This Weeks Cases

U.S. District Court of Delaware

Delaware Display Grp., LLC v. Vizio, Inc., DEFAX Case No. D67665 (D.Del. Mar. 1, 2017), Andrews, J. (14 pages).

Where specification allowed a person of ordinary skill in the art to practice the claim, and where the light source limitation was not a novel aspect of the claim, defendant's motions for summary judgment were denied, and plaintiffs' partial motion for summary judgment on enablement and written description defenses granted.


U.S. District Court of Delaware

Reckitt Benckiser LLC v. Aurobindo Pharma Ltd., DEFAX Case No. D67668 (D.Del. Mar. 6, 2017), Stark, J. (20 pages).

Circumstantial evidence that defendants' product contained two distinct formulations was not sufficient to demonstrate patent infringement. Defendants' motion to exclude expert testimony denied; defendant's motion for summary judgment of non-infringement granted.


Delaware Court of Chancery

Ensing v. Ensing, DEFAX Case No. D67663 (Del.Ch. March 6, 2017), Slights, V.C. (38 pages).

Parent's attempt to exercise minor children members' rights was void as a matter of law where the operating agreement provided that the children's other parent, who was the third member of the LLC, had sole authority to act on behalf of the minor children with respect to the LLC.


U.S. District Court of Delaware

Poe-Smith v. Epic Health Serv., Inc., DEFAX Case No. D67664 (D.Del. March 8, 2017), Stark, U.S.D.J. (12 pages).

Employer may have had liability for sexual harassment caused by a nonemployee where employer's supervisors had constructive knowledge of past harassing behavior by non-employee and failed to take corrective action until receiving an active complaint.


U.S. District Court of Delaware

Blackbird Tech., LLC v. Lululemon Athletica, Inc., DEFAX Case No. D67662 (D.Del. March 10, 2017), Andrews, U.S.D.J. (7 pages).

Plaintiff's claim construction was overly broad where plaintiff's specification failed to explicitly declare that it was giving the constructed term an additional meaning other than that commonly understood by persons skilled in the art.


Delaware Superior Court

Duncan v. STTCPL, LLC, DEFAX Case No. D67656 (Del. Super. Feb. 28, 2017), Clark, J. (16 pages).

Motion to dismiss for breach of indemnification for remediation of environmental contamination, based on an intervening settlement agreement between the parties, was denied.


U.S. Bankruptcy Court of Delaware

In re TSAWD Holdings, Inc., DEFAX Case No. D67667 (Del. Bank. Mar. 1, 2017), Walrath, J. (24 pages).

In this adversary proceeding, issues regarding disputed goods were ripe for determination where the creditor had issued stoppage orders to prevent goods from being delivered to insolvent debtors. The court had subject matter jurisdiction to determine the claims and priorities. Motions to dismiss denied.


U.S. District Court of Delaware

Zalatel v. Prisma Labs, Inc., DEFAX Case No. D67669 (D.Del. Mar. 6, 2017), Robinson, J. (15 pages).

Despite plaintiff’s contention that trademarks were similar, the court found that the parties’ products were functionally different and were not likely to be confused in the marketplace. Plaintiff’s motion for preliminary injunction denied.