This Weeks Cases

U.S. District Court of Delaware

Forest Labs. v. Teva Pharms., DeFAX Case No. D67283 (D. Del. May 25, 2016) Stark, J. (memorandum) (6 pages)

Following the claim construction opinion in January 2016, the parties filed a proposed stipulation and requested the court vacate the claim construction opinion. The court declined.


Delaware Supreme Court

Bower v. DFS, DeFAX Case No. D67287 (Del. June 9, 2016) Valihura, J. (13 pages).

Incarcerated mother was unable to complete case plan for reunification with children in history of inadequate medical care, and adoption by family member was determined in interest of the children. Mother's appealed termination of parental rights denied and Family Court decision affirmed.


U.S. District Court of Delaware

Frye v. Colvin, DeFAX Case No. D67285 (D. Del. May 12, 2016) Sleet, J. (memorandum) (15 pages).

Both parties to a case on Social Security disability insurance filed for summary judgment. Motion by defendant granted; motion by plaintiff denied.


Delaware Supreme Court

Grant v. Grant, DeFAX Case No. D67286 (Del. April 25, 2016) Holland, J. (4 pages).

Appeal from findings by Family Court not supported by transcript. Decision of Family Court affirmed.


U.S. District Court of Delaware

Ampro Computers v. LXE, DeFAX Case No. D67282 (D. Del. July 1, 2016) Stark, J. (memorandum) (11 pages).

Plaintiff filed a motion for partial relief from 2015 order and leave to amend complaint, while defendants moved for sanctions. All three denied.


U.S. District Court of Delaware

Adtile Techs. v. Perion Network, DeFAX Case No. D67281 (D. Del. June 23, 2016) Robinson, J. (memorandum) (15 pages).

In a case of licensing agreement with built-in freedoms for the developer, the owner of the technology tried to impose limitations that the agreement had negated. Plaintiff failed to meet the criteria for preliminary injunction against the marketing company and its overseas owner; plaintiff's motion for preliminary injunction denied.


U.S. District Court of Delaware

Viatech v. Microsoft, DeFAX Case No. D67284 (D. Del. June 14, 2016) Andrews, J. (memorandum) (33 pages).

Early step in litigation concerning licensing control of digital content files required court determination on claim construction. Unopposed motion for an extension of time to redact the transcript of the discovery dispute conference granted.