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Publication Date: 2019-01-16
Practice Area: Patent Litigation
Industry: Agriculture | Chemicals and Materials | Consumer Products
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Chad S.C. Stover and Regina S.E. Murphy, Barnes & Thornburg LLP, Wilmington, DE; Robert D. Mac-Gill, Lynn C. Tyler, Deborah Pollack-Milgate, Joseph T. Wendt and Jessica M. Lindemann, Barnes & Thornburg LLP, Indianapolis, IN for plaintiff.
for defendant: Frederick L. Cottrell, III, Jeffrey L. Moyer and Nicole K. Pedi of Richards, Layton & Finger, Wilmington, DE; Gerald F. Ivey, John M. Williamson, Anand K. Sharma, Rajeev Gupta, Aidan C. Skoyles, Karthik Kumar and Daniel F. Roland, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC for defendant.
Case Number: D68424
In this patent claim construction matter, the court provided clarification to give meaning to all the claim terms.
Publication Date: 2018-12-26
Practice Area: Corporate Governance
Industry: Consumer Products | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Peter B. Andrews, Craig J. Springer and David M. Sborz, Andrews & Springer LLC, Wilmington, DE; Jessica Zeldin of Rosenthal, Monhait & Goddess, P.A., Wilmington, DE, Melinda A. Nicholson and Michael R. Robinson, Kahn Swick & Foti, LLC, Madisonville, LA; Robert C. Schubert of Schubert Jonckheer & Kolbe LLP, San Francisco, CA; Edward F. Haber of Shapiro Haber & Urmy LLP, Boston, MA for plaintiffs.
for defendant: Elena C. Norman, Young Conaway Stargatt & Taylor, LLP; Wilmington, DE; Jordan Eth, Anna Erickson White and Ryan M. Keats, Morrison & Foerster LLP, San Francisco, CA for defendants.
Case Number: D68405
Plaintiffs demonstrated demand futility, and their allegations were sufficient to state a claim against the company's board of directors for breach of fiduciary duty.
Publication Date: 2018-11-28
Practice Area: Patent Litigation
Industry: Consumer Products | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: John W. Shaw, Karen E. Keller, and Nathan R. Hoeschen, Shaw Keller LLP, Wilmington, DE; William J. McCabe, Matthew J. Moffa, and Thomas V. Matthew, Perkins Coie LLP, New York, NY; Kyle R. Canavera, Perkins Coie LLP, San Diego, CA for plaintiffs
for defendant: Timothy Devlin and James Gorman, Devlin Law Firm LLC, Wilmington, DE; Jamie B. Beaber, Kfir B. Levy, James A. Fussell, III, Tiffany A. Miller, Baldine B. Paul, and Alison T. Gelsleichter, Mayer Brown LLP, Washington, DC; Robert G. Pluta, Mayer Brown LLP, Chicago, IL for defendant.
Case Number: D68369
Patent-in-suit was not directed to patent-ineligible subject matter where it addressed technological improvements to enable camera with recording/play-back capabilities that consumed less power, rather than being directed to the general abstract idea of battery or resource conservation.
Publication Date: 2018-11-21
Practice Area: Contracts
Industry: Consumer Products | Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder of Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren and David M. DeVito of Kaufman, Coren & Ress, P.C., Philadelphia, PA, attorneys for appellants
for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt of Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin of Ballard Spahr LLP, Philadelphia, PA, attorneys for appellees.
Case Number: D68358
Judgment reversed and remanded where parties concurred that if provision of alleged breaching party's operating agreement applied to the parties' sales agreement, it would render that agreement void and incapable of ratification by the parties' conduct.
Publication Date: 2018-02-21
Practice Area: Products Liability
Industry: Consumer Products
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff:
for defendant:
Case Number: D68050
Plaintiffs did not allege a direct connection between a non-resident defendant and Delaware under the long-arm statute, but plaintiffs made a plausible argument in support of personal jurisdiction.
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Publication Date: 2018-02-14
Practice Area: Patent Litigation
Industry: Consumer Products | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Colm F. Connolly, David W. Marston, Jr., Jody C. Barillare, and John V. Goodman, Morgan Lewis & Bockius LLP, Wimington, DE; Thomas B. Kenworthy and Julie S. Goldemberg, Morgan Lewis & Bockius LLP, Philadelphia, PA; Raymond R. Moser, Jr., Moser Taboada, Shrewsbury, NJ, attorneys for plaintiff
for defendant: Adam W. Poff and Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilimington, DE; Douglas J. Nash, John D. Cook, Kathryn D. Cornish, Barclay Damon, LLP, Syracuse, NY, attorneys for defendant.
Case Number: D68038
Willful infringement and enhanced damages claim denied where defendants willful blindness to its products possible infringement of plaintiffs patents was at most a substitute for knowledge and did not constitute sufficient egregious behavior to support enhanced damages.
Publication Date: 2018-01-03
Practice Area: Civil Procedure | Contracts
Industry: Consumer Products
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Raymond J. DiCamillo, Matthew D. Perri, Shannon Rose Selden, Derek Wikstrom and Justin Horton for plaintiffs
for defendant: Mark M. Billion for defendant.
Case Number: D67997
Defendant could not have reasonably relied on oral promises which allegedly induced him to sign a series of agreements, be-cause the express terms of the agreements contradicted the alleged oral representations.
Publication Date: 2017-12-13
Practice Area: Contractual Disputes | Mergers and Acquisitions
Industry: Consumer Products
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Stephen C. Norman, Matthew F. Davis, Matthew R. Dreyfuss, Robert J. Brookhiser and Elizabeth B. McCallum for plaintiff
for defendant: Gregory P. Williams, Rudolf Koch, Robert L. Burns, Matthew D. Perri, Peter J. Biersteker and C. Kevin Marshall for defend-ants.
Case Number: D67969
The court relied on the plain language and grammatical construction of the terms of a sale agreement to resolve the parties dispute regarding the buyers obligation to use reasonable best efforts.
Publication Date: 2017-08-16
Practice Area: Corporate Governance
Industry: Consumer Products
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67832
Court lacked personal jurisdiction over plaintiff's former officer, where the officer was a resident of California and his only contacts with Delaware arose solely from his position as an officer of
Publication Date: 2017-08-16
Practice Area: Corporate Governance
Industry: Consumer Products
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67832
Court lacked personal jurisdiction over plaintiff's former officer, where the officer was a resident of California and his only contacts with Delaware arose solely from his position as an officer of
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