By Memorandum Order entered by the Honorable Maryellen Noreika in Chemours Company FC, LLC v. Daikin Industries, Ltd. et al., Civil Action No. 17-1612-MN-CJB (D.Del. March 23, 2022), the Court adopted the Oral Report and Recommendation entered by Magistrate Judge Burke on December 15, 2021 recommending that the Court grant-in-part and deny-in-part Defendants Daikin Industries,
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Judge Stark Denies Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint in Patent Infringement Action Claiming Defendants’ Lung Cancer Diagnostic Test Product Infringes Plaintiff’s Patent Technology
By Memorandum Opinion entered by the Honorable Leonard P. Stark in Natera, Inc. v. Inivata, Inc. et al., Civil Action No. 21-56-LPS (D.Del. March 14, 2022), the Court denied defendants’ motion to dismiss plaintiff’s first amended complaint asserting claims of patent infringement against defendants arising from defendants’ lung cancer diagnostic test product. In denying defendants’…
Judge Noreika Overrules Plaintiff’s Objections and Adopts Magistrate Judge Hall’s Claim Construction of Seven Disputed Terms in Patents-At-Issue in Infringement Action
By Memorandum Opinion and Order entered by The Honorable Maryellen Noreika in Osteoplastics, LLC v. Conformis, Inc., Civil Action No. 20-405-MN-JLH (D.Del. February 14, 2022), the Court overruled Plaintiff’s objections to the Report and Recommendation Regarding Claim Construction (D.I. 92) and adopted the claim construction of The Honorable Jennifer L. Hall of seven claims in…
Judge Burke Recommends Grant of Defendants’ Motion for Judgment on the Pleadings in Inventorship Dispute Action
In his Report and Recommendation entered in Bear Box LLC et al. v. Lancium LLC et al., Civil Action No. 21-534-MN-CJB (D.Del. January 18, 2022), the Honorable Christopher J. Burke recommends that the Court grant Defendants’ Motion for Judgment on the Pleadings seeking the dismissal of Counts III, IV and V of Plaintiff’s Amended Complaint…
Judge Noreika Grants Defendant’s Post-Trial Renewed Motion for Judgment as a Matter of Law Reversing the Jury’s Finding of Liability for False Advertising under the Lanham Act and Award of Punitive Damages Against Defendant
By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. v. Next Caller, Inc., Civil Action No. 18-172-MN (D.Del. January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award…
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Judge Stark Denies Defendant’s Motion to Dismiss Under 35 U.S.C. § 101 After Finding Patent-in-Suit Is Not Directed to an Abstract Idea
By Memorandum Order entered by the Honorable Leonard P. Stark following oral argument in Invitae Corp. v. Natera, Inc., Civil Action No. 21-669-LPS (D.Del. November 29, 2021), the Court denied defendant Natera’s motion to dismiss plaintiff’s claims of patent infringement under 35 U.S.C. §101 after rejecting defendant’s assertion that the patent-in-suit, U.S. Patent No. 10,604,799…
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Judge Andrews Construes Two Remaining Disputed Terms of Patent Relating to Improved Process to Convert Benzindene Triol to Trespostinil
By Memorandum Opinion entered by The Honorable Richard G. Andrews in United Therapeutics Corporation v. Liquidia Technologies, Inc., Civil Action No. 20-755-RGA (D.Del. November 18, 2021), the Court issued its claim construction of the two remaining disputed terms of U.S. Patent No. 9,604,901 (“the ‘901 patent”) relating to “an improved process to convert benzindene triol…