MEMORANDUM OPINION ROBINSON , District Judge . I. INTRODUCTION Petitioner Justin Erskine ("petitioner") filed a pro se application for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254 (D.I. 1), and then filed two counseled amended applications for a writ of habeas corpus ("application"). (D.I. 9; D.I. 15) For the reasons that follow, the court will dismiss petitioner's 2254 application as time-barred by the one-year period of limitations prescribed in 28 U.S.C. 2244(d)(1)....
MEMORANDUM OPINION GREGORY M. SLEET , 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 Phillip L. Brewer ("Brewer"). (D.I. 2) The State filed a motion to dismiss the petition as time-barred. (D.I. 13-1) For the following reasons, the court will deny the petition as barred by the one-year limitations period prescribed in 28 U.S.C. 2244. I. BACKGROUND On April 27, 2011, Brew pled guilty...
MEMORANDUM SUE L. ROBINSON , District Judge . At Wilmington this 12 th day of December, 2016, having reviewed plaintiff's motion to alter or amend judgment under Fed. R. Civ. P. 59(e), and the response thereto; the court denies the motion for the reasons that follow: 1. Standard of review. Motions under Rule 59(e) are sparingly granted, as their purpose is limited to "correct[ing] manifest errors of law or fact or . . . present[ing] newly discovered evidence." Max's Seafood Caf ex...
MEMORANDUM OPINION GREGORY M. SLEET , District Judge . I. INTRODUCTION Bankr. Case No. 08-11407 (KJC). (Jointly Administered) Presently before the court is the pro se appeal (D.I. 1) of Ahmed Amr ("Appellant"), a former shareholder of the above-captioned Chapter 11 debtors ("Debtors"), from a Bankruptcy Court Memorandum Order (B.D.I. 2107) 1 ("Reconsideration Order"), which denied Appellant's Motion to Reconsider and Vacate Orders (B.D.I. 2001) ("Motion to Reconsider") regarding the...
MEMORANDUM SUE L. ROBINSON , District Judge . At Wilmington this 9 th day of December, 2016, having reviewed plaintiff's motion for reconsideration of the court's entry of judgment in favor of defendant, as well as the papers submitted in connection therewith, 1 the court denies the motion (D.I. 60) for the reasons that follow: 1. Standard of review. As related in D. Del. LR 7.5.1(a), "[m]otions for reargument[ 2 ] shall be sparingly granted." A motion for reargument is the "...
MEMORANDUM OPINION GREGORY M. SLEET , District Judge . I. INTRODUCTION Petitioner Dale A. Guilfoil ("Guilfoil") is an inmate at the Sussex Correctional Institution in Smyrna, Delaware. Guifoil filed the pending application for a writ of habeas corpus ("petition") pursuant to 28 U.S.C. 2254. (D.I. 3) The State filed a motion to dismiss without prejudice to allow Guilfoil to exhaust state remedies in state court. (D.I. 10) For the reasons discussed, the court will provide Guilfoil with an...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION This Report and Recommendation is limited to four pending motions for summary judgment in this asbestos-related personal injury action. The motions were filed by Defendants, CBS Corporation 1 ("CBS") (D.I. 146), The Goodyear Tire & Rubber Company ("Goodyear") (D.1. 152), FMC Corporation 2 ("FMC") (D.I. 156), and Ingersoll Rand Company ("Ingersoll") (D.1. 166) (collectively "Defendants"). 3 As indicated in...
MEMORANDUM OPINION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION Presently before the court in this asbestos-based personal injury action are cross-motions to establish applicable substantive law. 1 (D.I. 84 & 85) Plaintiffs Ralph Elliott Shaw and Joan Sanderson Shaw ("Plaintiffs"), argue that Connecticut law should apply to this case. (D.I. 85) Whereas, Andritz Inc., et al., (collectively, "Defendants") counter that maritime law should govern. 2 (D .I. 84) For the reasons that...
MEMORANDUM OPINION HON. LEONARD P. STARK , UNITED STATES DISTRICT JUDGE . Pending before the Court is Defendants AT & T Mobility LLC; AT & T Mobility II LLC; New Cingular Wireless Services, Inc.; SBC Internet Services; Wayport Inc.; T-Mobile USA, Inc.; T-Mobile US, Inc.; Nextel Operations, Inc.; Sprint Spectrum, L.P.; Boost Mobile, LLC; Virgin Mobile USA, L.P.; United States Cellular Corporation; and Intervenor Sierra Wireless America Inc.'s (collectively, "Defendants") Motion for...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . I unsealed the summary judgment record effective December 12, 2016, except as to any part of it to which objections were filed by December 7, 2016. (D.I. 156). Three timely objections were filed. (D.I. 162, 164, 165). Plaintiff answered. (D.I. 169). One reply was received. (D.I. 171). Visionworks objected to the unsealing of one document, and supported its objection with a declaration. (D.I. 165). Plaintiff's answer does not object to...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Plaintiff owns a patent claiming the invention of an apparatus to retrofit fluorescent lights with more energy efficient LED (light-emitting diodes) lighting. This invention is set out in claim 12 of U.S. Patent No. 7,086,747. Plaintiff Blackbird Tech LLC asserts that the four Defendants, ELB Electronics, ETi Solid State Lighting, Feit Electric Company, and PlusRite USA, infringe the '747 patent. While the parties agreed to the...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . In this patent litigation brought by Plaintiffs Bayer Pharma AG, Bayer Intellectual Property GmbH, and Bayer HealthCare Pharmaceuticals Inc. ("Bayer" or "Plaintiffs") pursuant to the Hatch-Waxman Act, 21 U.S.C. 355(j), the Court held a bench trial, thereafter ruling that the generic drug product 1 proposed to be marketed by Defendant Watson Laboratories, Inc. ("Watson" or "Defendant") would infringe Bayer's valid U.S. Patent No. 8,...
MEMORANDUM ORDER SHERRY R. FALLON , Magistrate Judge . At Wilmington this 27th day of December, 2016, the court having considered defendant Edwards Lifesciences Corporation's ("Edwards") request to include Paragraph 7.5(b) in the Protective Order (D.I. 53), IT IS HEREBY ORDERED that Edwards' request is DENIED for the reasons set forth below: 1. Background. Plaintiffs initiated this action for patent infringement on April 19, 2016. (D.I. 1) The deadline for fact discovery is May 26, 2017....
MEMORANDUM ORDER LEONARD P. STARK , District Judge . At Wilmington this 27th day of December, 2016: Pending before the Court is defendant PDV Holding, Inc.'s ("PDVH") request for certification of an interlocutory appeal pursuant to 28 U.S.C. 1292(b). (D.I. 41) For the reasons given below, IT IS HEREBY ORDERED that PDVH's motion (D.I. 41) is GRANTED. 1. Plaintiff Crystallex International Corporation ("Crystallex") filed its Complaint on November 23, 2015. (D.I. 1) Crystallex...
MEMORANDUM OPINION SUE L. ROBINSON , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION Currently before the court is Warren Small's ("petitioner") application for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254 ("application"). (D.I. 8) The State filed an answer in opposition. (D.I. 19) For the reasons that follow, the court will dismiss petitioner's 2254 application. II. BACKGROUND The facts leading up to petitioner's arrest and conviction are as follows: [Petitioner's]...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . In this patent infringement action, Mayne Pharma International Pty Ltd. ("Mayne" or "Plaintiff') alleges that Merck & Co., Inc. and Merck Sharp & Dohme Corp. (collectively, "Merck" or "Defendants"), and specifically Merck's Noxafil tablets, infringe Mayne's U.S. Patent No. 6,881,745, which relates to pharmaceutical compositions for poorly soluble, antifungal drugs. (D.I. 38 at 64) Now before the Court is the matter of claim...
MEMORANDUM ORDER SUE L. ROBINSON , District Judge . At Wilmington this 16 th day of November, 2016, having reviewed the papers submitted in connection with, the parties' proposed claim construction; IT IS ORDERED that the disputed claim language of U.S. Patent Nos. RE41,408 ("the '408 patent"), RE41,489 ("the '489 patent"), and RE41,571 ("the '571 patent"), shall be construed consistent with the tenets of claim construction set forth by the United States Court of Appeals for the Federal...
MEMORANDUM ORDER SUE L. ROBINSON , District Judge . At Wilmington this 18 th day of November, 2016, having heard argument on, and having reviewed the papers submitted in connection with, the parties' proposed claim construction; IT IS ORDERED that the disputed claim language of U.S. Patent No. 8,791,154 ("the '154 patent"), shall be construed consistent with the tenets of claim construction set forth by the United States Court of Appeals for the Federal Circuit in Phillips v. AWH Corp.,...
MEMORANDUM RICHARD G. ANDREWS , District Judge . Defendant Tracy Coats moves to disqualify David T. Movius and his law firm McDonald Hopkins LLC from acting as counsel for plaintiffs Hydrogen Master Rights, Ltd. ("HMR"), Carl Le Souef, and Pravansu Mohanty. (D.I. 15). Coats, Le Souef, and Mohanty are former partners. (D.I. 22 28, 49). Movius and McDonald Hopkins represented the former partners and HMR in connection with their purchase of certain hydrogen technology (the "Hydrogen...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . In this action filed by Plaintiffs/Counterclaim Defendants Boston Scientific Corporation ("BSC") and Boston Scientific SciMed, Inc. ("BSSI") (collectively, "Plaintiffs" or "Boston Scientific") against Defendants/Counterclaimants Cook Group Incorporated and Cook Medical LLC (collectively, "Defendants" or "Cook"), Plaintiffs allege infringement of United States Patent Nos. 8,685,048 (the '048 patent"), 8,709,027 (the '027...
