Motion To Stay In Light Of Reexamination Granted Where Reexamination Was Filed Before Lawsuit Was Filed and Parties Were Not Competitors. (Robinson, J.) Failure To Get FDA Approval Is Evidence Of “Failure Of Others” For Obviousness Analysis. (Robinson, J.) Motion To Stay In Light Of Reexamination Denied Notwithstanding Final Rejection Of All Claims in USPTO And Appeal Taken To Board Of Patent Appeals And Interferences. (Robinson, J.) Motion To Stay In Light Of Reexamination Denied, But Docketing Of Reexamination Appeal At Board Of Patent Appeals And Interferences Is A Factor Favoring A Stay. (Robinson, J.) Showing Of Hardship and Inequity Generally Needed To Show That Balance Of Equities Favors A Stay Pending Reexamination. (Stark, J.) Rule 30(b)(6) Requires A Parent Corporation To Produce A Witness To Testify Regarding The Knowledge Of Its Foreign Subsidiary. (Thynge, MJ) Accused Infringer’s Knowledge Of Prior Claim Construction In Other Proceedings Relevant And Admissible In Willfulness Inquiry. (Stark, J.) Trial Counsel Having Access To Defendant’s Confidential Information Permitted To Represent Patentee In Reexamination Proceeding. (Thynge, MJ) New Magistrate Judge Sought For the District Of Delaware.
Motion To Stay Granted Based On Concurrently Pending Inter Partes Reexamination Proceedings (Farnan, J.) Agent Who Signs ANDA Application On Behalf Of Foreign ANDA Applicant May Be Held Liable Under 35 U.S.C. § 271(e)(2)(A) (Farnan, J.) Patentee Reproduction Of Accused Product Sufficient To Survive Summary Judgment Motion Of Non-Infringement (Farnan, J.) Post-Suit Reasonableness Of A Parties’ Defenses Only One Factor In Evaluating Willfulness Claim (Farnan, J.) Source Code For Future Products Is Discoverable (Farnan, J.) Jury Trial Request Granted In ANDA Action After ANDA Filer Launched At-Risk (Farnan, J.) Federal Rule Of Civil Procedure 9(b) Applies To False Marking Claims Under 35 U.S.C. § 292 (Robinson, J.) Allegations Of Indirect Patent Infringement Dismissed For Failure To Plead Requisite Knowledge (Robinson, J.) Marking Requirement For Patented System Not Met When Operating Software Was Marked, But Not The System Itself (Robinson, J.) Judge Leonard P. Stark Sworn In As A District Judge On August 16, 2010 Most Cases Previously Assigned To Judge Joseph J. Farnan, Jr., Have Been Re-Assigned To Judge Leonard P. Stark Magistrate Judge Mary Pat Thynge Now Handling All Mediations In The District Of Delaware
No Decision Made On Reassignment Of Cases Presently Assigned to Judge Joseph J. Farnan, Jr. Given His Impending Retirement. Magistrate Judge Leonard P. Stark Nominated For The Vacant Judgeship Formerly Held By U.S. Third Circuit Court Of Appeals Judge Kent A. Jordan. No Tentative Approval From FDA Is Required To Permit Generic Drug Manufacturer To Possess Antitrust Standing Against Patent Owner. Judge Robinson Outlines Her Practice Regarding Willfulness And The Admissibility of Opinions of Counsel post-Seagate. Complaint Held Inadequate Under Twombly For Failing To Adequately Specify The Accused Product(s). Motion To Dismiss Denied In ANDA Case Where Generic Drug Manufacturer Imposed Unreasonable Conditions On Accessing ANDA Filing Pre-Suit. Propriety Of "Protective" ANDA Suits Recognized And Motion To Dismiss Denied Based On Allegation Of Forum Shopping. Actionable Mismarking Can Occur Where Conditional Marking Language Is Used If At Least One Claim Of Each Marked Patent Does Not Cover The Marked Product. Intent To Induce Infringement Found Based On "Targeting The US Market" Theory.
Judge Robinson Outlines Her Practice Regarding Willfulness And The Admissibility of Opinions of Counsel post-Seagate.
Complaint Held Inadequate Under Twombly For Failing To Adequately Specify The Accused Product(s).
