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December 12, 2022 | Delaware Law Weekly

Morris James Partner Shares Legal Experience With University of Delaware Students

Morris James partner Lewis Lazarus spoke for the second consecutive year to students in the University of Delaware's class on entrepreneurship and leadership at the Horn Venture Development Center.
1 minute read
Horizon Med. LLC v. Apotex Inc.
Publication Date: 2022-12-06
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys:
For plaintiff: Karen E. Keller, Andrew E. Russell, Nathan R. Hoeschen, Emily S. DiBenedetto, Shaw Keller LLP, Wilmington, DE; Sanya Sukduang, Johnathan R. Davis, Allison E. Elkman, Cooley LLP, Washington, DC; Mazda Antia, Erin Trenda, Cooley LLP, San Diego, CA for plaintiffs.
For defendant: Kenneth L. Dorsney, Cortlan S. Hitch, Morris James LLP, Wilmington, DE; Deepro R. Mukerjee, Lance A. Soderstrom, Katten Muchin Rosenman LLP, New York, NY; Joseph M. Janusz, Katten Muchin Rosenman LLP, Charlotte, NC for defendants.
Case number: 22-640-CJB

A patent licensor could issue a license to a future continuation patent that was ultimately not issued to the licensor by expressly including future continuation patents in the scope of the license since permitting the eventual patent owner to sue for infringement of the continuation patent would undermine rights acquired for consideration by the licensee.

November 21, 2022 | Delaware Law Weekly

Delaware Supreme Court Appoints Morris James Attorney to Rules Committee

Morris James announced that the Delaware Supreme Court has appointed associate Eric Hacker to the Delaware Supreme Court Rules Committee for a three-year term commencing August 2022.
2 minute read
Eagle Pharm., Inc. v. Slayback Pharma LLC
Publication Date: 2022-11-08
Practice Area: Patent Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys:
For plaintiff: Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Daniel G. Brown, Rebecca Lynne Neubauer, Latham & Watkins LLP, Washington, DC; Kenneth G. Schuler, Marc N. Zubick, Alex Grabowski, Latham & Watkins LLP, Chicago, IL; Jennifer Koh, David F. Kowalski, Latham & Watkins LLP, San Diego, CA; Herman Yue, Latham & Watkins LLP, New York, NY for plaintiff.
For defendant: Neal C. Belgam, Eve H. Ormerod, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Constance S. Huttner, Paul S. St. Marie, Jr., Roy H. Wepner, Beth C. Finkelstein, Jason A. Lief, Windels Marx Lane & Mittendorf LLP, Madison, NJ; Kenneth L. Dorsey, Cortlan S. Hitch, Morris James LLP, Wilmington, DE; Deepro R. Mukerjee, Lance A. Soderstrom, Katten Muchin Rosenman LLP, New York, NY; Jitendra Malik, Joseph M. Janusz, Katten Muchin Rosenman LLP, Charlotte, NC; Christopher B. Ferenc, Katten Muchin Rosenman LLP, Washington, DC; Rachel L. Schweers, Rachel J. Schaub, Katten Muchin Rosenman LLP, Chicago, IL for defendants.
Case number: 21-1256-CFC-JLH

New drug application did not infringe on patent describing "ready to use" pharmaceutical product where proposed products were not prepackaged and required substantial effort to prepare the drug for administration.

October 31, 2022 | Delaware Law Weekly

DSBA to Hold Torts and Social Media CLE

The torts section of the Delaware State Bar Association is scheduled to hold a hybrid CLE seminar titled "Torts and Social Media."
2 minute read
October 26, 2022 | Delaware Business Court Insider

A Proposal to Permit Equitable Defenses to Noncompliant Acts That Are Described as 'Void' in an LLC Agreement

In CompoSecure v. CardUX, 206 A.3d 808 (Del. 2018), the Delaware Supreme Court held that when parties use the word "void" to describe the consequences of a noncompliant act under an LLC agreement, the act is deemed void ab initio, which as a practical matter, means the act is incurably void.
4 minute read
October 18, 2022 | Delaware Law Weekly

Wilson Sonsini Del. Partner Elected Fellow of American College of Governance Counsel

Wilson Sonsini Goodrich & Rosati announced that partner Joseph R. Slights III has been elected as a 2022 fellow of the American College of Governance Counsel, a professional, educational and honorary association of lawyers recognized for their achievements in the field of corporate governance.
2 minute read
September 20, 2022 | Delaware Law Weekly

DSBA to Hold Law Practice Management CLE Seminar

The Delaware State Bar Association (DSBA) and the Office of Disciplinary Counsel are set to host an upcoming hybrid CLE seminar titled, "Fundamentals of Law Practice Management 2022."
2 minute read
September 13, 2022 | Delaware Law Weekly

Morris James Associate Chairs DSBA's Litigation Section

Morris James associate Sarah Ennis has been elected to chair the Delaware State Bar Association's litigation section, effective July 2022.
1 minute read
September 07, 2022 | Delaware Business Court Insider

Chancery Finds Defendants Post-Trial Proved Fairness of Controlling Stockholder Transaction

When a controlling stockholder is on both sides of a transaction, the Delaware courts' most searching standard of review, entire fairness, is likely to apply. That generally means that a plaintiff who can credibly allege unfairness is likely to survive a motion to dismiss. It does not follow, however, that plaintiff will prevail at trial.
5 minute read

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