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  • Acadia Pharm. Inc. v. Aurobindo Pharma Ltd.

    Publication Date: 2023-12-25
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-cv-1387-GBW

    Predecessor patents' disclaimer of scope did not restrict priority patent, which was broader in scope and whose language expressly contemplated the previously disavowed scope.

  • In Re Venoco, LLC

    Publication Date: 2023-12-25
    Practice Area: Bankruptcy
    Industry: Energy | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
    for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.
    Case Number: 17-10828 (JTD)

    Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.

  • FTE Networks, Inc. v. Szkaradek

    Publication Date: 2023-12-25
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-785-WCB

    Internal affairs doctrine did not prohibit federal court from exercising inherent powers to appoint receiver for foreign corporation under that corporation's home state's laws.

  • Ryanair DAC v. Booking Holdings Inc.

    Publication Date: 2023-12-25
    Practice Area: Business Torts
    Industry: Aerospace | E-Commerce | Transportation
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1191-WCB

    Court denied motion for leave to amend counterclaims due to defendant's lack of diligence in seeking leave upon immediately learning of the facts supporting the amendment, which occurred before the close of discovery.

  • United States v. Caraballo

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Montgomery-Reeves
    Attorneys: For plaintiff: Gino A. Bartolai, Jr., Pittston, PA for appellant.
    for defendant: Gerard M. Karama, Robert J. O’Hara, Office of the United States Attorney, Scranton, PA for appellee.
    Case Number: 22-1976

    Multiple stab wounds, including one to the chest, plus a broken jaw constituted injuries severe enough to meet the definition of "serious bodily injury" as defined by the Commentary to the Sentencing Guidelines.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

    View this Book

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  • Rowan v. Warden James T. Vaughn Corr. Ctr.

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: David R. Fine, K&L Gates, Harrisburg, PA for appellant.
    for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellees.
    Case Number: 22-1298

    Failure to be expressly advised of continued no-contact order at second arraignment did not violate due process where the terms of the order explicitly stated that it remained in effect until changed/withdrawn or until the case ended.

  • United States v. Jordan

    Publication Date: 2023-12-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
    for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
    Case Number: 22-2153

    Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.

  • Global Discovery Biosciences Corp. v. Harrington

    Publication Date: 2023-12-18
    Practice Area: Business Torts
    Industry: Biotechnology | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Stephen C. Norman, David A. Seal, Callan R. Jackson, Charles R. Hallinan, Potter Anderson, Wilmington, DE; Eric Landau, Travis Biffar, Ellenoff Grossman & Schole LLP, Irvine, CA for plaintiff.
    for defendant: Andrew L. Cole, Jack M. Dougherty, Cole Schotz P.C., Wilmington, DE; Alan D. Albert, O’Hagan Meyer, PLLC, Wilmington, DE for defendants.
    Case Number: 2022-1132-SG

    Fraud claims brought by corporation against its former controller failed since the controller's knowledge of the alleged fraud would be imputed to the corporation and thus the claim effectively alleged that the controller defrauded himself.

  • Bergmann v. SH Parent, Inc.

    Publication Date: 2023-12-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Samuel T. Hirzel, Gillian L. Andrews, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Jesse L. Noa, Potter, Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: N22J-00660

    Court denied motion to compel discovery in aid of execution where claimant was merely seeking merits-based discovery for another action for injunctive relief.

  • Bumpus v. USAC Ross LLC

    Publication Date: 2023-12-18
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Beverly L. Bove, Vincent J.X. Hendrick, Bove & Hendrick, Wilmington, DE; Joseph P. Musacchio, Anthony Tarricone, Kreindler & Kreindler, LLP; Kathryn E. Barnet, Morgan & Morgan, Douglas P. Desjardins, Pangia Law Group for plaintiff.
    for defendant: Jeffrey L. Moyer, Griffin A. Schoenbaum, Richards, Layton & Finger, P.A., Wilmington, DE; Jonathan Nussbaum, Thompson Hine, LLP for defendants.
    Case Number: N22C-09-008 JRJ

    Court declined to apply choice of law provision in asset purchase agreement where chosen state bore no substantial relationship to the transactions or the parties to the transaction.