MEMORANDUM ORDER CHRISTOPHER J. BURKE , Magistrate Judge . Presently pending before the Court is Defendant Intel Corporation's ("Defendant") request that the Court strike what Defendant refers to as "newly identified product families" (the "products at issue") from Plaintiff VLSI Technology, LLC's ("Plaintiff") amended infringement contentions, which Plaintiff served on July 24, 2019. (D.I. 320 at 1) For the reasons set forth below, the Court concludes that Plaintiff untimely identified...
MEMORANDUM AND ORDER JOSEPH F. BATAILLON , Senior District Judge . This matter is before the Court on defendants' motion for entry of judgment, or in the alternative, motion to sever the claim of whether the trust is covered by ERISA, filed by Elton Corporation, Gregory Fields, First Republic Trust Company of Delaware LLC D.I. 133; request for certification of direct appeal motion of third-party defendants for certification of interlocutory appeal and joinder in the defendants' motion to...
MEMORANDUM ORDER CHRISTOPHER J. BURKE , Magistrate Judge . Presently pending before the Court is Plaintiff S.I.SV.EL. Societa Italiana per lo Sviluppo Dell'elettronica S.p.A.'s ("Plaintiff") Motion for Vacatur of the Court's Invalidity Orders (the "Motion"). (D.I. 68) With the Motion, Plaintiff asks the Court to vacate three prior Memorandum Opinions and Orders, which granted summary judgment and found invalid each of three of the patents in-suit, concluding that those patents were...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Pending before the Court in these patent infringement cases are Defendants Walmart Inc., Vudu, Inc. (collectively, the "Walmart Defendants"), Cigna Corp. and Cigna Health and Life Insurance Company's (collectively, the "Cigna Defendants" and together with the Walmart Defendants, "Defendants") motions to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Motions"). (Civil Action...
MEMORANDUM LEONARD P. STARK , District Judge . I. BACKGROUND Petitioner has filed a Petition for Writ of Habeas Corpus asserting the following two Claims: (1) the Superior Court violated Petitioner's due process rights during his sentencing hearing by considering unproven aggravated sentencing facts under an erroneous minimal indicia of reliability evidentiary standard; and (2) the Superior Court erred in concluding that Petitioner was not entitled to an evidentiary hearing to challenge...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Presently pending before the Court in this suit is Defendant Natera, Inc.'s ("Defendant" or "Natera") motion seeking dismissal of Plaintiff CareDx, Inc.'s ("Plaintiff" or "CareDx") Complaint, filed pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (the "Motion"). (D.I. 8) CareDx's Complaint alleges false advertising and "trademark disparagement" under the Lanham Act, common law unfair competition, and...
MEMORANDUM OPINION COLM F. CONNOLLY , District Judge . Pending before me is Plaintiff beIN Media Group LLC's renewed motion for entry of a default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). D.I. 23. I. Background beIN Media is a global media company that owns the trademark to "BEIN." D.I. 1 2. It filed this in rem action under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d), against Defendant domain name , alleging that the registrant...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Currently before the Court is the issue of claim construction of various terms in U.S. Patent Nos. 6,452,932 ("the '932 patent"), 6,463,052 ("the '052 patent"), 6,633,561 ("the '3,561 patent"), 7,286,561 ("the '6,561 patent"), 7,505,454 ("the '454 patent"), 6,298,064 ("the '064 patent"), 6,343,084 ("the '084 patent"), 6,473,429 ("the '429 patent"), 7,327,728 ("the '728 patent"), 7,324,534 ("the '534 patent"), 6,330,224 ("the '224...
MEMORANDUM Richard G. Andrews , United States District Judge . Pending before the Court is the Motion for Leave to file interlocutory appeal from a Bankruptcy Court decision, Maxus Liquidating Trust v. YPF S.A., et al. (In re Maxus Energy Corp.), 597 B.R. 235 (Bankr. D. Del. 2019) 1 ("Opinion") and accompanying Order (Adv. D.I. 112) ("Order"), which denied Repsol's Motion for Abstention (Adv. D.I. 32, 36) in the above-captioned adversary proceeding. On February 25, 2019, the...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . In my experience, corporate parties in complex litigation generally prefer to litigate in secret. To that end, discovery is over-designated as being confidential, pleadings and briefs are filed under seal, redacted versions of sealed documents are over-redacted, requests are made to seal portions of transcripts of judicial proceedings, and parties want to close the courtroom during testimony. I have tried over the years to reign these...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION Presently before the court in this breach of contract action is plaintiff Lummus Corporation's ("Lummus") renewed motion for judgment on the pleadings. 1 (D.I. 59) For the following reasons, the court recommends DENYING Lummus' renewed motion for judgment on the pleadings. 2 II. BACKGROUND a. Procedural History On October 12, 2018, Lummus originally filed this action against defendant TFII Legacy, LLC ("...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Plaintiff Anibal Melendez, an inmate at the James T. Vaughn Correctional Center in Smyrna, Delaware, filed this action pursuant to 42 U.S.C. 1983. 1 (D.I. 1). Plaintiff appears pro se and has been granted leave to proceed in forma pauperis. (D.I. 5). Before the Court is Defendant Monica Mill's motion to dismiss, and Plaintiff's motion to compel discovery, motion for leave to file an amended complaint, and request for entry of...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Pending before the Court is Plaintiff's Motion to Exclude the Expert Opinions of Cathleen Thomas Quigley Regarding Written Description and Enablement, or in the Alternative, for Summary Judgment. (D.I. 367). I have reviewed the parties' briefing and heard oral argument. (D.I. 368, 396, 413, 471). I. BACKGROUND In September 2015, Plaintiff ChanBond, LLC filed thirteen suits against numerous defendants (collectively, "Defendants")...
MEMORANDUM OPINION COLM F. CONNOLLY , District Judge . Super Interconnect Technologies LLC (SIT) has filed a three-count complaint against HP Inc. for patent infringement. D.I. 1. Before me is HP's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). D.I. 9. For the reasons discussed below, I will grant HP's motion. I. BACKGROUND 1 SIT alleges in its complaint that, "by, among other things, making, having made, using, offering for sale, selling,...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . At Wilmington this 18 th day of December 2019: WHEREAS, Blue Spike LLC, Blue Spike International Ltd., and Wistaria Trading Ltd. (collectively "Plaintiffs") have filed a suit for patent infringement against Charter Communications, Inc. ("Defendant"), alleging infringement of U.S. Patent Nos. 7,475,246, 8,739,295, and 9,934,408 (Counts I-III) (collectively, the "Secure Server patents"); 7,159,116 and 8,538,011 (Counts IV-V) (...
REVISED MEMORANDUM OPINION 1 COLM F. CONNOLLY , UNITED STATES DISTRICT JUDGE . Plaintiffs Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GMBH, and Cephalon, Inc. have sued Defendant Hospira, Inc., alleging infringement of nine patents listed in the Orange Book maintained by the Food and Drug Administration (FDA). The nine patents cover liquid formulations of the cancer drug bendamustine. Plaintiffs allege that Hospira's submission to the FDA of a New Drug Application (...
REPORT AND RECOMMENDATION JENNIFER L. HALL , Magistrate Judge . As announced at the hearing on December 19, 2019: 1. I recommend GRANTING-IN-PART and DENYING-IN-PART Magna Defendants' Motion to Dismiss Plaintiff's Complaint (C.A. No. 19-846, D.I. 15): a. I recommend DENYING Magna Defendants' motion to dismiss on the basis that the patents-in-suit are invalid as directed to unpatentable subject matter under 35 U.S.C. 101; b. I recommend DENYING Magna Defendants' motion to dismiss...
MEMORANDUM OPINION GERALD AUSTIN McHUGH , District Judge . Before me are cross motions for summary judgment in which breach of contract is the principal question. In March 2008, Raymond Mirra and Gigi Jordan executed a Mutual General Release Agreement. In that Release Agreement, each party "irrevocably release[d] and forever discharge[d]" the other party "from any and all manner of actions . . . by reason of any and all facts . . . which occurred, arose or existed at any time on or before...
MEMORANDUM OPINION COLM F. CONNOLLY , District Judge . Plaintiffs Eagle Pharmaceuticals, Inc., Teva Pharmaceuticals International GMBH, and Cephalon, Inc. have sued Defendant Hospira, Inc., alleging infringement of nine patents listed in the Orange Book maintained by the Food and Drug Administration (FDA). The nine patents cover liquid formulations of the cancer drug bendamustine. Plaintiffs allege that Hospira's submission to the FDA of a New Drug Application (NDA) for a liquid...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . Plaintiffs-Counterclaim Defendants SZ DJI Technology Co., Ltd., DJI Europe B.V., and DJI Technology Inc. (collectively, "DJI") filed suit against Defendants-Counterclaim Plaintiffs Autel Robotics USA LLC and Autel Aerial Technology Co., Ltd. (collectively, "Autel") on August, 11, 2016, alleging infringement of U.S. Patent Nos. 9,016,617 (the "'617 Patent"), 9,284,049 (the "'049 Patent"), 9,321,530 (the "'530 Patent"), and D691,514 (...
