MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court is Defendant GE Lighting Solutions, LLC's ("GE" or "Defendant") Motion for Summary Judgment on Plaintiffs' Sole Claim — Patent Infringement. (D.I. 54) For the reasons set forth below, the Court will grant the motion. I. BACKGROUND On July 12, 2012, Plaintiffs Relume Corporation Trust and Denny Foy, Shawn Grady, and Marie Hochstein, as Trustees of the Relume Corporation Trust (collectively, "RCT" or "Plaintiffs")...
MEMORANDUM OPINION STARK, U.S. District Judge: Presently before the Court is the Motion to Dismiss Class Action Complaint and for More Definite Statement filed by Defendant ING Bank, fsb d/b/a/ ING Direct ("ING" or "Defendant"). (D.I.8) For the reasons discussed below, the Court will deny in part and grant in part the motion. I. BACKGROUND Jeffery Gerbitz ("Gerbitz" or "Plaintiff") filed the present action on December 7, 2012 on behalf of himself and all other similarly situated...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiff Nina Shahin ("Plaintiff') filed this action against Defendants the State of Delaware ("the State") and Office of Management and Budget ("OMB") ("together Defendants") alleging employment discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e, et seq., and the Age Discrimination in Employment Act ("ADEA''), 29 U.S.C. 629, et seq. (D.I. 2) The...
MEMORANDUM ORDER Sherry R. Fallon, UNITED STATES MAGISTRATE JUDGE I. INTRODUCTION Presently before the court in this sexual harassment, gender discrimination, and retaliation action brought under the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et seq. ("Title VII"), are the following motions: (1) the motion to strike of plaintiff Tammy L. Crawford ("Crawford" or "Plaintiff"), filed on August 17, 2012 (D.I.167); and (2) defendant George & Lynch, Inc.'s ("G & L" or "Defendant")...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Plaintiffs Helios Software, LLC and Pearl Software, Inc. ("Plaintiffs") filed a patent infringement action against Defendants Awareness Technologies, Inc. and Remote Computer Observation & Monitoring LLC (d/b/a Remotecom) (collectively "Awareness") on December 19, 2011. (C.A. No. 11-1259-LPS D.I. 1) Relatedly, Plaintiffs filed a patent infringement action against Defendant Spectorsoft Corporation ("Spectorsoft" and, with Awareness, "...
MEMORANDUM OPINION ROBINSON, District Judge. I. INTRODUCTION Paul R. Thielemann ("movant") is a federal inmate currently confined at the Petersburg Low Federal Correctional Institution in Petersburg, Virginia. Movant timely filed a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. (D.I.108) The government filed an answer in opposition (D.I.133), to which movant filed a response (D.I.140). For the reasons discussed, the court will deny movant's 2255 motion...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION On January 28, 2013, plaintiffs Auxilium Pharmaceuticals, Inc. ("Auxilium") and FCB I, LLC ("FBI") (collectively, "plaintiffs") filed this infringement action against defendant Upsher-Smith Laboratories, Inc. ("defendant") alleging infringement of U.S. Patent Nos. 7,320,968 ("the `968 patent"); 7,608,605 ("the `605 patent"); 7,608,606 ("the `606 patent"); 7,608,607 ("the `607 patent"); 7,608,608 ("the `608 patent"); 7,608,...
MEMORANDUM OPINION ROBINSON, District Judge. I. INTRODUCTION Plaintiff Timothy Fletcher ("plaintiff"), an inmate at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. 1983. (D.I. 3, 9, 24) He proceeds pro se and has been granted leave to proceed in forma pauperis. Presently before the court are plaintiff's request for counsel (D.I. 103), motions to compel (D.I. 104, 105), motion for an emergency ruling on pending motions (D.I. 107),...
MEMORANDUM ORDER LEONARD P. STARK, UNITED STATES DISTRICT JUDGE At Wilmington this 20th day of November, 2013, this matter coming before the Court upon the appeal (the "Appeal") (D.I.1) of Jeoffrey L. Burtch, Chapter 7 Trustee (the "Trustee") from the September 1, 2010 Order Granting Detroit Forming Inc.'s Motion for Summary Judgment (the "Order") (D.I.1) and accompanying Opinion (the "Opinion") 1 entered by the Honorable Christopher S. Sontchi, U.S.B.J., and having considered the...
MEMORANDUM OPINION CHRISTOPHER J. BURKE, Magistrate Judge. Plaintiff Debra L. Winters ("Winters" or "Plaintiff') appeals from a decision of defendant Carolyn W. Colvin, the Commissioner of Social Security ("the Commissioner"), 1 denying her application for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-33. The Court has jurisdiction over the matter pursuant to 42 U.S.C. 405(g). Presently pending before the Court are cross-motions for...
MEMORANDUM OPINION STARK, U.S. District Judge: Pending before the Court is Defendants' Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction Based on the Expiration of Asserted U.S. Patent No. RE38,115. (D.I.371) For the reasons discussed below, the Court will deny the motion. I. PROCEDURAL BACKGROUND Avanir Pharmaceuticals, Inc., Avanir Holding Company, and Center for Neurologic Study (collectively, "Avanir" or "Plaintiffs") filed this patent infringement action against...
MEMORANDUM OPINION ANDREWS, UNITED STATES DISTRICT JUDGE: Plaintiff Brenda Lee Seney appeals the denial of her applications for disability insurance benefits ("DIB") under Title II, and supplemental security income benefits ("SSI") under Title XVI, of the Social Security Act (the "Act"). See 42 U.S.C. 401-434, 1381-1383f. Jurisdiction exists pursuant to 42 U.S.C. 405(g). Pending before the Court are cross-motions for summary judgment filed by Seney and Carolyn W. Colvin, Acting...
MEMORANDUM OPINION RICHARD G. ANDREWS, District Judge. Pending before the Court is Petitioner Roderick Davis' Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 ("Petition"). (D.I. 1). The State filed a Motion to Dismiss for Lack of Jurisdiction over the Subject Matter, contending that the Petition should be dismissed for being second or successive and also for being time-barred. (D.I. 13). For the reasons discussed, the Court will grant the Motion to Dismiss on the ground...
MEMORANDUM OPINION ROBINSON, District Judge I. INTRODUCTION This case has a convoluted history, one that illustrates the collision between the administrative and judicial remedies available to a patent owner. There are two patents at issue — U.S. Patent No. 6,296,805 ("the `805 patent") 1 and U.S. Patent No. RE44,153 E ("the RE153 patent") 2 — and two prior proceedings at loggerheads — the judicial proceeding, which resulted in a mandate issued by the United States Court of Appeals for the...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. I. INTRODUCTION Plaintiffs UCB, Inc. and UCB Manufacturing, Inc. ("UCB" or "Plaintiffs") filed suit against Defendant Mallinckrodt Inc. ("Mallinckrodt" or "Defendant") alleging infringement of U.S. Patent No. 6,344,215 ("the '215 Patent"), which is entitled "Methylphenidate Modified Release Formulations." The Court held a Markman hearing on April 5, 2013. ( See Markman Hr'g Tr., April 5, 2013 (D.I. 56) (hereinafter "Tr.")) The...
MEMORANDUM OPINION SUE L. ROBINSON, District Judge I. INTRODUCTION Petitioner Andre Binaird ("petitioner") is a Delaware inmate in custody at the James T. Vaughn Correctional Center in Wilmington, Delaware. Presently before the court is petitioner's amended application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. (D.I. 1; D.I. 6) For the reasons that follow, the court will dismiss his application. II. FACTUAL AND PROCEDURAL BACKGROUND As set forth by the Delaware Supreme Court,...
OPINION REN E MARIE BUMB, District Judge. Plaintiffs Bayer CropScience AG and Bayer S.A.S. ("Plaintiffs" or "Bayer") have sued Defendant Dow AgroSciences LLC ("Defendant" or "Dow") for patent infringement based on Defendant's Enlist E3 ("E3") product. Defendant has moved for summary judgment, arguing that it does not infringe because it obtained a valid sublicense to develop and sell E3. Because this Court agrees that Defendant has a valid sublicense to develop and sell E3, Defendant's motion...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court are Plaintiff The Flintkote Company's ("Plaintiff' or "Flintkote") Motions to Compel Arbitration in two related cases. (D.I. 5, C.A. No. 13-935; D.I. 9, C.A. No. 13-103) Also pending before the Court is Defendant Indemnity Assurance Company Ltd.'s ("Indemnity Marine") Motion for Summary Judgment (D.I. 11, C.A. No. 13-935) and Defendant Aviva PLC, formerly known as Commercial Union Assurance Company Ltd.'s ("Aviva")...
MEMORANDUM OPINION STARK, District Judge. Presently before the Court is Defendant Facebook, Inc.'s ("Defendant" or "Facebook") Motion to Dismiss Pursuant to Rule 12(b)(6) (D.I.11) and Plaintiff Kickflip, Inc.'s ("Plaintiff" or "Kickflip") Motion to Strike Re: Facebook, Inc.'s Motion to Dismiss (D.I.14). I. INTRODUCTION Kickflip filed this action against Facebook on October 26, 2012, alleging antitrust violations and tortious interference, in relation to Facebook's virtual-currency...
MEMORANDUM ORDER RICHARD G. ANDREWS, District Judge. An assistant professor claims that his termination from employment at the University of Delaware violates due process. He seeks a preliminary injunction. For the reasons that follow, I DENY the motion for a preliminary injunction. (D.I. 1). I consider the motion in light of the standard for granting a preliminary injunction. "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he...
