solutions, Inc.

    Publication Date: 2017-12-06
    Practice Area: Business Torts | Government
    Industry: Federal Government | Health Care | Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jeffrey S. Goddess, P. Bradford deLeeuw and David S. Stone for plaintiffs
    for defendant: Jack B. Blumenfeld, Rodger D. Smith II, Enu Mainigi, Craig D. Singer, Holly Conley and D. Keith Clouser for defendants.

    Case Number: D67963

    The public information bar precluded a relators claim regarding fraudulent conduct under the False Claims Act. Motion to dismiss granted, with prejudice.

  • Galderma Labs., L.P. v. Sun Pharm. Indus. Ltd.

    Publication Date: 2017-12-06
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Jack B. Blumenfeld, Maryellen Noreika, and Megan Elizabeth Dellinger, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Gerald J. Flattman, Jr., Evan D. Diamond, Vanessa Y. Yen, and Lucas L. Kressel, Paul Hastings LLP, New York, NY, attorneys for plaintiffs
    for defendant: Kelly E. Farnan and Nicole K. Pedi, Richards, Layton & Finger, P.A., Wilmington, DE; Huiya Wu and Brian J. Robinson, Goodwin Proctor LLP, New York, NY; Nicholas K. Mitrokostas, Goodwin Proctor LLP, Boston, MA, attorneys for defendants.

    Case Number: D67960

    Court rejected defendants attempt to add negative limitations to terms in claim construction, in absence of evidence of patentees clear and unmistakable intent to disclaim the claim scope comprised by the proposed negative limitations.

  • State Farm Fire & Casualty Co. v. Lambert

    Publication Date: 2017-12-06
    Practice Area: Insurance Law | Landlord Tenant Law
    Industry: Insurance | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Joseph J. Bellew and Michael D. O'Donnell for plaintiff
    for defendant: Eileen M. Ford for defendant.

    Case Number: D67962

    Where a residential lease did not contain a provision expressly stating that the tenant would be responsible for damage re-sulting from negligently-caused fires on the premises, the insurer was not entitled to recover against the tenant in a subrogation action.

  • Windsor v. Metzger

    Publication Date: 2017-12-06
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67965

    A petitioner seeking a writ of habeas corpus failed to file for relief within the one-year deadline, and the court concluded nei-ther statutory nor equitable tolling applied.

  • In re SRC Liquidation LLC

    Publication Date: 2017-11-29
    Practice Area: Bankruptcy | Corporate Governance
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67954

    Plaintiff failed to allege sufficient facts with regard to its breach of fiduciary duty and fraudulent transfer claims against cor-porate officers and directors. Affirmed.