MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Marsaan L. Newman ("plaintiff"), an inmate at the Howard R. Young Correctional Institution ("HRYCI"), Wilmington, Delaware, filed this action pursuant to 42 U.S.C. 1983. He proceeds pro se and has been granted leave to proceed without prepayment of fees. Presently before the court are defendant's motion for summary judgment (D.I. 27) and plaintiff's motion for leave to file an amended answering brief (D.I. 39)...
MEMORANDUM OPINION STARK , U.S. District Judge : Pending before the Court are Defendants' (1) Motion for Summary Judgment of Invalidity under 35 U.S.C. 112(a) (C.A. No. 12-804 D.I. 78; C.A. No. 12-964 D.I. 70); (2) Motion for Partial Summary Judgment Limiting Damages in the Case to Post-Complaint Activities (C.A. No. 12-804 D.I. 69; C.A. No. 12-964 D.I. 59); and (3) Motion to Strike Declaration of Eric J. Gould Bear in Opposition to Defendants' Motion for Summary Judgment of Invalidity (...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Presently before the Court is the issue of claim construction of various disputed terms of U.S. Pat. No. RE43,318 ("the `318 patent"). I. BACKGROUND Plaintiff FlatWorld Interactives LLC ("Plaintiff') filed these patent infringement actions on June 22, 2012 against defendants Samsung Electronics America Inc., Samsung Electronics Co. Ltd., and Samsung Telecommunications America LLC (C.A. No. 12-804-LPS D.I. 1) and on July 20, 2012 against...
MEMORANDUM Sue L. Robinson , UNITED STATES DISTRICT JUDGE . Appellant Anita B. Carr ("Appellant"), who proceeds pro se, appeals from a February 3, 2014 order of the United States Bankruptcy Court for the District of Delaware dismissing her case for lack of subject matter jurisdiction. (D.I. 1) Presently before the court is Appellant's motion for extension of time to file her opening brief (D.I. 30) and Appellee JP Morgan Chase Bank's ("Chase Bank") motion to dismiss the appeal (D.I. 34)....
MEMORANDUM ORDER LEONARD P. STARK, District Judge. WHEREAS, Magistrate Judge Sherry R. Fallon issued a Report and Recommendation (D.I. 62) ("the Report") recommending that the Court grant the motion to dismiss (D.I. 42) filed by James 1. Mulva, Kenneth M. Duberstein, Ruth R. Harkin, Harold W. McGraw III, Robert A. Niblock, Harald 1. Norvik, William K. Reilly, Victoria J. Tschinkel, Kathryn C. Turner, William E. Wade Jr., Richard L. Armitage, Richard H. Auchinleck, James E. Copeland Jr.,...
MEMORANDUM GREGORY M. SLEET, District Judge. I. INTRODUCTION The plaintiff Edmund Zieger ("Zieger) filed this putative class action on September 25, 2013, against defendants NCAS of Delaware, LLC and Advance America, Cash Advance Centers, Inc. (collectively, "Advance"). (D.I. 1.) Zieger alleges that a loan agreement between Advance (lender) and Zieger (borrower), as well as other similar agreements with other borrowers, are unconscionable and unenforceable. Zieger seeks compensatory damages,...
MEMORANDUM ORDER RICHARD G. ANDREWS, District Judge. Before the Court is Plaintiffs Motion for Leave to Conduct Jurisdictional Discovery and Extension of the Briefing Schedule, filed on September 5, 2014. (D.I. 15). The parties fully briefed the matter (D.I. 16, 22, 27), appeared for oral argument on October 27, 2014 (D.I. 30), and provided supplemental briefing following oral argument. (D.I. 31-33). IT IS HEREBY ORDERED that Plaintiffs Motion is GRANTED. "Although the plaintiff bears...
MEMORANDUM SUE L. ROBINSON, District Judge. 1. Background. Plaintiff Donald Parkell ("plaintiff'), an inmate housed at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. 1983 and the Religious Land Use and Institutionalized Persons Act. He proceeds pro se and has been granted leave to proceed in forma pauperis. Plaintiff filed two motions for preliminary injunctive relief to compel defendants to provide him with a religious diet. (D....
REPORT AND RECOMMENDATION REGARDING DEFENDANT'S MOTION FOR FEES AND COSTS AS PREVAILING PARTY JOEL SCHNEIDER, Magistrate Judge. This matter is before the Court on defendant's "Motion for Fees and Costs as Prevailing Party." (D.I. 317). Defendant's motion was referred to this Court for a Report and Recommendation issued pursuant to 28 U.S.C. 636(b)(1)(B). The Court received the parties' extensive briefs and recently held oral argument. Plaintiff filed this patent infringement lawsuit on...
MEMORANDUM OPINION LEONARD P. STARK, District Judge. Pending before the Court are: (1) Google's Motion for Partial Summary Judgment of Non-Infringement (D.I. 480); and (2) Google's Motion for Summary Judgment of Invalidity (D.I. 482). For the reasons discussed below, the Court will deny Google's motions. 1 I. INTRODUCTION Plaintiff Transcenic, Inc. ("Transcenic") initiated the instant patent infringement action against Google, Inc. ("Google") ("Defendant"), Microsoft Corporation ("...
MEMORANDUM ORDER LEONARD P. STARK, District Judge. At Wilmington this 22nd day of December, 2014, having reviewed the parties' proposed pretrial order including briefing on various motions in limine ("MIL") (D.I. 558 Schedules C, D, E, F, G, H), IT IS HEREBY ORDERED that: 1. Plaintiff Transcenic, Inc.'s ("Transcenic") MIL 1 is DENIED. The witnesses Transcenic describes as previously undisclosed were adequately disclosed by Defendant Google, Inc. ("Google"), including by incorporating...
MEMORANDUM OPINION LEONARD P. STARK, Distric Judge. Pending before the Court are: (1) Google's Motion for Summary Judgment of No Standing (D.I. 481); and (2) Transcenic's Motion for Summary Judgment on Google Inc.'s Standing Defense (D.I. 488). For the reasons discussed below, the Court concludes that Transcenic has standing and, therefore, will deny Google's motion for summary judgment and grant Transcenic's motion. 1 I. INTRODUCTION Plaintiff Transcenic, Inc. ("Transcenic") initiated...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE, Magistrate Judge. Presently pending before the Court is Defendant Huntington Ingalls Incorporated's ("HII" or "Defendant") Motion to Dismiss for lack of personal jurisdiction, filed pursuant to Federal Rule of Civil Procedure 12(b)(2) (the "Motion"). (D.I. 243) For the reasons set forth below, the Court recommends that Defendant's Motion be GRANTED. I. BACKGROUND A. Factual Background 1. The MacQueens Plaintiff Marguerite MacQueen ("...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE, Magistrate Judge. Presently before the Court are: (1) Plaintiffs TSMC Technology, Inc. ("TTI"), Taiwan Semiconductor Manufacturing Company, Limited ("TSMC Ltd."), and TSMC North America Corp.'s ("TSMC NA") (collectively, "Plaintiffs" or "TSMC") "Motion to Enjoin Zond LLC from Maintaining a Later-Filed Action in the District of Massachusetts," (D.I. 7) (the "Motion to Enjoin"); and (2) Defendant Zond, LLC's ("Zond" or "Defendant") "Motion to...
MEMORANDUM OPINION Sue L. Robinson , District Judge . I. INTRODUCTION On July 24, 2013, plaintiffs Intellectual Ventures I LLC and Intellectual Ventures II LLC (collectively, "plaintiffs") filed a complaint against defendant Manufacturers and Traders Trust Company ("defendant") alleging direct and indirect infringement of U.S. Patent Nos. 7,664,701 ("the '701 patent"), 8,083,137 ("the '137 patent"), 7,603,382 ("the '382 patent"), 7,260,587 ("the '587 patent") (collectively, "the patents-...
MEMORANDUM OPINION Sue L. Robinson , District Judge . I. INTRODUCTION On May 24, 2013, plaintiff Cloud Satchel ("plaintiff") instituted suit against defendant Amazon.com, Inc. ("Amazon") and defendant Barnes & Noble, Inc. ("Barnes & Noble") (collectively, "defendants"), alleging infringement of U.S. Patent Nos. 5,862,321 ("the '321 patent") and 6,144,997 ("the '997 patent"). (D.I. 1) 1 On July 29, 2013, Amazon answered and asserted the affirmative defenses of non-infringement,...
MEMORANDUM OPINION RICHARD G. ANDREWS, District Judge. Pending before the Court is the issue of claim construction for the disputed terms found in U.S. Patent Nos. 6,771,970 ("the '970 patent") and 7,907,933 ("the '933 patent"). I. BACKGROUND On December 12 and 28, 2012, CallWave Communications, LLC ("CallWave") filed these actions for patent infringement against Defendants, alleging infringement of the '970 and '933 patents. (D.I. 1). 1 The Court has considered the parties' joint claim...
MEMORANDUM OPINION Sue L. Robinson , District Judge . I. INTRODUCTION On May 3, 2012, plaintiff Round Rock Research, LLC ("Round Rock") instituted suit against defendant SanDisk Corporation ("SanDisk"), alleging infringement of eleven patents, of which five are the subject of the current litigation: 1 U.S. Patent Nos. 5,615,159 ("the `159 patent") 2 , 6,728,798 ("the 798 patent"), 6,948,041 ("the `041 patent"), 7,336,531 ("the `531 patent"), and 8,060,719 ("the 719 patent"). 3 (D.I.1)...
MEMORANDUM GREGORY M. SLEET, District Judge. I. INTRODUCTION In this patent infringement action, plaintiff Avid Technology, Inc. ("Avid"). alleges that products manufactured by defendant Harmonic Inc. ("Harmonic") infringe the asserted claims of the patents-in-suit. 1 (D.I. 1.) The court held a nine-day jury trial in this matter on January 23 through February 4, 2014. (D.I. 169-177.) At trial, both parties properly moved for judgment as a matter of law ("JMOL") on a number of grounds...
Memorandum Opinion ANDREWS , UNITED STATES DISTRICT JUDGE : Before the Court is Defendant K12's Motion for Summary Judgment of Invalidity, Non-Infringement, and No Pre-Suit Damages. (D.I. 173). The motion is fully briefed (D.I. 174, 217, 239) 1 and oral argument was heard on October 28, 2014. 2 For the reasons set forth herein, the Defendant's Motion for Summary Judgment is granted with respect to the patent claims' invalidity under 35 U.S.C. 101. The patent does not claim patent-...
