This Weeks Cases

U.S. District Court of Delaware

BroadSoft, Inc. v. Callwave Commc'n, LLC, DEFAX Case No. D67903 (D.Del. Oct. 1, 2017), Andrews, U.S.D.J. (35 pages).

Patent claims ruled invalid where directed to abstract concepts of organizing and storing information and then transmitting that information according to predetermined instructions.


Delaware Court of Chancery

ADT Holdings, Inc. v. Harris, DEFAX Case No. D67897 (Del. Ch. Sep. 28, 2017), Laster, V.C. (8 pages).

A nonparty was not entitled to an order sealing trial exhibits and closing the courtroom, because it failed to establish any particularized risk of harm from disclosure of the information at trial.


Delaware Court of Chancery

B.E. Capital Mgmt. Fund LP v. Inc., DEFAX Case No. D67902 (Del.Ch. Oct. 4, 2017), Laster, V.C. (16 pages).

Creditor claim against company in receivership denied under doctrine of laches where claim would have been time-barred under longest potentially-applicable state limitations period and where there was no basis to toll the limitations period.


Delaware Court of Chancery

Chester Cnty. Employees' Ret. Fund v. New Residential Inv. Corp., DEFAX Case No. D67904 (Del.Ch. Oct. 6, 2017), Montgomery-Reeves, V.C. (33 pages).

Derivative complaint dismissed where the demand requirement was not excused as plaintiff failed to show that a majority of the board was not independent and disinterested from the challenged underlying transaction, and where allegations that the board failed to extract maximum value from the transaction were not a basis for director liability.


U.S. Bankruptcy Court of Delaware

In re Energy Future Holdings Corp., DEFAX Case No. D67906 (Del. Bank. Oct. 3, 2017), Sontchi, J. (28 pages).

Manifest errors of fact and law required the court to take the extraordinary step of reconsidering its order approving a termination fee in connection with a merger agreement.


U.S. Bankruptcy Court of Delaware

In re Millennium Lab Holdings II, LLC, DEFAX Case No. D67907 (Del. Bank. Oct. 3, 2017), Silverstein, J. (69 pages).

On remand, the bankruptcy court determined that: 1) it had constitutional adjudicatory authority to approve nonconsensual third-party releases; 2) lender waived any argument about the court's authority by failing to raise the issue prior to entry of the confirmation order; and 3) lender waived the right to trial on the merits of its fraud and RICO claims in the context of confirmation.


U.S. District Court of Delaware

Intercept Pharm., Inc. v. Fiorucci, DEFAX Case No. D67900 (D.Del. Sep. 28 2017), Andrews, J. (14 pages).

In this patent matter, a research scientist's screening of chemical compounds was a reduction to practice and not inventorship. Additionally, he had no ownership rights because he was obligated under the parties' agreement to assign the patents to plaintiff. Plaintiff's motions for summary judgment granted.


Delaware Superior Court

The Lima Delta Co. v. Global Aerospace, Inc., DEFAX Case No. D67908 (Del. Super. Oct. 5, 2017), Carpenter, J. (18 pages).

Where the owner of an aircraft failed to take action to secure proper storage for salvaged parts within three years following a crash, the court held that the statute of limitations barred a claim against the insurer for the diminution in value of the salvaged materials. Motion to dismiss granted.