OPINION STARK, District Judge: Pending before the Court are four motions for summary judgment filed by plaintiff Power Integrations, Inc. ("Power") (D.I. 235, 239, 243, 250); three motions for summary judgment filed by defendants Fairchild Semiconductor International, Inc., Fairchild Semiconductor Corporation, and System General Corporation (collectively, "Fairchild") (D.I. 254, 257, 262); two Daubert motions filed by Power (D.I. 232, 247); and one Daubert motion filed by Fairchild (D.I. 260)...
OPINION STARK, District Judge: I. INTRODUCTION This federal civil rights action presents the question of whether the Brandywine School District School Board and Superintendent maintained a custom or policy of deliberate indifference that permitted one of its teachers to violate the constitutional rights of one of its students. It also poses the issue of whether the Superintendent knew of or acquiesced in the teacher's conduct. Finally, even if the record does not justify proceeding to trial...
ORDER JOSEPH J. FARNAN, JR., District Judge. WHEREAS, Magistrate Judge Stark issued a Report and Recommendation (D.I. 95) dated June 18, 2010, concerning Claim Construction; WHEREAS, the Report and Recommendation provided construction for the terms disputed by the parties; WHEREAS, Defendants filed Objections to Judge Stark's Report and Recommendation (D.I. 97); WHEREAS, the Court concludes that Judge Stark's Report and Recommendation should be adopted for the reasons stated by Judge...
MEMORANDUM OPINION STARK, District Judge: This action was filed by Plaintiffs, B. Braun Melsungen AG & B. Braun Medical Inc. (collectively, "Braun"), against Defendants Terumo Medical Corporation and Terumo Corporation (collectively, "Terumo") on May 13, 2009, alleging infringement of U.S. Patent No. 7,264,613 ("the '613 patent"). (D.I. 1) Pending before the Court are two motions for summary judgment filed by Braun, one summary judgment motion filed by Terumo, one motion to strike filed by...
MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION In this consolidated patent infringement action, plaintiffs Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC (collectively, "Sanofi" or "the plaintiffs") allege that pharmaceutical products proposed by defendants Hospira, Inc. ("Hospira") and Apotex, Inc. ("Apotex") (collectively, "the defendants") infringe the asserted claims of the patents-in-suit. (D.I. 1.) The court held a seven-day bench trial in this matter on October 26...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION On November 20, 2009, plaintiff American General Life Insurance Company ("plaintiff") filed the present action against defendants Helen Goldstein ("Goldstein"); Jonathan S, Berck ("Berck"); Thomas Laskaris ("Laskaris"); The Helen Goldstein Insurance Trust (the "Trust"); XLI Holdings, LLC ("XLI"); Highland Capital Brokerage Inc. ("Highland"); Frank B. Weisz ("Weisz"); and Frank B. Weisz and Associates P.C. ("Weisz and...
MEMORANDUM OPINION FARNAN, District Judge. Presently before the Court is a Motion For Preliminary Injunction (D.I. 6) filed by Plaintiff Symbol Technologies, Inc., and a Motion To Preclude Evidence of Symbol's Profits (D.I. 149) filed by Defendant Janam Technologies LLC. For the reasons to be discussed, both Motions will be denied. BACKGROUND On June 9, 2008, Plaintiff Symbol Technologies, Inc. ("Symbol") filed this patent infringement action, alleging infringement of U.S. Patent Nos. 5,...
MEMORANDUM OPINION FARNAN, District Judge. Presently before the Court are Defendant Agere System Inc.'s Renewed Motions For Judgment As A Matter Of Law of: 1) No Direct Infringement Of Any Claims Of Any Of The Asserted Patents (D.I. 405); 2) No Indirect Infringement Of Any Claim Of U.S. Patent No. 6,198,776 (D.I. 407); 3) No Infringement Under A Theory Of Component Liability Pursuant To 35 U.S.C. Section 271(f) (D.I. 409); and 4) No Infringement Under The Doctrine Of Equivalents (D.I. 411)....
MEMORANDUM OPINION FARNAN, District Judge. This patent infringement action was tried before a jury, and the jury returned a verdict in favor of Plaintiff in the amount of $61,770,994.60 in lost profits and royalty damages. Following the jury's verdict, the Court conducted a bench trial on the issue of Plaintiff's standing to bring this action. For the reasons discussed, the Court concludes that Plaintiff had standing to bring this action and maintained standing throughout the pendency of...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Clyde E. Mease, Jr. ("Mease" or "plaintiff") filed the present action against Wilmington Trust Company ("WTC" or "defendant") on April 26, 2006, alleging that his employment termination was based on age discrimination. (D.I. 1) Plaintiff originally brought claims under both state law and the Age Discrimination in Employment Act (ADEA), 42 U.S.C. 621 et. seq. 1 ( Id. ) This court declined to exercise supplemental...
MEMORANDUM OPINION FARNAN, District Judge. Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. 2254 ("Petition") filed by Petitioner Ward T. Evans ("Petitioner"). (D.I. 2; D.I. 6.) For the reasons discussed, the Court will dismiss the Petition and deny the relief requested. I. FACTUAL BACKGROUND On November 12, 1981, Petitioner had been living in his brother's Hartly residence for a little more than a week. Petitioner's brother had a fourteen-year-...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION On April 24, 2009, plaintiffs Lakita Blair, Linda Frazier, Bonnie Wright, Christopher Shull, Cheryl Maxey, Lawrence D. Meyer, Jacob Evans, Claude Edmonds, Brian Carey, John Earle, Kathleen Hall, and Olga Vaysman (collectively, "plaintiffs"), individually and as class representatives, 1 filed the present action against defendants Infineon Technologies AG ("Infineon AG"), Infineon Technologies North America Corporation ("...
MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION In this consolidated patent infringement action, plaintiffs Santarus, Inc. ("Santarus") and the Curators of the University of Missouri (the "University") (collectively, "the plaintiffs") allege that defendant Par Pharmaceutical, Inc.'s ("Par") proposed generic pharmaceutical product infringes the asserted claims of the patents-in-suit. (D.I. 1.) The court held a five-day bench trial in this matter on July 13 through July 17, 2009. (D....
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court is a Motion For Limited Intervention To Obtain Copies Of Evidence (D.I. 1508) ("Motion") filed by Anvik Corporation ("Anvik"). For the reasons discussed, the Court will grant Anvik's Motion to the extent it seeks limited intervention, but deny the Motion to the extent it seeks modification of the Protective Order and/or access to sealed and otherwise confidential materials. I. PARTIES' CONTENTIONS Anvik is a...
OPINION HILLMAN, District Judge. 1 This matter comes before the Court pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g), to review the final decision of the Commissioner of the Social Security Administration, denying Plaintiff's application for Disability Insurance Benefits and Supplemental Security Income ("Social Security benefits") under Title II and Title XVI of the Social Security Act. 42 U.S.C. 401, et seq. The issue before the Court is whether the...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION QVC, Inc. ("QVC") and QHealth, Inc. ("QHealth") (collectively, "plaintiffs") brought claims for false advertising under the Lanham Act, 15 U.S.C. 1125(a) (hereinafter, " 43"), common law false advertising, violation of the Delaware Consumer Fraud Act, 6 Del. C. 2531 et seq., and violation of the Delaware Uniform Deceptive Trade Practices Act ("DTPA") against defendants Andrew Lessman ("Lessman") and Your Vitamins, Inc....
MEMORANDUM ORDER MARY PAT THYNGE, United States Magistrate Judge. I. INTRODUCTION On June 30, 2010, plaintiff Emmanuel Esaka ("Esaka") filed a complaint against defendants Nanticoke Health Services, Inc., Mid-Sussex Medical Center, Inc. (collectively, "Nanticoke"), and individual defendants Margaret Crockett ("Crockett") and Joseph Stokes ("Stokes"). 1 The complaint alleges Esaka was subjected to discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U....
MEMORANDUM OPINION STARK, District Judge: Plaintiff ICU Medical, Inc. ("ICU") filed this case against Defendant RyMed Technologies, Inc. ("RyMed") alleging infringement of United States Patent Nos. 5,865,866 (the "'866 Patent"); 5,873,862 (the "'862 Patent"); 5,928,204 (the "'204 Patent"); and 6,572,592 (the "'592 Patent") (collectively, "the patents-in-suit") under 35 U.S.C. 271. ICU further alleges that RyMed has induced and/or contributed to infringement of the asserted claims of the...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Delaware Department of Natural Resources and Environmental Control ("DNREC") brought this action pursuant to Administrative Procedure Act ("APA") section 706, 5 U.S.C. 706, to challenge decisions made by the U.S. Army Corps of Engineers ("Corps") pursuant to the Clean Water Act ("CWA"), the Clean Air Act ("CAA"), and the Coastal Zone Management Act ("CZMA") in connection with a project to deepen the main...
MEMORANDUM OPINION JOSEPH FARNAN Jr., District Judge. Pending before the Court are competing Motions for Partial Summary Judgment. Plaintiffs Judith Johnson and Louis Johnson filed a Motion For Partial Summary Judgment Concerning Defendant Beebe Medical Center's EMTALA Violation. (D.I. 138.) Defendant Beebe Medical Center, Inc. ("Beebe") then filed its Motion For Partial Summary Judgment On Plaintiffs' Claims Under the Emergency Medical Treatment And Active Labor Act. (D.I. 140.) Beebe's...
