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Publication Date: 2020-09-23
Practice Area: Bankruptcy
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69130
The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.
Publication Date: 2020-09-23
Practice Area: Patent Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; John S. Kyle, Kyle Harris LLP, San Diego, CA for plaintiff.
for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Stefani E. Shanberg, Jennifer J. Schmidt, Madeleine E. Gully, Morrison & Foerster LLP, San Francisco, CA for defendants.
Case Number: D69126
Patent claim was invalidated as abstract where it merely described computer functions performing routine operations to achieve an abstract goal without providing an actual functional mechanism that would constitute an inventive or improved process for performing those computer functions.
Publication Date: 2020-09-16
Practice Area: Trademarks
Industry: Consumer Products | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Chad S. C. Stover, Barnes & Thornburg LLP, Wilmington, DE; John Gabrielides and Genevieve E. Charlton, Barnes & Thornburg LLP, Chicago, IL; Caitlin R. Byczko, Barnes & Thornburg LLP, Indianapolis, IN for plaintiff;
for defendant: Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Tamar Y. Duvdevani and Kerry A. O’Neill, DLA Piper LLP, New York, NY; Safraz W. Ishmael, DLA Piper LLP, Boston, MA for defendant.
Case Number: D69119
Motion for preliminary injunction in trademark infringement case denied where plaintiff's mark had failed to develop sufficient distinctiveness or market awareness such that there would be a likelihood of confusion caused by defendant's use of its mark.
Publication Date: 2020-08-26
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Vernon Ernest Dorian Cephas, James T. Vaughn Correctional Center, Smyrna, DE, plaintiff pro se.
for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Dana Spring Monzo and Emily Kara Silverstein, White & Williams, Wilmington, DE for defendants.
Case Number: D69096
Motion to dismiss prisoner's civil rights complaint denied where plaintiff sufficiently asserted a claim for retaliation by alleging that defendant conspired to file disciplinary complaints against plaintiff in retaliation for grievances plaintiff had submitted for incidents involving defendant.
Publication Date: 2020-08-19
Practice Area: Labor Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
Case Number: D69091
The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2020-08-19
Practice Area: Wrongful Death
Industry: Aerospace
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Philip T. Edwards, Murphy & Landon, Wilmington, DE for plaintiff.
for defendant: Andrea S. Brooks, Wilks, Lukoff & Bracegirdle, LLC, Wilmington, DE; Sherri R. Ginger and Timothy A. Heisterhagen, Armbrecht Jackson LLP, Mobile, AL for defendants.
Case Number: D69092
The federal district court remanded this wrongful death action to state court because defendants failed to establish the fraudulent joinder of a party.
Publication Date: 2020-08-12
Practice Area: Patent Litigation
Industry: Chemicals and Materials | Consumer Products
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Susan E. Morrison, Kelly Allenspach Del Dotto, Casey Kraning, and John S. Goetz, Fish & Richardson P.C., Wilmington, DE for plaintiff.
for defendant: Pilar G. Kraman and Robert M. Vrana, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Douglas J. Nash and John D. Cook, Barclay Damon, LLP, Syracuse, NY; Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; James H. Shalek and Baldassare Vinti, Proskauer Rose LLP, New York, NY for defendants.
Case Number: D69079
Court rejected parties' proposed claim construction where there was no evidence of inventor's disavowal of plaintiff's proposed construction, but where plaintiff's proposal provided no clarity to the claim, the court relied upon the textbook definition for plaintiff's proposed construction term as would be understood by a person of ordinary skill in the art.
Publication Date: 2020-08-12
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, Rajendra A. Chiplunkar and Ashley M. Ratycz, McAndrews, Held & Mallory, Ltd., Chicago, IL for plaintiff.
for defendant: Kenneth L. Dorsney, Morris James LLP, Wilmington, DE; Paul M. Sykes, David W. Holt, Benn C. Wilson and Jake M. Gipson, Bradley Arant Boult Cummings LLP, Birmingham, AL for defendant.
Case Number: D69086
Genuine issues of material fact existed with regard to this patent infringement matter, so the court denied the parties' cross-motions for summary judgment.
Publication Date: 2020-08-12
Practice Area: Bankruptcy
Industry: Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
Case Number: D69080
Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.
Publication Date: 2020-08-12
Practice Area: Employment Litigation
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Ricky Thompson-El, pro se plaintiff.
for defendant: Karine Sarkisian and Marc Stephen Casarino, White & Williams, Wilmington, DE for defendant.
Case Number: D69084
In this age discrimination matter, the court denied a motion to dismiss and allowed plaintiff an opportunity to supplement the record with a right-to-sue letter from the Equal Employment Opportunity Commission.
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