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Publication Date: 2023-07-17
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Amy M. Dudash, Morgan, Lewis & Bockius LLP, Wilmington, DE; Amanda S. Williamson, Christopher J. Betti, Krista L. Venegas, Maria E. Doukas, Zachary Miller, Guylaine Hache, Michael T. Sikora, Morgan, Lewis & Bockius LLP, Chicago, IL; Eric Kraeutler, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for plaintiff.
for defendant: Jack B. Blumenfeld, Megan E. Dellinger, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Charles E. Lipsey, J. Derek , Ryan P. O'Quinn, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA; William B. Raich, Michael J. Flibbert, Yoonhee Kim, Yoonjin Lee, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, D.C.; Alissa K. Lipton, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Boston, MA for defendant.
Case Number: 21-1015-GBW
Claim that patent terms were indefinite due to being susceptible to multiple meanings for a POSA rejected where the scientific evidence demonstrated that a POSA would only understand the term as having one meaning, and where defendant attempted to incorporate limiting language not supported by the intrinsic record.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
Case Number: 21-2491
District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.
Publication Date: 2023-07-10
Practice Area: Corporate Governance
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Max B. Walton, Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Michael K. Ross, Serine Consolino, Aegis Law Group LLP, Washington, DC for appellant.
for defendant: Deborah B. Baum, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC; Stephen B. Brauerman, Elizabeth A. Powers, Bayard, P.A., Wilmington, DE for appellees.
Case Number: 163, 2022
Stock issuance that diluted interest of stockholder with one-half interest who had filed a custodian action to break board election deadlock was not inequitable where issuance was reasonably calculated to prevent default under company's key contracts and had the benefit of retaining a key employee, while stockholder was not coerced as she retained a swing vote.
Publication Date: 2023-07-10
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Neal R. Devlin, Aurora L. Hardin, Knox McLaughlin Gornall & Sennett, Erie, PA; Steven B. Feirson, Michael H. McGinley, Dechert, Philadelphia, PA for appellant.
for defendant: Edwin J. Kilpela, Jr., James LaMarca, Elizabeth Pollock-Avery, Lynch Carpenter, Pittsburgh, PA for appellee.
Case Number: 23-1053
Court could not exercise jurisdiction under the Class Action Fairness Act where action was filed in state court under procedural rules dissimilar from Rule 23 and where it could not qualify as a continuation of a prior action since that action was voluntarily dismissed.
Publication Date: 2023-07-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11626 (CTG)
Confirmed reorganization plan potentially barred claims by financial advisor against reorganized debtor when those claims arose between the petition date and effective date and acquirer of reorganized debtor could not bind it to discharged claims.
Law Journal Press | Digital Book
Authors: Andrew Wentzell
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Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Jonathan J. Eley, Lewes, DE, pro se plaintiff.
for defendant: Elizabeth S. Fenton, Ballard Spahr LLP, Wilmington, DE for defendant.
Case Number: S23C-04-003 CAK
Plaintiff's complaint dismissed where it asserted claims under the Delaware Equal Accommodations Law, as plaintiff failed to appeal the Delaware Human and Civil Rights Commission's order on his administrative complaint.
Publication Date: 2023-07-10
Practice Area: Contracts
Industry: Cargo and Shipping | Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
for defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
Case Number: N21C-05-130 MAA
Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Michele D. Allen, Delia Clark, Allen & Associates, Wilmington, DE for plaintiff.
for defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
Case Number: 22-27-RGA
Title VII race discrimination claims failed where plaintiff failed to identify similarly situated co-workers of other races who committed the same type of misconduct as plaintiff but were not terminated like plaintiff.
Publication Date: 2023-07-10
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: William V. Bergstrom, Peter A. Patterson, David H. Thompson, Cooper & Kirk, Washington, DC; Michael P. Gottlieb, Vangrossi & Recchuiti, Norristown, PA for appellant.
for defendant: Brian M. Boynton, Jacqueline C. Romero, Mark B. Stern, Michael S. Raab, Abby C. Wright, Kevin B. Soter, United States Department of Justice Civil Division, Washington, DC for appellees.
Case Number: 21-2835
Federal felon-in-possession statute barring person convicted of false statements under state law was inconsistent with nation's historical tradition of firearms regulation.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
Case Number: 21-2798
"Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.
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