164 results for 'court:"USDC Delaware"'.
J. Burke declines to dismiss antitrust claims brought by the manufacturer of a generic version of Apokyn, a treatment for conditions of Parkinson's Disease, because the complaint states claims for anticompetitive conduct such as coercing specialty pharmacies to cancel orders for generic cartridges and filing sham citizen petitions to complicate the FDA review process.
Court: USDC Delaware, Judge: Burke, Filed On: May 16, 2024, Case #: 1:22cv1302, NOS: Patent - Property Rights, Categories: Antitrust, Patent
J. Slomsky dismisses claims over the '682 patent, which concerns technology for security problems in streaming audio and video content, because the claims fail both steps of the "Alice" framework. However, claims concerning the '980 patent survive the first "Alice" step and thus remain eligible for patent protection, and indirect and willful infringement claims may continue since the complaint adequately pleads pre-suit knowledge.
Court: USDC Delaware, Judge: Slomsky, Filed On: May 14, 2024, Case #: 1:22cv680, NOS: Patent - Property Rights, Categories: Patent
J. Williams finds that plaintiff should be granted summary judgment in claims stemming from the recall of her "FCANCER" vanity license plate because the regulation prohibiting vanity plates unconstitutionally vests reviewers with the discretion to restrict private speech, outside the confines of unprotected speech such as hate speech.
Court: USDC Delaware, Judge: Williams, Filed On: May 14, 2024, Case #: 1:21cv1133, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Vehicle
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Connolly finds that the Kurin Lock, a health care company's blood sequestration device, does not infringe the '483 patent because the product has a porous plug that serves as both a seal and a vent, not two separate apparatuses as in the '483 patent.
Court: USDC Delaware, Judge: Connolly, Filed On: May 14, 2024, Case #: 1:19cv97, NOS: Patent - Property Rights, Categories: Patent
J. Slomsky declines to dismiss certain counts in patent infringement claims concerning technology for delivering digital video content because claims passing the "Alice" framework are not directed to patent-ineligible subject matter. Meanwhile, claims of indirect and willful infringement may continue because the complaint adequately pleads pre-suit knowledge.
Court: USDC Delaware, Judge: Slomsky, Filed On: May 14, 2024, Case #: 1:22cv229, NOS: Patent - Property Rights, Categories: Patent
J. Fallon compels a biotechnology company to produce unredacted copies of certain communications between non-attorneys and portions of a lab notebook in patent infringement claims concerning non-invasive prenatal testing technology, and denies all other requests to compel documents.
Court: USDC Delaware, Judge: Fallon, Filed On: April 26, 2024, Case #: 1:20cv1734, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Williams sustains an objection to the denial of a motion to dismiss patent infringement claims concerning the use of codes to identify networked devices to establish connections because the representative claim of the '842 patent is directed to the abstract idea of communicating identification information with an image, a well known method that has been in use for some time, and no inventive concept can transform this claim into a patent-eligible application.
Court: USDC Delaware, Judge: Williams, Filed On: April 22, 2024, Case #: 1:23cv218, NOS: Patent - Property Rights, Categories: Patent
J. Wolson dismisses infringement claims concerning a patent for "re-trying access of automotive electronic control units to a storage resource" because the patent holder's expert failed to explain how Volvo automobiles practice the patent claim under the claim construction.
Court: USDC Delaware, Judge: Wolson, Filed On: April 1, 2024, Case #: 1:22cv293, NOS: Patent - Property Rights, Categories: Patent
J. Bibas grants the city and a police detective summary judgment in claims contending plaintiff served nearly 40 years for rape he may not have committed because the five remaining claims fail to materially allege the city had exercised deliberate indifference in training and supervising officers, or that the charged detective withheld evidence he did not possess.
Court: USDC Delaware, Judge: Bibas, Filed On: April 1, 2024, Case #: 1:20cv1692, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
Magistrate Fallon declines to dismiss patent claims for willful and contributory infringement because a pre-suit notice letter provided knowledge of infringement, and the pleadings did not undermine that the accused products are not a staple article or commodity of commerce suitable for non-infringing use. Also, false marking and advertising claims have been sufficiently pleaded to survive at this stage.
Court: USDC Delaware, Judge: Fallon, Filed On: March 28, 2024, Case #: 1:23cv80, NOS: Patent - Property Rights, Categories: Patent
Magistrate Fallon declines to compel the reproduction of unredacted copies of documents containing training about a 2013 FTC decision and order that had been withheld and/or redacted based on attorney-client privilege because plaintiffs did not waive privilege by using training presentations as both a sword and a shield.
Court: USDC Delaware, Judge: Fallon, Filed On: March 27, 2024, Case #: 1:21cv245, NOS: Patent - Property Rights, Categories: Discovery, Privilege
J. Noreika denies an appeal from a bankruptcy opinion concerning a credit company's refusal to advance funds to a landscaping company under a "lockbox" line of credit because the credit company had sole discretion to advance funds to the landscaping company, which was required to perform obligations under the credit agreement. Since the credit agreement had not been breached, breach of contract had not occurred, which is predicate to a separate cause of action for breach of the implied duty of good faith and fair dealing.
Court: USDC Delaware, Judge: Noreika, Filed On: March 25, 2024, Case #: 1:23cv620, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Contract
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