REPORT AND RECOMMENDATION SHERRY R. FALLON , District Judge . I. INTRODUCTION Presently before the court in this patent infringement action is the motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by defendants UPL, Ltd., Decco U.S. Post Harvest, Inc., Cerexagri, Inc., and Essentiv, LLC, (collectively, "Decco"). (D.I. 131) 1 For the following reasons, I recommend that the court grant-in-part Decco's motion to dismiss. II....
REPORT AND RECOMMENDATION MARY PAT THYNGE , Chief Magistrate Judge . I. INTRODUCTION This matter arises from plaintiffs Troy Underwood and Transcend Technologies Group, Inc.'s (collectively, "Plaintiffs") First Amended Complaint against defendants Benefit Express Services, LLC; LLR Equity Partners, IV, L.P., LLR Equity Partners Parallel IV, L.P., Michael Sternklar, and Scott Evans (collectively, "Defendants"). The initial complaint was filed on March 5, 2018 against Benefit Express,...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . Plaintiffs Ethicon LLC, Ethicon Endo-Surgery, and Ethicon US LLC ("Ethicon" or "Plaintiffs") filed suit against Defendants Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., and Intuitive Surgical Holdings, LLC ("Intuitive" or "Defendants") on May 30, 2017, alleging infringement of United States Patent Nos. 9,585,658 ("the `658 patent"), 8,479,969 ("the `969 patent"), 9,113,874 ("the `874 patent"), 8,998,058 ("the `058...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Plaintiff Johnny B. Farrington, Jr. ("Farrington"), an inmate at the Sussex Correctional Institution, in Georgetown, Delaware, filed this action pursuant to 42 U.S.C. 1983. He proceeds pro se and has been granted leave to proceed in forma pauperis. Defendants Sergeant Margaret O'Bara ("O'Bara") and Corporal Jesse Silva ("Silva") (together "Defendants") move for summary judgment. (D.I. 49). Plaintiff opposes and has filed...
REPORT AND RECOMMENDATION MARY PAT THYNGE , Chief Magistrate Judge . I. INTRODUCTION On January 12, 2018, Angelo Lee Clark ("Clark" or "plaintiff") filed a first amended complaint ("FAC") alleging Robert M. Coupe ("Coupe"), Perry Phelps ("Phelps"), Dana Metzger ("Metzger"), David Pierce ("Pierce"), Major Jeffrey Carrothers ("Carrothers"), Captain Bruce Burton ("Burton"), Captain Marcello Rispoli ("Rispoli"), Captain Ronald Willey ("Willey"), Dr. William Ray Lynch ("Lynch"), Dr. Paola Mu...
MEMORANDUM RICHARD G. ANDREWS , District Judge . Plaintiff Augustus Hebrew Evans, Jr., an inmate at the James T. Vaughn Correctional Center in Smyrna, Delaware, who appears pro se, filed this action in the Superior Court of the State of Delaware in and for Kent County, Case No. K14C-09-028 RBY, raising claims under Delaware law. The matter was removed to this Court on October 16, 2014. (D.I. 1). The First Amended Complaint is the operative pleading. (D.I. 44). Before the Court are...
REPORT AND RECOMMENDATION SHERRY R. FALLON , Magistrate Judge . I. INTRODUCTION Presently before the court in this patent infringement action is plaintiff and counterclaim defendant Nuance Communications, Inc.'s ("Nuance") motion to dismiss the amended counterclaims filed by defendant and counterclaim plaintiff MModal LLC ("MModal"). (D.I. 48) For the following reasons, I recommend that the court deny Nuance's motion to dismiss. II. BACKGROUND Nuance designs and provides voice...
MEMORANDUM OPINION LEONARD P. STARK , District Judge . Plaintiff Horatio Washington Depot Technologies, LLC ("Horatio") sued Defendants TOLMAR, Inc., TOLMAR Pharmaceuticals, Inc., and TOLMAR Therapeutics, Inc. (together, "Tolmar"), alleging that Tolmar infringes Horatio's U.S. Patent Nos. 5,932,547 ("the '547 patent"), 6,124,261 ("the '261 patent"), and 6,235,712 ("the '712 patent"). (D.I. 1) The patentsin-suit describe stable non-aqueous formulations that include a peptide and a polar...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before the Court is the issue of claim construction of multiple terms in U.S. Patent Nos. 8,441,438 ("the '438 patent") and 8,552,978 ("the '978 patent"). The Court has considered the Parties' Joint Claim Construction Brief. (D.I. 51). The Court heard oral argument on December 14, 2018. (Hr'g Trans.). I. BACKGROUND On June 16, 2017, CyWee Group, Ltd. ("Plaintiff") filed a patent infringement action against Motorola...
MEMORANDUM OPINION MARYELLEN NOREIKA , District Judge . Before the Court is a motion to dismiss (D.I. 40) filed by Defendant NSS Labs, Inc. ("Defendant" or "NSS"), alleging that Plaintiff CrowdStrike, Inc. ("CrowdStrike") has failed to state a claim upon which relief can be granted with respect to Counts VI (Tortious Interference with Contract) and VII (Common Law Fraud) of the Second Amended Complaint (D.I. 34). For the reasons set forth below, the Court denies Defendant's motion to...
MEMORANDUM OPINION RICHARD G. ANDREWS , District Judge . Presently before the Court are Defendants' motion for summary judgment (D.I. 246) and Plaintiff's motion for partial summary judgment (D.I. 237). I have reviewed the parties' briefing. (D.I. 238, 247, 265, 268, 276, 281). I. BACKGROUND Plaintiff asserts claims 1-9 of U.S. Patent No. 9,364,520 ("the '520 patent"). (D.I. 1; D.I. 268 at 2). The '520 patent is directed to forms of factor VIII, "a protein necessary for normal blood...
MEMORANDUM OPINION ANDREWS , U.S. DISTRICT JUDGE . Currently pending before the Court is Defendant's Motion for Summary Judgment. (D.I. 175). The parties have fully briefed the issues. (D.I. 176, 182, 198). The Court heard oral argument on December 3, 2018. (D.I. 208). After considering the briefing and arguments, the Court GRANTS-IN-PART and DENIES-IN-PART Defendant's Motion. 1 I. Background Plaintiffs' predecessor-in-interest iControl Networks, Inc. filed this suit against Defendant...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . Presently before me is Defendants' Motion to Review Taxation of Costs. (D.I. 483). The Parties have fully briefed the issues. (D.I. 483, 484, 485). For the reasons set out below, I will GRANT Defendants' motion and allow them to recover costs beyond the amount initially granted by the Clerk. This Court granted Defendants' motion to dismiss and closed this case on August 31, 2016. (D.I. 472). Plaintiffs appealed that decision to the...
RECOMMENDATION Bankruptcy Case No. 08-11111 (KJC) BAP 18-53 MARY PAT THYNGE , Chief Magistrate Judge . At Wilmington this 20 th day of December, 2018 . WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter; WHEREAS, as a result...
RECOMMENDATION Bankruptcy Case No. 14-10979 (CSS) BAP 18-00051 MARY PAT THYNGE , Chief Magistrate Judge . At Wilmington this 20 th day of December, 2018 . WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court for this District dated September 11, 2012, the court conducted an initial review, which included information from counsel, to determine the appropriateness of mediation in this matter; WHEREAS, as a...
MEMORANDUM ORDER Bankr. Case No. 15-11738-BLS MARYELLEN NOREIKA , District Judge . I. INTRODUCTION Presently before the Court is Appellant's Motion for Emergency Temporary Injunction (D.I. 31) ("Emergency Motion"). The Court has considered the answering brief filed by appellee, the Bank of New York Mellon Trust Company, National Association as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2004-RS8 by and through its...
MEMORANDUM ORDER RICHARD G. ANDREWS , District Judge . Presently before me is Plaintiffs' Motion for Attorneys' Fees. (D.I. 210). The Parties have fully briefed the issues. (D.I. 211, 214, 219). For the reasons set out below, I will DENY Plaintiffs' motion. I. BACKGROUND Plaintiffs filed their complaint on February 20, 2015. (D.I. 1). They alleged that Defendant's Abbreviated New Drug Application infringed U.S. Patent Nos. 8,450,338 and 8,481,083. ( Id. ) Defendant filed its answer and...
MEMORANDUM ORDER LEONARD P. STARK , District Judge . At Wilmington this 20th day of December, 2018: Having reviewed the proposed pretrial order submitted by Plaintiff Greatbatch Ltd. ("Greatbatch" or "Plaintiff') and Defendants AVX Corporation and AVX Filters Corporation ("AVX" or "Defendants") (D.I. 1211) ("PTO"), IT IS HEREBY ORDERED that: 1. Greatbatch's motion in limine ("MIL") No. 1, to preclude AVX from presenting evidence relating to invalidity during the forthcoming (...
REPORT AND RECOMMENDATION CHRISTOPHER J. BURKE , Magistrate Judge . Presently before the Court in this patent infringement action is Defendant Ubisoft Inc.'s ("Ubisoft" or "Defendant") Daubert motion, filed pursuant to Federal Rule of Evidence 702, which seeks to strike the expert report of Plaintiff Princeton Digital Image Corp.'s ("Plaintiff" or "PDI") expert Mr. David Yurkerwich and to exclude Mr. Yurkerwich's testimony (the "Motion"). (D.I. 239) For the reasons that follow, the...
MEMORANDUM MARYELLEN NOREIKA , District Judge . Petitioner James Arthur Biggins ("Petitioner") was convicted in 1997 by a Delaware Superior Court jury of three counts of second degree unlawful intercourse, one count of third degree assault, and one count of second degree unlawful imprisonment. See Biggins v. Carroll, 2002 WL 31094810, at *1 (D. Del. Sept. 13, 2002). The Superior Court sentenced him to thirty years of incarceration followed by probation. Id. On March 25, 1999,...
