Intellectual Property

Theranos Headquarters

Delaware Court Blocks Theranos Tender Offer Ahead of Fraud Trial

By Tom McParland |

The Delaware Court of Chancery has stopped for now a tender offer that investors said would allow Theranos Inc. to "insulate itself" and hinder their ability to claw back a $96 million investment in the embattled blood-testing company.

Teva Pharmaceuticals.

Stark Green Lights Infringement Claims Against Teva

By Tom McParland |

Teva Pharmaceuticals could not escape a patent infringement suit Monday, after a Delaware federal judge found there was enough evidence to suggest that the Israel-based generic drugmaker had tried to usurp the market for treating a disease without the proper approval.

Office Depot employee Derek Richardson straightens shelf items in the company's Tallahassee, Fla. store, Thursday, July 27, 2006.

Court Tosses Challenge to Del. Unclaimed Property Collection

By Tom McParland |

A Delaware federal judge has once again dismissed a challenge to the state's method for collecting unclaimed property, saying a company could not plausibly claim the scheme was pre-empted by federal law.

Questions Over Energy Company's Partnership Unit Issuances Headed to Trial

By Tom McParland |

Vice Chancellor Sam Glasscock III is leaving for trial open questions regarding the propriety of partnership unit issuances Energy Transfer Equity made in the run-up to its since-scuttled merger with The Williams Cos. Inc.

Teva Pharmaceuticals.

Teva Patents for MS Drug Ruled Invalid as Obvious

By Tom McParland |

A Delaware federal judge has ruled four patents held by Teva Pharmaceuticals invalid as obvious, potentially clearing a path for competitors to bring generic versions of the company's multiple sclerosis drug to market.

Robert C. Scheinfeld

The Supreme Court's Impact on Patentable Subject Matter

By Robert C. Scheinfeld |

Twenty patents. That's how many patents were invalidated in only three decisions in the last few weeks alone.


Orexo Launches Appeal in Bid to Reinstate Patent for Opioid Treatment Drug

By Tom McParland |

Orexo AB on Thursday said it is appealing part of a Delaware district court decision that found a patent for its opioid-treatment drug Zubsolv was invalid.

Brett McCartney

Claims That Controlling Stockholder Received Unique Benefits Dismissed

By Brett M. McCartney |

In GAMCO Asset Management v. iHeartMedia, Delaware's Court of Chancery considered claims that a controlling stockholder's liquidity needs created conflicts in otherwise arm's-length transactions with third parties.

Just Dance 2016 video game by Ubisoft

Judge Recommends Dismissal in Ubisoft Patent Infringement Case

By Tom McParland |

Video game developer Ubisoft appears poised to escape a patent infringement case after a Delaware federal magistrate judge on Nov. 4 recommended the dismissal of three remaining claims over the virtual reality technology underlying its popular "Just Dance" and "Rocksmith" games.

Chief Judge Leonard Stark of the United States District Court for the District of Delaware.

U.S. Judge Clears Way for Patent Suit Against Amazon

By Tom McParland |

A federal magistrate judge in Delaware has recommended that Inc. and others not be allowed to escape an infringement case over technology company Kaavo's cloud computing patent, saying open questions of fact precluded an early dismissal of the suit.

Cell Phone Companies Can't Escape Patent Infringement Case

By Tom McParland |

A contingent of big-name cell phone makers could not escape a patent infringement suit in Delaware on Monday, after a federal judge initially upheld the eligibility of patents for a better system of voice and data transmissions.

Judge Allows Ex-CEO's Claims in Tech Startup's Bankruptcy

By Tom McParland |

A Delaware bankruptcy judge on Thursday allowed claims by the former CEO of Seegrid Corp. seeking to recover more than $500,000 in wages and travel reimbursement as a part of Chapter 11 proceedings.

Delaware Supreme Court Building

Supreme Court Denies Review in Dissolved Joint Venture Case

By Tom McParland |

The Delaware Supreme Court on Wednesday declined to revisit a vice chancellor's decision that left hearings on allegations of pre-suit spoliation to an arbitrator, in a case challenging the dissolution of a once-promising joint venture.