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Publication Date: 2023-06-13
Practice Area: Patent Litigation
Industry: Health Care | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE; Thomas Gemmell, Polsinelli PC, Chicago, IL; Darren E. Donnelly, Polsinelli LLP, San Francisco, CA; Aaron M. Levine, Polsinelli PC, Houston, TX for plaintiff.
for defendant: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Colin G. Cabral, James R. Anderson, Proskauer Rose LLP, Boston, MA; Jessica M. Griffith, Proskauer Rose LLP, Los Angeles, CA for defendant.
Case Number: 21-53-RGA
Court declined to adopt plaintiff's proposal to construe disputed patent term by its plain and ordinary meaning, where the definition advanced by plaintiff was merely functional in nature and there was no evidence that a person of ordinary skill in the art would understand the meaning of the disputed term.
Publication Date: 2023-06-13
Practice Area: Patent Litigation
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Thad. J. Bracegirdle, Andrea S. Brooks, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE for plaintiff.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 21-323 (MN)
Disputed patent terms were not indefinite because a person of ordinary skill in the art would understand their plain and ordinary meaning and how the terms performed the function of the claimed invention.
Publication Date: 2023-06-06
Practice Area: Administrative Law
Industry: Automotive | Retail | State and Local Government
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Kelly E. Farnan, Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Felicia H. Ellsworth, Sofie C. Brooks, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Ari Holtzblatt, Leon T. Kenworthy, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. for appellant.
for defendant: George T. Lees III, Delaware Department of Transportation, Dover, DE for appellee.
Case Number: 375, 2022
DMV erred in interpreting Franchise Act to include a ban on the direct sales model, and vehicle manufacturer with no third-party dealers did not qualify as a "manufacturer" under the Act's definition.
Publication Date: 2023-06-06
Practice Area: Securities Litigation
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1164-CFC-SRF
Court granted motion for leave to amend securities complaint where no scheduling order had been entered in the case and no defendant had raised a claim that amendment would result in undue prejudice.
Publication Date: 2023-06-06
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Daniel M. Silver, Alexandra M. Joyce, Fish & Richardson P.C.; Jane M. Love, Ph.D., Robert Trenchard, Andrew P. Blythe, Christine L. Ranney, Gibson, Dunn & Crutcher LLP for plaintiff.
for defendant: Stamatios Stamoulis, Stamoulis & Weinblatt LLC; Mieke K. Malmberg, Paul J. Skiermont, Sarah E. Spires, Steven J. Udick, Kevin P. Potere, Skiermont Derby LLP for defendant.
Case Number: 20-133-GBW
Court declined defendants' more limited proposed claim constructions that included negative limitations which had no basis in the intrinsic record.
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Authors: Robert G. Vaughn
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Publication Date: 2023-06-06
Practice Area: Trademarks
Industry: Construction | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Thomas H. Kramer, Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for plaintiff.
for defendant: John C. Andrade, Elio Battista, Jr., Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Dover, DE for defendant.
Case Number: 21 -1258-RGA
Geographically descriptive mark was not protectable where lack of advertising, limited customer base, and lack of evidence of consumer confusion demonstrated that the mark had not acquired a secondary meaning.
Publication Date: 2023-06-06
Practice Area: Products Liability
Industry: Manufacturing
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Michael C. Dalton, Dalton & Associates, P.A., Wilmington, DE; Michael Collins Smith, Balick & Balick, LLC, Wilmington, DE for plaintiff.
for defendant: Brian D. Tome, Reilly, McDevitt & Henrich, P.C., Wilmington, DE, attorney for defendant.
Case Number: N19C-01-100 ASB
Manufacturer of machinery expressly designed to work on asbestos-containing products could have liability in asbestos litigation since use of the product would inevitably create hazardous asbestos dust, imposing a duty to warn upon the manufacturer.
Publication Date: 2023-06-06
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Jeremy A. Tigan, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Andrew J. Cochran, Gerald J. Flattman, Jr., Cahill Gordon & Reindel LLP, New York, NY for plaintiffs.
for defendant: Megan C. Haney, John C. Phillips, Jr., Phillips, McLaughlin & Hall, P.A., Wilmington, DE; Adrianne C. Rose, Joseph T. Jaros, Natasha L. White, William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP, Chicago, IL for defendants.
Case Number: 21-cv-1710-SB
Court could clarify claim constructions from prior litigation involving the same patents-in-suit even if patentee acted as its own lexicographer, but only narrow clarification was necessary for one of the disputed terms.
Publication Date: 2023-06-06
Practice Area: Patent Litigation
Industry: Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Jimmy C. Chong, Chong Law Firm, PA, Wilmington, DE for plaintiff.
for defendant: Benjamin J. Schladweiler, Greenberg Traurig, LLP, Wilmington, DE; Andrew R. Sommer, Greenberg Traurig, LLP, McLean, VA for defendant.
Case Number: 22-418-CFC
Court possessed inherent authority to investigate plaintiff's possible efforts to defraud the court even after plaintiff voluntarily moved to dismiss its lawsuit.
Publication Date: 2023-06-06
Practice Area: Trusts and Estates
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Gerald I. Street, Street & Ellis, P.A., Dover, DE for petitioner.
for defendant: Deirdre A. McCartney, Sergovic Carmean Weidman Mccartney & Owens, PA, Georgetown, DE for respondent. Cynthia L. Maxwell Masters, respondent pro se. Diane Elaine Maxwell Tori, respondent pro se. Beverly Anne Maxwell Miller, respondent pro se.
Case Number: 2022-0614-SG
Slayer Statute did not prohibit heirs through the lineage of the slayer from inheriting from the slayer's issue's estate, since the murder had no effect on the heirs' eligibility to inherit through the intestacy statute.
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