Intellectual Property

Judge: Single Apple Store Makes Delaware Venue Proper for Patent Litigation Against Tech Giant

By Tom McParland |

A federal judge on Thursday allowed an infringement case against Apple Inc. to proceed in Delaware, ruling that the presence of a single Apple Store in the state is enough to establish proper venue.

Roku, Inc. Headquartered in Los Gatos, CA.

Roku Sued in Del. Over Media-Streaming Product Line

By Tom McParland |

A patent infringement suit against media-streaming service Roku Inc. has made its way to Wilmington, after a Texas judge last week ruled that Delaware federal court was the proper place to litigate the claims in light of the U.S. Supreme Court's landmark ruling issued earlier this year in TC Heartland.

U.S. District Judge Sue Robinson of Delaware

Robinson Denies Injunction in Hair Care Infringement Dispute

By Tom McParland |

A Delaware federal judge on Thursday blocked a bid to halt L'Oreal from selling a line of hair care products, ruling that a competitor and one-time acquisition target was unlikely to prove that the cosmetics giant had infringed on the patent underlying its innovative hair treatment system.

Planned Exit From Cookie Contract Was Half-Baked, Bouchard Rules

By Tom McParland |

The Delaware Court of Chancery on Monday ruled that Interbake Foods could not rely on its "material adverse change" argument to escape a contract to market cookies for Mrs. Fields Brands Inc. at grocery and convenience stores.

Damages for Apple iPhone Infringement Bumped Up to $8.9M

By Tom McParland |

Apple Inc. has been ordered to pay nearly $9 million in damages for infringing a ring-silencing patent with technology it incorporated into earlier versions of the iPhone.

Gregory Herrman

Observations in the Wake of Narrowing of Patent Venue in 'TC Heartland'

By S. Gregory Herrman |

In a recent unanimous decision that is still reverberating throughout the patent litigation world, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit's broad interpretation of the patent venue statute, limiting a corporation's residence for the purpose of venue in patent cases to "only the state of incorporation."

Amgen Inc. headquarters.

Amgen Asks for Injunction in Patent Row

By Tom McParland |

Amgen Inc. has asked a Delaware federal judge to temporarily block Hospira Inc. from bringing a biosimilar version of its anemia-fighting drug Epogen to market, saying the competitor failed to provide the company proper notice under a 2010 law.

United States Supreme Court Building

Unanswered Question in 'TC Heartland' Could Have Big Impact in Del.

By Tom McParland |

Intellectual property attorneys are preparing for an influx of patent infringement suits in Delaware after the U.S. Supreme Court on Monday ruled that corporations "reside" only in their state of incorporation under the patent venue statute.

High Court May Shake Up 27 Years of Patent Venue Selection With 'TC Heartland'

By Alan R. Silverstein and Dominique A. Meyer |

The U.S. Supreme Court will soon decide whether the plain language of the patent venue statute—or the Federal Circuit's 27-year-old deviation from it—will dictate the appropriate venue for patent infringement litigation.

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.