Delaware IP Law Blog

Recent Blog Posts

  • 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
  • Agenda for District of Delaware Bench and Bar Conference, May 3-4, 2018 The agenda for the 2018 District of Delaware Bench and Bar Conference has been released and is available below. Registration for the conference will open in a few weeks. We hope to see you on May 3 and 4! Agenda... More
  • Chief Judge Stark Finds Patent Not Enabled, Sets Aside Jury Verdict In December 2016, a Delaware jury found that Gilead had failed to prove the asserted patent in this case was invalid and awarded damages of $2.54 billion. But Chief Judge Stark has now granted Gilead’s motion for judgment as a matter of law that the asserted claims are not enabled. Although Gilead also moved for JMOL or a new trial with respect to damages, Judge Stark denied that motion and a motion arguing that the asserted patent failed... More
  • Judiciary Committee Holds Hearing on Nominations for the District of Delaware Today the United States Senate Committee on the Judiciary held a hearing on the nominations of Colm F. Connolly and Maryellen Noreika to be United States District Judges for the District of Delaware, bringing the District of Delaware one step closer to returning to full strength. The nominations will next be voted on by the full Senate. Colm Connolly is a partner with the law firm of Morgan, Lewis & Bockius LLP, where he manages the Wilmington office as a... More
  • Chief Judge Stark considers venue motions In two opinions issued the same day, Chief Judge Leonard P. Stark considered motions to transfer venue in light of TC Heartland and the Federal Circuit’s recent pronouncement on the venue defense in In re Micron Tech, Inc., 875 F.3d 1091 (Fed. Cir. 2017). Koninklijke KPN N.V. v. Kyocera Corporation, et al., C.A. No. 17-87-LPS-CJB (D. Del. Dec. 18, 2017) & 3G Licensing, SA, Koninklijke KPN N.V. and Orange S.A. v. HTC Corporation, et al., C.A. No. 17-83-LPS-CJB (D. Del.... More
  • Judge Andrews Grants-in-Part Daubert Challenge to Damages Expert Judge Andrews recently issued a memorandum order ruling on the Defendants’ motion to exclude testimony of Plaintiffs’ damages expert in MiiCs & Partners, Inc., et al. v. Funai Electric Co., Ltd., et al., C.A. No. 14-804-RGA, Memo. Or. (D. Del. Dec. 7, 2017). The Defendants lodged several challenges to the Plaintiffs’ expert’s opinion. First, Judge Andrews found that, for one patent-in-suit, the expert’s use of a “5% to 10% cost-savings benefit” provided by the Plaintiffs’ technical expert... More
  • Judge Andrews grants motion for reconsideration on whether plaintiff’s Global Head of IP should have access to Defendant’s ANDA On August 24, 2017, in Ferring Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Civ. No. 17-435-RGA, Judge Richard G. Andrews ruled that it would be inappropriate to add plaintiff’s Global Head of IP as an in-house designee under the protective order, finding that such person was a competitive decision maker.  See previous Order here.  On December 11, 2017, however, Judge Andrews changed course, granting plaintiff’s motion for reconsideration and allowing plaintiff’s designee access to Defendant’s ANDA and ANDA-related material.   Judge Andrews found that... More