Delaware IP Law Blog

Recent Blog Posts

  • Judge Burke Limits Scope of IPR Estoppel to Instituted Claims This Report and Recommendation by Magistrate Judge Burke addresses a factual scenario that may apply in several cases in the wake of the Supreme Court’s decision in SAS Inst. Inc. v. Iancu, 138 S.Ct. 1348 (2018). In November 2012, Plaintiff PDI filed infringement actions in the District of Delaware alleging infringement of one patent-in-suit. Defendants in the infringement actions filed three petitions for inter partes review of certain claims of the patent-in-suit. The PTAB instituted review on... More
  • District of Delaware Announces Continued Operations During Government Shutdown Today the District of Delaware issued a Public Notice and Order regarding its anticipated continued operations during the federal government shutdown. Per the Public Notice, funds are only available to maintain normal operations of the District Court through next Friday, January 25. As the Court has determined that all its judicial officers and staff are essential personnel, after that day all District of Delaware employees will continue to report to work. The operations of the Clerk’s Office, including the... More
  • Chief Judge Stark Grants Motion to Dismiss for Improper Venue in Hatch-Waxman Litigation In September 2017, Chief Judge Stark denied a motion filed by Mylan Pharmaceuticals Inc. (MPI) to dismiss for lack of proper venue in light of TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514, 1519 (2017). That dismissal was without prejudice because Judge Stark found that he could not determine whether venue was proper on the record before him. Accordingly, the Court ordered expedited, venue-related discovery into whether MPI had a “regular and established... More
  • District of Delaware: Update on Case Assignments and Magistrate Judges Today the Court has released an announcement regarding the assignment of existing and new cases to District Judges and a modified plan for the utilization of magistrate judges. The announcement is available here.... More
  • District of Delaware Welcomes Judges Connolly and Noreika The United States District Court for the District of Delaware today released the following announcement: District of Delaware Welcomes Judges Connolly and Noreika The United States District Court for the District of Delaware is pleased to welcome the Honorable Colm F. Connolly and the Honorable Maryellen Noreika as United States District Court Judges. Continue reading... More
  • The New United States District Judges for the District of Delaware Are Confirmed On August 1, 2018, the Senate confirmed Colm F. Connolly and Maryellen Noreika as the District of Delaware’s newest District Judges. Connolly will fill the seat vacated by the retirement of Judge Sue L. Robinson, and Noreika will fill the seat vacated by Senior Judge Gregory M. Sleet. These confirmations return the District of Delaware to a full complement of District Judges. Colm Connolly is a partner with the law firm of Morgan, Lewis & Bockius LLP, where he manages... More
  • YOUNG CONAWAY FORMS NEW TRADE SECRET AND EMPLOYEE MOBILITY PRACTICE Young Conaway Stargatt & Taylor, LLP recently unveiled the formation of its Trade Secret and Employee Mobility practice.   Our practice is comprised of a team of intellectual property, employment, corporate, and business litigation specialists who have a wide range of experience with internal investigations, employee mobility counseling, and prosecuting and defending expedited cases in various courts in and around the Mid-Atlantic region, including the Delaware Court of Chancery, Delaware Superior Court and District Court for the District of Delaware. The primary areas of the practice will include: Prevention of... More
  • Registration for District of Delaware Bench and Bar Conference, May 3-4, 2018 Registration is now open for the 2018 District of Delaware Bench and Bar Conference. Please visit to register. The agenda for the Conference is available here. We hope to see you on Mary 3 and 4.... More
  • Chief Judge Stark Addresses Erroneous Jury Instruction Chief Judge Stark recently was faced with a motion for final judgment under Fed. R. Civ. P. 58 following a jury verdict of induced infringement. The parties in the case agreed that the instruction given to the jury on inducement was erroneous in light of a related litigation between the same parties in which the Federal Circuit had ruled that the same instruction was erroneous. The patentee, Power Integrations, however, had not objected to the identical instruction in... More
  • Judge Andrews invalidates patent under 101 Judge Richard G. Andrews recently granted a motion for summary judgment that the asserted claims of a patented “apparatus, method and database for control of audio/video equipment” is invalid under 35 U.S.C. § 101.   D&M Holdings Inc. v. Sonos, Inc., C.A. No. 16-141-RGA (D. Del. Feb. 20, 2018).  The Court agreed with the defendant that the claim at issue was “at most, directed to the automation process that can be (and has been) performed by humans,” such as when (1)... More