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Publication Date: 2018-01-24
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Douglas E. McCann, Martina Tyreus Hufnal, John S. Goetz, Brian D. Coggio, Ahmed J. Davis, Min Woo Park, Sarah M. Cork, Matt Colvin, D. Michael Underhill, Jon R. Knight, William D. Marsillo, Alex Potter, Bill Ward and Martin Ellison for plaintiffs
for defendant: Arthur G. Connolly III, Ryan P. Newell, Mary Akhimien, Raymond N. Nimrod, Brian P. Biddinger, Gregory D. Bonifield, John P. Galanek, Amanda K. Antons and Matthew Traupman for defendant.
Case Number: D68021
The court engaged in claim construction in this patent litigation matter involving ten patents relating to phar-maceuticals for treating diabetes and pen-type injectors used to administer the drug.
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.
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.
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.
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.
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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.
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.
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.
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.
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.
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