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Chief Judge sleet rules that plaintiffs' '932 patent' is not invalid for obviousness-type double patenting

Fox Rothschild LLP
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USA
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August 7 2011

By Memorandum Opinion entered by Chief Judge Gregory M. Sleet, following a five-day bench trial, in Eli Lilly and Company, et al. v. Teva Parenteral Medicines, Inc., et al., Civil Action No. 08-335-GMS (D.Del., July 28, 2011), the Court set forth its findings of fact and conclusions of law and entered judgment in favor of plaintiffs, Eli Lilly and Company and The Trustees of Princeton University, and against defendants, Teva Parenteral Medicines, Inc., APP Pharmaceuticals, LLC and Barr Laboratories, Inc

Judge Stark grants defendants' motion to transfer venue to Central District of California

Fox Rothschild LLP
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USA
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July 23 2011

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Human Genome Sciences, Inc. v. Genentech, Inc., et al., C.A. No. 11-082-LPS (D.Del., July 18, 2011), the Court granted the motion of defendants, Genetech, Inc. and City of Hope, to transfer venue of three actions filed against them in the District of Delaware by plaintiff, Human Genome Sciences, Inc. (“HGS”), to the Central District of California

Judge stark denies broetje's motion to dismiss alleging lack of subject matter jurisdiction over patent-in-suit

Fox Rothschild LLP
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USA
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October 15 2011

By Memorandum Opinion entered by The Honorable Leonard P. Stark in Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA Inc., et al., Civil Action No. 09-598-LPS (D.Del., October 13, 2011), the Court denied the motion of defendants Broetje Automation-USA, Inc. and Bröetje-Automation GMBH to dismiss plaintiffs’ first claim for lack of subject matter jurisdiction

Magistrate Judge Burke recommends that defendants' Rule 12(b)(6) motion to dismiss be granted in part

Fox Rothschild LLP
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USA
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December 4 2011

By Report and Recommendation entered by The Honorable Christopher J. Burke in Eastman Chemical Co. v. Alphapet Inc., et al., Civil Action No. 09-971-LPS-CJB (D.Del., November 10, 2011), the Court granted in part defendants’ Rule 12(b)(6) motion to dismiss the breach of contract and trade secret misappropriation claims asserted by Plaintiff

Chief judge sleet concludes that Mylan's proposed ANDA product does not infringe the patent-in-suit asserted by Astrazeneca and others

Fox Rothschild LLP
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USA
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July 9 2011

By Memorandum Opinion entered by the Honorable Gregory M. Sleet in AstraZeneca LP, et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 08-53-GMS (D.Del., June 23, 2011) after a three day bench trial, the Court ruled that the plaintiffs did not prove by a preponderance of the evidence that defendant Mylan’s proposed generic budesonide product would infringe the asserted claims of U.S. Patent No. 5,643,602 (the “‘602 patent” or the “patent-in-suit”

Judge Robinson grants Palm's and Intermec's motions for summary judgment on invalidity and infringement in part

Fox Rothschild LLP
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USA
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September 30 2011

By Memorandum Opinion entered by The Honorable Sue L. Robinson in Intermec Technologies Corp. v. Palm Inc., Civil Action No. 07-272-SLR (D.Del., September 15, 2011), the Court granted Defendant Palm Inc.’s (“Palm”) motion for summary judgment relating to its infringement counterclaims in part by finding no invalidity as to its U.S. Patent Nos. 6,665,803 (“the ‘803 patent”) and 7,096,049 (“the ‘049 patent”

Judge Robinson allows EON's direct infringement claims to proceed, but dismisses its joint and indirect infringement claims

Fox Rothschild LLP
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USA
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July 18 2011

By Memorandum Opinion entered by the Honorable Sue L. Robinson in EON Corp. IP Holdings LLC v. FLO TV Inc., et al., Civil Action Action No. 10-812-SLR (D.Del., July 12, 2011), the Court granted in part and denied in part defendants’ motion to dismiss the second amended complaint of plaintiff Eon Corp. IP Holdings LLC. (“EON”

Judge Robinson denies defendant's motion to amend its affirmative defenses and counterclaims to add new allegations of inequitable conduct

Fox Rothschild LLP
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USA
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August 13 2011

By Memorandum Opinion entered by the Honorable Sue L. Robinson in Ashai Glass Co., Ltd., et al. v. Guardian Industries Corp., Civil Action No. 09-515-SLR (D.Del., August 12, 2011), the Court denied the motion of defendant, Guardian Industries Corp., seeking to amend its affirmative defenses and counterclaims to assert new allegations of inequitable conduct against plaintiffs relating to concealing or misrepresenting the true inventorship of pending claims to the USPTO during the prosecution of the patents-in-suit

Judge Stark denies plaintiffs' motion for TRO and preliminary injunction but indicates court's intent to resolve ownership of patents-in-suit on expedited basis

Fox Rothschild LLP
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USA
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November 19 2011

By Memorandum Order entered by The Honorable Leonard P. Stark in Advanced Micro Devices, Inc., et al. v. S3 Graphics Co., Ltd., et al., Civil Action No. 11-965-LPS (D.Del., November 8, 2011 (public version)), the Court denied Plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction seeking an Order from the Court directing Defendants to file papers in a pending, related investigation by the International Trade Commission (“ITC”) seeking dismissal of the ITC proceeding

Magistrate Judge Burke grants plaintiff's motion for expedited discovery

Fox Rothschild LLP
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USA
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October 8 2011

By Memorandum Order entered by The Honorable Christopher J. Burke in Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civil Action No. 11-465-LPS-CJB (D.Del., September 26, 2011), the Court granted Plaintiff Kone Corporation’s motion for leave to take expedited discovery in connection with its pending motion for a preliminary injunction