164 results for 'court:"USDC Delaware"'.
J. Noreika grants the U.S. judgment as a matter of law since evidence did not support the finding of no direct or induced infringement of patents related to a two-drug regimen for HIV infections. However, a new trial is not warranted because the verdict on each of the three theories of invalidity was supported by substantial evidence.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:19cv2103, NOS: Patent - Property Rights, Categories: Patent
J. Goldberg grants summary judgment of noninfringement of U.S. Patent No. 6,219,730 concerning Bluetooth modules contained in Sony video game controllers because the patent holder failed to prove the module was equivalent to the patent's logic diagram under the function-way-result test.
Court: USDC Delaware, Judge: Goldberg, Filed On: March 25, 2024, Case #: 1:17cv135, NOS: Patent - Property Rights, Categories: Patent
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J. Connolly dismisses all but a promissory estoppel claim in an employment civil rights action, finding this claim was timely filed within three years of the termination of the employee's employment. His claims seeking recovery of wages were not timely filed within the applicable one-year statute of limitations. His bad faith claim is also dismissed since he fails to allege that the employer falsified or manipulated an employment record of any kind.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:23cv575, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Kennelly dismisses Puma Biotechnology's claims against Astrazeneca Pharmaceuticals alleging that the competitor's drug Tagrisso infringes on Puma's patent. Puma lacks standing because its exclusive license does not apply to the relevant compound in Tagrisso. However, another drug maker, Wyeth LLC, holds enough exclusionary rights in the patent to establish an injury-in-fact for Article III purposes. All other summary judgment motions on invalidity, written description and non-infringement of Tagrisso fail on the bases of claim construction.
Court: USDC Delaware, Judge: Kennelly, Filed On: March 18, 2024, Case #: 1:21cv1338, NOS: Patent - Property Rights, Categories: Patent
J. Connolly declines to dismiss claims alleging violations of the Controlled Substances Act after Walmart was charged with filling illegitimate prescriptions for opioids not known to be illegitimate by the pharmacists but known to be so by compliance team members. However, Walmart should be granted dismissal of two other counts based on the contention that its failure to comply with reporting requirements was not unlawful or subject to civil penalties during the relevant period.
Court: USDC Delaware, Judge: Connolly, Filed On: March 11, 2024, Case #: 1:20cv1744, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Agency
J. Williams dismisses infringement counterclaims concerning patents related to solar energy rapid shutdown technology because the solar power company failed to plead the affirmative defense with particularity and failed to plead that the patent holder breached the contract by refusing to offer a license in lieu of litigation.
Court: USDC Delaware, Judge: Williams, Filed On: March 4, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Licensing, Patent
J. Fallon dismisses patent infringement claims concerning an air traffic control warning system for low fuel levels in airplanes because the inventor already sued Boeing for the same technology in 2021, and new evidence was not sufficient in claims alleging improper inventorship.
Court: USDC Delaware, Judge: Fallan, Filed On: February 26, 2024, Case #: 1:23cv317, NOS: Patent - Property Rights, Categories: Patent
J. Bryson allows plaintiff to continue defamation claims contending coworkers falsely stated up the chain of command that plaintiff "had relapsed, was fired, and had gone crazy," which constituted a plausibly defamatory statement.
Court: USDC Delaware, Judge: Bryson, Filed On: February 22, 2024, Case #: 1:23cv148, NOS: Employment - Civil Rights, Categories: Employment, Defamation
J. Fallon dismisses two counts of discrimination in claims concerning a pharmaceutical company's mandate that workers receive Covid-19 vaccines for continued employment. The theory of "natural immunity" cannot justify a religious exemption, and thus the employees fail to state a claim for disparate treatment and failure to accommodate members of a proposed class.
Court: USDC Delaware, Judge: Fallon, Filed On: February 21, 2024, Case #: 1:22cv1634, NOS: Employment - Civil Rights, Categories: Immunity, Employment Discrimination
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: Property, Immunity, Jurisdiction
J. Burke denies manufacturers of refined coal a ruling that five patents for reducing mercury emissions from coal-burning power plants are not infringed by their actions of selling coal to power plants. Several plants obtained licenses and releases for the patents, but the manufacturers were not released from pre-license infringement claims.
Court: USDC Delaware, Judge: Burke, Filed On: February 13, 2024, Case #: 1:19cv1334, NOS: Patent - Property Rights, Categories: Energy, Licensing, Patent