This Week's Cases

U.S. District Court of Delaware

In re Fisker Auto. Holdings, Inc. Shareholder Litig., DEFAX Case No. D67631 (D.Del. Feb. 7, 2017), Robinson, U.S.D.J. (10 pages).

Plaintiffs' common-law fraud claim in its securities litigation survived a motion to dismiss where plaintiffs alleged sufficient facts to demonstrate that defendants may have made conflicting public statements as to the conditions of the business.


U.S. Bankruptcy Court of Delaware

In re Ryckman Creek Resources, LLC, DEFAX Case No. D67637 (D.Del. Feb. 8, 2017), Carey, J. (31 pages).

In consolidated adversary proceedings, bankruptcy court determined that genuine issues of material fact prevented judgment on the pleadings regarding validity of construction liens. Motions for judgment on the pleadings denied, except for one instance involving waiver.


U.S. District Court of Delaware

Endo Pharm. Sol. Inc. v. Custopharm, Inc., DEFAX Case No. D67630 (D.Del Feb. 10, 2017), Robinson, U.S.D.J. (24 pages).

Patent claims for a long-acting testosterone injection solution did not meet the obviousness standard where the prior art did not disclose the particular co-solvent used by the invention, and did not bar the possible use of alternative vehicles for the testosterone.


U.S. District Court of Delaware

In re COPAXONE, DEFAX Case No. D67635 (D.Del. Jan. 30, 2017), Sleet, J. (50 pages).

All of asserted claims of the patents-in-suit declared by the court to be invalid as obvious, pursuant to 35 U.S.C. §103(a).


Third Circuit

Bishop v. Fed. Nat'l Mortg. Ass'n, Inc., DEFAX Case No. D67625 (3 Cir. Feb. 3, 2017) Per curiam (7 pages).

Debtor's appeal from a bankruptcy court was properly dismissed for failure to prosecute where debtor refused to file a brief and litigate the merits of the appeal.