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  • Jones v. USPS Postal Service

    Publication Date: 2018-01-24
    Practice Area: Civil Rights
    Industry: Distribution and Wholesale | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68018

    The allegations of a complaint filed by pro se litigant were legally and factually frivolous and failed to state a claim for relief, and the court determined amendment would be futile.

  • Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.
    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.

  • Duffy v. Delaware State Univ.

    Publication Date: 2018-01-17
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mahala Duffy, pro se plaintiff
    for defendant: Jennifer C. Bebko Jauffret and Lori Ann Brewington, Richards, Layton & Finger, PA, Wilmington, DE, attorneys for defendant.
    Case Number: D68006

    Employment discrimination complaint dismissed where plaintiff mailed her complaint to the court for filing on the 90th day after receipt of her right to sue letter, such that the complaint was filed beyond the 90-day period following receipt of a right to sue letter.

  • Acceleration Bay LLC v. Activision Blizzard, Inc.

    Publication Date: 2018-01-03
    Practice Area: Patent Litigation
    Industry: Entertainment and Leisure | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Philip A. Rovner, Jonathan A. Choa, Paul J. Andre, Lisa Kobialka, James R. Hannah, Hannah Lee and Aaron M. Frankel for plaintiff
    for defendant: Jack B. Blumenfeld, Stephen J. Kraftschik, Michael A. Tomasulo, Gino Cheng, David K. Lin, Joe S. Netikosol, Michael M. Murray, David P. Enzminger, Dan K. Webb and Kathleen B. Barry for defendants.
    Case Number: D67993

    The court construed various terms in this patent litigation relating to computer technology.

  • 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.

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    Bucks County Court Rules 2023

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  • 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.

  • 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.

  • 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.

  • 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.

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2017-11-08
    Practice Area: Class Actions | Corporate Governance | Mergers and Acquisitions
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Laurence D. Paskowitz, Deborah R. Gross and Roy Jacobs for plaintiffs
    for defendant: John C. Cordrey, George T. Conway III, Bradley R. Wilson and Jordan L. Pietzsch for M&T Bank de-fendants; Kevin R. Shannon, Tracy Richelle High and Christen M. Martosella for Hudson Bank de-fendants.
    Case Number: D67929

    Plaintiffs in a class action suit failed to demonstrate that a proxy statement issued in connection with a merger transaction was misleading. Motion to dismiss granted, without prejudice.