MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff Enova Technology Corporation ("Plaintiff" or "Enova") filed suit against defendants Initio Corporation, Initio Corporation (California), Western Digital Corporation, Buffalo Inc., and Buffalo Technology (USA), Inc. 1 (collectively, "Defendants"), alleging infringement of U.S. Patent Nos. 7,136,995 ("the `995 patent"), entitled "Cryptographic Device," and 7,900,057 ("the `057 patent"), entitled "Cryptographic...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff Intellectual Ventures LLC I ("Plaintiff" or "IV") filed this patent infringement lawsuit on December 8, 2010. (D.I. 1) There are four patents-in-suit: United States Patent Nos. 6,460,050 ("the '050 patent"); 6,073,142 ("the '142 patent"); 5,987,610 ("the '610 patent"); and 7,506,155 ("the '155 patent"). The patents-in-suit relate generally to methods and systems for managing and protecting against computer...
MEMORANDUM OPINION RICHARD G. ANDREWS, District Judge. Plaintiff Universal Innovations, LLC filed this patent infringement action against Defendants CS Industries, Inc., BuySeasons, Inc., d/b/a Celebrate Express and Celebrateexpress.com, Birthday Express and Birthdayexpress.com, Costume Express and Costumeexpress.com, and Party City Corporation on June 6, 2011. (D.I. 1). Universal alleges that the Defendants infringe U.S. Patent No. 5,187,512 ("the `512 Patent"). (D.I. 1). The '512 Patent,...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff Janet M. Truitt ("Truitt" or "Plaintiff") appeals from a decision of defendant, Michael J. Astrue, the Commissioner of the Social Security Administration ("Commissioner" or "Defendant"), denying her claim for supplemental security income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. This Court has jurisdiction pursuant to 42 U.S.C. 405(g). Presently pending before the Court are...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court is the issue of claim construction of various disputed terms found in U.S. Patent No. 5,610,059 (the "'059 patent"). 1 I. BACKGROUND Intervet Inc., d/b/a Merck Animal Health, and the Arizona Board of Regents (collectively "Plaintiffs"), filed this patent infringement action against Defendant Boehringer Ingelheim Vetmedica, Inc. ("Vetmedica" or "Defendant") on July 6, 2011. The '059 patent relates to a newly...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Presently before the Court are Defendant Agere Systems Inc.'s ("Defendant" or "Agere") Motion for a Trial on Remaining Defenses (D.I. 496), Objections to the Special Master's Report and Recommendation (D.I. 494), and Renewed Motion for Judgment that the Jury's Damages Award is Unsupported as a Matter of Law (D.I. 403), as well as Plaintiff CIF Licensing, LLC d/b/a GE Licensing's ("Plaintiff") Motion for Pre and Postjudgment Interest (D.I....
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Avanir Pharmaceuticals, Inc., Avanir Holding Company, and Center for Neurologic Study (collectively, "Avanir" or "Plaintiffs") filed this patent infringement action against Actavis South Atlantic LLC, Actavis, Inc., Par Pharmaceutical, Inc., Par Pharmaceutical Companies, Inc., Impax Laboratories, Inc., Wockhardt, Ltd.,Wockhardt USA, LLC, Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., and Watson Pharma, Inc. (collectively, "...
MEMORANDUM ORDER STARK, J. At Wilmington this 30th day of November, 2012, this matter coming before the Court upon the appeal (the "Appeal") (D.I. 1) of New Generation Advisors, LLC ("NGA" or "Appellant"), from an order (the "Order") (Bankr. Case No. 09-13449-BLS, D.I. 1180) and opinion (the "Opinion") (Bankr. D.I. 1179) entered on November 17, 2010 by Bankruptcy Judge Brendan Shannon in the chapter 11 proceedings of Accuride Corporation, et al., denying NGA's Motion to Enforce the Third...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Presently before the Court are Defendants' motion to exclude Plaintiffs' legal expert (D.I. 343) and Defendants' motion to exclude Plaintiffs' expert testimony on state of mind (D.I. 341). For the reasons discussed below, the Court will grant! Defendants' motion to exclude Plaintiffs' legal expert and grant in part and deny in part Defendants' motion to exclude Plaintiffs' expert testimony on state of mind. I. BACKGROUND On October 26,...
MEMORANDUM OPINION GREGORY M. SLEET, District Judge. Pending before the court is a petition for a writ of habeas corpus pursuant to 28 U.S.c. 2254 filed by petitioner Joseph Chambers ("Chambers"). (D.I. 1) For the reasons discussed, the court will deny the petition. I. FACTUAL AND PROCEDURAL BACKGROUND As set forth by the Delaware Supreme Court in Chambers v. State, 930 A.2d 904 , 906-07 (Del. 2007): On April 27, 2003, Gregory Graves, a resident of Simonds Gardens in New Castle, was...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Michael S. Riego ("plaintiff"), a former inmate at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. 1983. (D.I. 2) He proceeds pro se and has been granted leave to proceed in forma pauperis. Presently before the court is defendants' motion for summary judgment and plaintiff's request for counsel. (D.I. 84) The court has jurisdiction pursuant to 28 U.S.C....
MEMORANDUM ORDER CHRISTOPHER J. BURKE, United States Magistrate Judge. In this action, Plaintiff Ever Win International Corporation ("Plaintiff" or "Ever Win") has filed a Complaint alleging patent infringement against Defendant Radio Shack Corporation ("Defendant" or "Radio Shack"). (D.I. 1) Presently before the Court is Defendant's motion to stay pending ex parte reexamination of the lone patent-in-suit, U.S. Patent No. 6,174,075 ("the '075 Patent"). (D.I. 10) For the reasons stated...
MEMORANDUM OPINION RICHARD G. ANDREWS, District Judge. Plaintiff Carl Hooten, proceeding prose, filed this action (D.I. 16) alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-5. The Amended Complaint mentions 18 U.S.C. 1341 and 1346, 42 U.S.C. 1964, 1 1983, and 1985, the Fifth and Fourteenth Amendments to the Constitution, and 19 Del. C. 801 and 802. Before the Court is Defendant Greggo and Ferrara Company's Motion for...
OPINION NOEL L. HILLMAN, District Judge. In this consolidated patent infringement action, 1 Plaintiff Evonik Degussa GmbH ("Evonik") alleges Defendant Materia Inc. willfully infringes U.S. Patent Nos. 7,378,528 and 7,652,145. In response, Materia Inc. alleges Evonik's patents are unenforceable because of inequitable conduct. Third Party Plaintiff, the University of New Orleans Foundation ("UNOF") joins Materia Inc. and counterclaims that Evonik willfully infringes UNOF's U.S. Patent No. 7,...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Presently before the Court is Defendants Comcast Corporation, Comcast Cable Communications, LLC, and Comcast Cable Communications, Inc.'s Motion to Dismiss for Failure to State a Claim, Lack of Jurisdiction, and Improper Venue. (D.I. 8) For the reasons discussed below, the Court will deny the motion. I. BACKGROUND Plaintiff DN Lookup Technologies LLC ("DN Lookup") filed a complaint asserting infringement of U.S. Patent No. 6,332,158 (...
OPINION NOEL L. HILLMAN, District Judge. In this consolidated patent infringement action, 1 Plaintiff Evonik Degussa GmbH ("Evonik") alleges Defendant Materia Inc. willfully infringes U.S. Patent Nos. 7,378,528 and 7,652,145. In response, Materia Inc. alleges Evonik's patents are unenforceable because of inequitable conduct. Third Party Plaintiff, the University of New Orleans Foundation ("UNOF") joins Materia Inc. and counterclaims that Evonik willfully infringes UNOF's U.S. Patent No. 7,...
OPINION REN E MARIE BUMB, District Judge. The poet Ella Wheeler Wilcox once said that "a weed is but an unloved flower." Farmers and the parties to this litigation disagree. Each party has sought patent protection for intellectual property that allows crops, primarily corn and soybeans, to resist a powerful weed herbicide known as 2,4-Dichlorophenoxyacetic acid ("2,4-D"). Use of the 2,4-D herbicide maximizes crop yields because the crops no longer have to compete with weeds for water,...
MEMORANDUM OPINION GREGORY SLEET, District Judge. Petitioner Joseph R. Barry filed a document titled "Petition for a Redress of Grievances" in the Court of Appeals for the Third Circuit. The Third Circuit interpreted the pleading as petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 ("petition") and transferred the case to this court. (D.I. 1) Because Barry was a state prisoner at the time of filing, and his petition challenges the validity of a finding that he violated his...
ORDER LEONARD P. STARK, District Judge. WHEREAS, Magistrate Judge Fallon issued a Report and Recommendation (D.I. 61) dated August 3, 2012; WHEREAS, the Report and Recommendation recommends that the Court DENY as moot Defendants' motion to dismiss the original complaint (D.I. 30); and GRANT Defendants' motion to dismiss the first amended complaint (D.I. 41). WHEREAS, any Objections to the Report and Recommendation (D.I. 61) were to be filed by August 20, 2012; WHEREAS, neither party has...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. 2254 ("Petition") filed by Petitioner Marcellous Andre Holbrook ("Petitioner"). (D.I. 1) For the reasons discussed, the Court will dismiss the Petition and deny the relief requested. II. BACKGROUND As set forth by the Delaware Superior Court, the facts leading to Petitioner's arrest and conviction are as follows: The...
