• Delaware Business Court Insider

    The Alice Test is Losing Clout in Patent Cases

    July 11, 2019

    RPX data shows a substantial drop in the success rate of Section 101 motions since the Federal Circuit tweaked patent eligibility law 18 months ago.

  • AOS Holding Co. v. Bradford White Corp.

    Publication Date: 2019-07-03
    Practice Area: Patent Litigation
    Industry: Hardware
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A., Wilmington, DE; S. Edward Sarskas, Michael Best & Friedrich LLP, Milwaukee, WI; Kenneth M. Albridge III, Michael Best & Friedrich LLP, Madison, WI for plaintiffs
    for defendant: Andrew J. Koopman and Christopher H. Blaszkowski, RatnerPrestia, Wilmington, DE; Benjamin E. Leace, RatnerPrestia, King of Prussia, PA for defendant.

    Case Number: D68615

    Patent claim was not struck for indefiniteness when a person of ordinary skill in the art would sufficiently understand how to measure the term in the context of the claimed invention.

  • TC Tech. LLC v. Sprint Corp.

    Publication Date: 2019-07-03
    Practice Area: Expert Witnesses | Patent Litigation
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kelly E. Farnan and Katharine L. Mowery, Richards, Layton & Finger, P.A., Wilmington, DE; Lawrence J. Gotts, Saswat Mis-ra, Kevin L. Mallen and Gabriel S. Gross, Latham & Watkins LLP, Washington, DC, New York, NY, and Menlo Park, CA; Stephanie N. Solomon, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; David S. Benyacar and Daniel L. Reisner, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiff.
    for defendant: Shanti M. Katona and Christina M. Belitz, Polsinelli PC, Wilmington, DE; Robert Reckers, David Morehan, Christine A. Guas-tello, Jordan T. Bergsten, Colman D. McCarthy and Thomas M. Patton, Shook, Hardy & Bacon LLP, Houston, TX and Kansas City, MO for defendants.

    Case Number: D68620

    The court granted several aspects of the parties' various motions to limit expert testimony where the experts did not tie their opinions to the facts of the case.

  • National Law Journal

    Supreme Court Means What It Says About PTAB—but in Which Case?

    June 24, 2019

    The court will have two of its own precedents to choose from when it decides the Federal Circuit's authority to review the Patent Trial and Appeal Board's timeliness decisions.

  • AgroFresh Inc. v. Essentiv LLC

    Publication Date: 2019-06-19
    Practice Area: Patent Litigation
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68598

    Stay of patent infringement case granted where Patent Trial and Appeals Board ruled that claims of a patent-in-suit were unpatentable and parties anticipated appeal of that decision, since resolution of that matter could result in simplification of the issues on trial.

  • S.I.SV.EL. Societa Italiana Per Lo Sviluppo Dell' Elettronica S.P.A. v. Rhapsody Int'l Inc.

    Publication Date: 2019-06-19
    Practice Area: Patent Litigation
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Timothy Devlin, Devlin Law Firm LLC, Wilmington, DE for plaintiff.
    for defendant: David E. Moore, Bindu A. Palapura and Stephanie E. O'Byrne, Potter Anderson & Corroon LLP, Wilmington, DE for defend-ants Rhapsody Int'l and Spotify USA Inc. Patrick Bageant, Hollystone Law, Boise, ID for defendant Rhapsody Int'l. Stefani E. Shanberg and Michael J. Guo, Morrison & Foerster LLP, San Francisco, CA for defendant Spotify USA Inc.

    Case Number: D68605

    Defendants were not entitled to summary judgment, because genuine issues of material fact existed as to whether the patent involved an inventive concept.

  • National Law Journal

    Supreme Court Keeps a Tight Lid on PTAB Appeals

    June 17, 2019

    The justices turned away two cases Monday that would have let more petitioners appeal unsuccessful validity challenges at the United States Patent and Trademark Office.

  • Ultravision Tech., LLC v. RMG Networks Holding Corp.

    Publication Date: 2019-05-22
    Practice Area: Patent Litigation
    Industry: Advertising | Electronics
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Alfred R. Fabricant, Lawrence C. Drucker, Peter Lambrianakos, Vincent J. Rubino, III, Joseph M. Mercadante and Alessandra C. Messing, Brown Rudnick LLP, New York, NY for plaintiff.
    for defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett Charhon, Martin C. Robson and Anthony M. Garza, Charhon Callahan Robson & Garza, PLLC, Dallas, TX for defendant.

    Case Number: D68473

    The court exercised its discretion to transfer this patent infringement action to a federal district court in another state for the convenience of the parties and witnesses, and because neither of the parties had their headquarters or operations in Delaware.

  • Delaware Business Court Insider

    AbbVie, Boehringer Settle Humira Patent Dispute in U.S.

    May 15, 2019

    Under the agreement, Boehringer will to pay AbbVie royalties for licensing its Humira patents and agreed to acknowledges the validity and enforceability of the patents, AbbVie said.

  • Delaware Business Court Insider

    Future Brightens for Quinn Emanuel Hair Treatment Case

    May 07, 2019

    Judge Joseph Bataillon says he will enjoin L'Oreal from marketing products that infringe a patent held by Olaplex LLC—notwithstanding a Patent Trial and Appeal Board decision finding the patent invalid.