158 results for 'court:"USDC Delaware"'.
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
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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
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