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Publication Date: 2019-07-03
Practice Area: Expert Witnesses | 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, Saswat Mis-ra, 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 and Daniel L. Reisner, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiff.
for defendant: Shanti M. Katona and Christina M. Belitz, Polsinelli PC, Wilmington, DE; Robert Reckers, David Morehan, Christine A. Guas-tello, Jordan T. Bergsten, Colman D. McCarthy and Thomas M. Patton, Shook, Hardy & Bacon LLP, Houston, TX and Kansas City, MO for defendants.
Case Number: D68620
The court granted several aspects of the parties' various motions to limit expert testimony where the experts did not tie their opinions to the facts of the case.
Publication Date: 2019-06-26
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC; Ekwan E. Rhow, Sharon Mayer, and Patricia H. Jun, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. for plaintiff
for defendant: Justin K. Victor, Michael L. Banks, and Vishal H. Shah, Morgan, Lewis & Bockius, LLP for defendants.
Case Number: D68608
Implied covenant and conversion claims dismissed as duplicative of breach of contract claims where contract expressly defined expectations of the parties and where conversion of contractually-promised assets had to be brought as a contractual claim.
Publication Date: 2019-06-05
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Rudolf Koch, Susan M. Hannigan and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Christopher F. Robertson and Alison K. Eggers, Seyfarth Shaw LLP, Boston, MA for plaintiffs and third-party defendants
for defendant: John P. DiTomo and Jarrett W. Horowitz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Roberto M. Braceras, Adam Slutsky and Ezekiel L. Hill, Goodwin Procter LLP, Boston, MA for defendants/third-party plaintiffs
Case Number: D68588
In this merger litigation, defendants named only some stockholders in their third-party complaint, but the court dismissed de-fendants' request for rescission because all of the stockholders were indispensable parties. Defendants' unjust enrichment claim survived a motion to dismiss.
Publication Date: 2019-05-08
Practice Area: Corporate Entities
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Michael A. Weidinger and Joanne P. Pinckney, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for plaintiff.
for defendant: William M. Lafferty, Susan W. Waesco, and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce C. Doeg, John S. Hicks, and Christopher E. Thorsen, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN for defendants.
Case Number: D68552
Claim to company equity dismissed pursuant to laches where company repeatedly provided plaintiff over an 11-year period with documentation explicitly demonstrating that company did not acknowledge plaintiff's ownership of the equity at issue.
Publication Date: 2019-05-01
Practice Area: Bankruptcy
Industry: Distribution and Wholesale | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: R. Grant Dick, IV and Robert W. Pedigo, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: Dennis A. Meloro, Greenberg Traurig LLP, Wilmington, DE, Annapoorni R. Sankaran, Holland & Knight LLP, Houston, TX for defendant.
Case Number: D68544
Stipulation between debtor and secured creditor required dismissal of bankruptcy trustee's avoidance action where transfers were made in ordinary course of business and parties would likely have no difficulty in collection at time of stipulation.
Law Journal Press | Digital Book
Authors: Amy Elizabeth Stewart
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Publication Date: 2019-05-01
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stamatios Stamoulis, Stamoulis & Weinblatt LLC, Wilmington, DE; David R. Bennett, Direction IP Law, Chicago, IL, for plaintiff.
for defendant: Melanie K. Sharp, James L. Higgins, and Michelle M. Ovanesian, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Guy Ruttenberg and Michael Eshaghian, Ruttenberg IP Law, P.C., Los Angeles, CA, for defendant.
Case Number: D68542
Dismissal of direct, contributory, and induced infringement claims denied to the extent plaintiff alleged defendant provided its employees with all the components of the infringing system and that it provided defendant's parent with notice of infringement in plaintiff's original complaint against the parent.
Publication Date: 2019-05-01
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: D68545
Following the conclusion of a previously-filed action in another state, the court vacated a dismissal and remanded to the fed-eral district court for further proceedings.
Publication Date: 2019-05-01
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
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, Thomas J. Wimbiscus, James P. Murphy, Paul W. McAndrews, Anna M. Targowska and Rajendra Chiplunkar, McAndrews, Held & Malloy, Ltd., Chicago, IL for plaintiff.
for defendant: Jody C. Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE; Brett Schuman, Rachel M. Walsh and Monte M.F. Cooper, Goodwin Procter LLP, San Francisco for defendant.
Case Number: D68548
In this patent infringement action, the court granted plaintiff's motion for summary judgment of no invalidity as to patent eli-gibility and indefiniteness, but it denied the remainder of the parties' cross-motions for summary judgment.
Publication Date: 2019-04-03
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; W. Scott Holleman and Garam Choe, Johnson Fistel, LLP, New York, NY for plaintiffs.
for defendant: Elena C. Norman and Daniel M. Kirshenbaum, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Joshua Z. Rabinovitz, Kirkland & Ellis LLP, Chicago, IL; Devora W. Allon, Kirkland & Ellis LLP, New York, NY for defendants.
Case Number: D68510
Breach of fiduciary duty following tender offer merger transaction dismissed where plaintiffs failed to present facts supporting allegation that controlling stockholder had motivation to engineer sale for personal liquidity concerns or that the board intentionally depressed company projections in the tender offer recommendation statement.
Publication Date: 2019-03-20
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Christopher P. Simon and David G. Holmes, Cross & Simon, LLC, Wilmington, DE, for plaintiff.
for defendant: Theodore A. Kittila and James G, McMillan, III, Halloran Farkas + Kittila LLP, Wilmington, DE, for defendant.
Case Number: D68494
Defendant's motion for summary judgment on plaintiff's breach of contract claim denied where the contract terms were ambiguous as to the trigger for payment and where the parties appeared to have differing expectations.
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