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Publication Date: 2023-12-11
Practice Area: Patent Litigation
Industry: Legal Services | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1247-CFC
Court referred plaintiffs' counsel for disciplinary investigations after finding that they acted at the direction of patent monetization firms rather than the named plaintiffs in the present patent infringement cases.
Publication Date: 2023-12-04
Practice Area: Patent Litigation
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 15-611-GBW
Court granted leave to supplement damages expert report where, although supplementation would cause defendants to incur additional discovery expenses, there would be no delay of trial and the report was critical to plaintiff's ability to prove damages at trial.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: Manufacturing | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Katharine L. Mowery, Dorronda Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; David W. Long-Daniels, M. Allyson Lumpkin, Ansley K. Fantaski, Squire Patton Boggs (US) LLP, Atlanta, GA for plaintiff.
for defendant: Joanna J. Cline, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Michael S. Hino, Troutman Pepper Hamilton Sanders LLP, Berwyn, PA for defendant.
Case Number: N22C-08-489
Court ordered escrow released where company had failed to state a valid claim for indemnification as it had not identified any extant loss that it had incurred or paid for.
Publication Date: 2023-11-20
Practice Area: Patent Litigation
Industry: Automotive | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; John M. Hughes, Andrew C. Baak, Taylor J. Kelson, Bartlit Beck LLP, Denver, CO; Rebecca T. Horwitz, Mark L. Levine, Bartlit Beck LLP, Chicago, IL for plaintiff.
for defendant: Daryll Hawthorne-Bernardo, Christian J. Singewald, White & Williams LLP, Wilmington, DE; Frank C. Cimino, Jr., Megan S. Woodworth, Jonathan L. Falkler, Charles J. Monterio, Jr., Venable LLP, Washington, DC for defendant.
Case Number: 18-1647-RGA
Court granted summary judgment of non-infringement after accepting defendant's proposed claim construction and struck plaintiff's supplemental declaration raising a doctrine of equivalents theory as untimely where plaintiff never raised the theory in its complaint or during discovery.
Publication Date: 2023-11-20
Practice Area: Patent Litigation
Industry: Accounting | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 22-65
Court dismissed patent infringement claim where patent was directed to ineligible subject matter by merely claiming the abstract idea of a billing system that used the internet and generic computer technology, without making any claims that constituted an improvement of computer technology.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-11-13
Practice Area: Mergers and Acquisitions
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Michael Hanrahan, Samuel L. Closic, John G. Day, Robert B. Lackey, Prickett, Jones & Elliott, P.A., Wilmington, DE; Max Huffman, Joseph A. Pettigrew, Scott+Scott Attorneys at Law LLP, San Diego, CA; Justin O. Reliford, Jing-Li Yu, Scott+Scott Attorneys at Law LLP, New York, NY for plaintiff.
for defendant: Edward B. Micheletti, Lauren N. Rosenello, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendants.
Case Number: 2022-0666-KSJM
Stockholder lacked standing to enforce merger agreement, and the agreement did not confer stockholders with third-party beneficiary status to pursue lost-premium damages while the target company pursued specific performance of the merger.
Publication Date: 2023-11-13
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 21-00169
Court dismissed claim of misleading proxy statements where allegedly false statements about company's commitment to workforce diversity were non-actionable, aspirational puffery that was immaterial to the investing public.
Publication Date: 2023-10-30
Practice Area: Litigation
Industry: Federal Government | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE; Brian R. Della Rocca, Compass Law Partners, Rockville, MD for plaintiff.
for defendant: David J. Soldo, Morris James LLP, Wilmington, DE; Alison Schary, Davis Wright Tremaine LLP, Washington, DC; Hilary Oran, Katherine M. Bolger, Davis Wright Tremaine LLP, New York, NY; Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, James G. Touhey, Jr., Director, Torts Branch, Stephen R. Terrell, Attorney, Torts Branch, United States Department Of Justice, Washington, DC; David J. Margules, Ballard Spahr LLP, Wilmington, DE, Lauren Russell, Ballard Spahr LLP, Washington, DC, Kaitlin M. Gurney, Ballard Spahr LLP, Philadelphia, PA; Bartholomew J. Dalton, Dalton & Associates, P.A., Wilmington, DE; Abbe David Lowell, Sanaya M. Tamboli, Winston & Strawn LLP, Washington, DC; David A. Kolansky, Winston & Strawn LLP, New York, NY for defendants.
Case Number: 23-247 (MN)
Applying the four factors enumerated in Pioneer, the court determined that plaintiff's counsel's late filing of an opposition to a motion to dismiss due to his mis-reliance on the rules was not "excusable neglect" and denied his motion to reconsider the court's decision granting the motion to dismiss.
Publication Date: 2023-10-16
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Ned Weinberger, Mark Richardson, Labaton Sucharow LLP, Wilmington, DE; Jeroen van Kwawegen, Edward G. Timlin, Eric J. Riedel, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiff.
for defendant: Rudolf Koch, Kevin M. Gallagher, Daniel E. Kaprow, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Thomas Uebler, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Jason Cyrulnik, Paul Fattaruso, Matthew Henken, Cyrulnik Fattaruso LLP, New York, NY for defendants.
Case Number: 2017-0486-SG
Although controlling stockholder breached fiduciary duties by using his position to cause company to release an indemnification claim, the minority stockholders were only entitled to nominal damages due to significant obstacles to enforcing the claim which resulted in the release consideration being worth more than the company likely would have recovered attempting to enforce the claim.
Publication Date: 2023-10-09
Practice Area: Patent Litigation
Industry: E-Commerce | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Fallon
Attorneys: For plaintiff:
for defendant:
Case Number: 23-365-SRF
Court dismissed patent infringement claim after finding patent was directed to ineligible subject matter where patent merely involved abstract processes capable of being performed by a human or with the assistance of generic technological components.
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