U.S. District Courts - Delaware ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsNative Americans LawPension & Retirement BenefitsSecurities & Blue Sky Law John M. FRANKLIN, Petitioner, v. Perry PHELPS, Warden, and Attorney General of the State of Delaware, Respondents. [FN1]FN1. Warden Perry Phelps assumed office in January, 2008, replacing Warden Thomas Carroll, an original party to this case. SeeFe, D.Del., November 16, 2009 John M. Franklin, pro se. Kevin M. Carroll, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for respondents. MEMORANDUM OPINION SLEET, Chief Judge. I. INTRODUCTION Petitioner John M. Franklin ("Franklin") is an inmate at the James T. Vaughn Correctional Center in Smyrna, Delaware. Franklin filed the pending petition for a writ of habeas corpus and memorandum in support (collectively referred to as "petition") pursuant to 28 U.S.C. § 2254. (D.I. 2; D.I. 6.) The St... CITY OF ROSEVILLE EMPLOYEES' RETIREMENT SYSTEM, et al. v. HORIZON LINES, INC., et al. , D.Del., November 13, 2009 MEMORANDUM BARTLE, Chief Judge. This is a putative securities class action against the following defendants: Horizon Lines, Inc. ("Horizon"); its subsidiaries, Horizon Lines, LLC and Horizon Lines of Puerto Rico, Inc. (collectively, "Horizon" or "corporate defendants"); and its executives or former executives Charles Raymond ("Raymond"), Mark Urbania ("Urbania"), John Keenan ("Keenan"), Gabriel Serra ("Serra"), R. Kevin Gill ("Gill"), and Gregory Glova ("Glova"). Before the court is the motio... ST. CLAIR INTELLECTUAL PROPERTY CONSULTANTS, INC., Plaintiff, v. MATSUSHITA ELECTRONIC INDUSTRIAL CO., LTD., et al., Defendants. St. Clair Intellectual Property Consultants, Inc., Plaintiff, v. Verizon Communications, Inc., et al., Defendants. , D.Del., November 13, 2009 REPORT AND RECOMMENDATION REGARDING CLAIM CONSTRUCTION LEONARD P. STARK, United States Magistrate Judge. In these patent infringement actions I have been asked to provide recommended constructions of numerous claim terms from multiple patents. Many of the claim terms now in dispute have been previously construed by this Court in earlier litigation. Below I provide the constructions I recommend that the Court adopt in the instant cases. I. Background A. The Patents-In-Suit In these actions,... L.C. 1, et al., Plaintiffs, v. State of DELAWARE, et al., Defendants. , D.Del., November 13, 2009 Matthew Hayes Osborne, Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C., Wilmington, DE, for Plaintiffs. Ralph K. Durstein, III, Department of Justice, William J. Cattie, III, Rawle & Henderson LLP, Collins J. Seitz, Jr., Connolly, Bove, Lodge & Hutz, Kevin J. Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for Defendants. MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION On October 26, 2007, the plaintiffs [FN1] filed this action against multiple def... SEA STAR LINE, LLC, a limited liability company, Plaintiff, v. EMERALD EQUIPMENT LEASING, INC., a corporation, Defendant. , D.Del., November 12, 2009 Timothy J. Armstrong, Esquire of Armstrong & Mejer, P.A., Miami, FL, Kathleen M. Miller, Esquire of Smith, Katzenstein & Furlow, LLP, Wilmington, DE, for Plaintiff. Gary M. Schildhorn, Esquire and Alan I. Moldoff, Esquire of Adelman Lavine Gold and Levin, A Professional Corporation, Philadelphia, PA, Ronald S. Gellert, Esquire; Tara L. Lattomus, Esquire and Margaret F. England, Esquire of Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, for Defendant. MEMORANDUM OPINION FARNAN, Distri... LINEAR TECHNOLOGY CORPORATION, Plaintiff, v. MONOLITHIC POWER SYSTEMS, INC., Defendant. , D.Del., November 12, 2009 MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION Presently before the court is the defendant's post-trial motion in the above-captioned patent infringement action. The defendant seeks judgment that the patents-in-suit are obvious or, in the alternative, a new trial on the issue of invalidity. For the reasons that follow, the court will deny both of these motions. II. BACKGROUND A. Procedural Background On August 3, 2006, plaintiff Linear Technology Corporation ("Linear") filed thi... George ANGELOPOULOS, Plaintiff, v. DELAWARE RACING ASSOCIATION and/or ABC Corporation doing business as Delaware Park & Racing Association, Defendant. , D.Del., November 12, 2009 R. Keith Sanclemente, Esquire, Sanclemente & Associates, LLC, Bear, DE, for Plaintiff. Thomas J. Gerard, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE, for Defendant. MEMORANDUM OPINION THYNGE, United States Magistrate Judge. INTRODUCTION On July 24, 2008, George Angelopoulos ("plaintiff") [FN1] filed this negligence action against Delaware Racing Association ("defendant"). [FN2] Plaintiff alleges that, on or about August 6, 2007, defendant negligently created a ... Gwendolyn TRAYLOR, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Del., November 12, 2009 David J. Lyons, Esquire of The Lyons Law Firm, Wilmington, DE, Attorney for Plaintiff. David C. Weiss, Esquire, United States Attorney, and Dina White Griffin, Esquire, Special Assistant United States Attorney, of the Office of the United States Attorney, Wilmington, DE. Of Counsel: Eric P. Kressman, Esquire, Acting Regional Chief Counsel of the Social Security Administration, Philadelphia, PA, Attorneys for Defendant. MEMORANDUM OPINION FARNAN, District Judge. Presently before the Court... Cathy D. BROOKS-McCOLLUM, Plaintiff, v. STATE FARM INSURANCE COMPANY, Defendant. , D.Del., November 10, 2009 Cathy D. Brooks-McCollum, Wilmington, DE, pro se. Stephen P. Casarino, Esquire, Casarino, Christman & Shalk, P.A., Wilmington, DE, for Defendant State Farm Insurance Company. MEMORANDUM OPINION FARNAN, District Judge. Plaintiff Cathy D. Brooks-McCollum ("Plaintiff") filed her Complaint on June 22, 2004. (D.I.1.) Plaintiff, individually, and on behalf of the Emerald Ridge Service Corporation ("Emerald Ridge") asserts a claim against State Farm Insurance Company ("Defendant") for breach of... Cathy D. BROOKS-McCOLLUM, Plaintiff, v. STATE FARM INSURANCE COMPANY, Defendant. , D.Del., November 10, 2009 Cathy D. Brooks-McCollum, Wilmington, DE, pro se. Stephen P. Casarino, Esquire, Casarino, Christman & Shalk, P.A., Wilmington, DE, for Defendant State Farm Insurance Company. MEMORANDUM OPINION FARNAN, District Judge. Plaintiff Cathy D. Brooks-McCollum ("Plaintiff"), who proceeds pro se, filed a Complaint on June 22, 2004. (D.I.1.) In her Complaint, Plaintiff, individually, and on behalf of the Emerald Ridge Service Corporation ("Emerald Ridge") asserted a claim against Defendant State F... TAKEDA PHARMACEUTICAL COMPANY LTD. and TAP Pharmaceutical Products Inc., Plaintiffs, v. TEVA PHARMACEUTICALS USA, INC. and Teva Pharmaceutical Industries Ltd., Defendants. , D.Del., November 9, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilrnington this 9th day of November, 2009, having reviewed the parties' submissions regarding plaintiffs' request for clarification (D.I.191) with respect to the court's Final Judgment Order (D.I.186), and having conducted an emergency hearing in connection with said request; IT IS ORDERED that the effective date of any Food and Drug Administrative approval of defendants' ANDA No. 77-255 and ANDA No. 78-730 shall be no earlier than Nove... Frank G. CLARK, III, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Del., November 9, 2009 MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION This action arises from the denial of Frank G. Clark's ("Clark") claim for Social Security disability benefits. Clark applied for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under Title II and XVI of the Social Security Act (the "Act") on June 16, 2004. 42 U.S.C. §§ 401-433, 1381-1383f. In his application, Clark claimed that he became disabled due to testicular cancer tumors and necessary chemotherapy... LG ELECTRONICS U.S.A., INC. and LG Electronics, Inc., Plaintiffs, v. WHIRLPOOL CORPORATION, Defendant. Whirlpool Corporation et al., Counterclaim Plaintiffs, v. LG Electronics U.S.A., Inc. et al., Counterclaim Defendants. , D.Del., November 9, 2009 MEMORANDUM ORDER GREGORY M. SLEET, Chief Judge. 1. On April 24, 2008, LG Electronics U.S.A., Inc. and LG Electronics, Inc. (collectively, "LG"), filed a complaint against Whirlpool Corporation and Maytag Corporation (collectively, "Whirlpool") for Patent Infringement. (D.I.1.) On May 26, 2009 LG filed its second amended complaint for patent infringement, adding claims for declaratory judgments of invalidity, non- infringement, and unenforceability of Whirlpool's patents, a claim for false adv... CNH AMERICA LLC and Blue Leaf I.P., Inc., Plaintiffs, v. Jon E. KINZENBAW and Kinze Manufacturing, Inc., Defendants. , D.Del., November 9, 2009 MEMORANDUM GREGORY M. SLEET, District Judge. I. INTRODUCTION On December 16, 2008, plaintiffs CNH America LLC and Blue Leaf I.P., Inc. (collectively, "CNH") filed the instant action against Jon E. Kinzenbaw ("Kinzenbaw") and Kinze Manufacturing, Inc. ("Kinze") (collectively, "the defendants"). CNH alleges that agricultural equipment manufactured by Kinze infringes United States Patent Nos. 5,842,428 and 6, 109, 193. (See D.I. 1.) Presently before the court is the defendants' motion to dismiss... TAKEDA PHARMACEUTICAL COMPANY LTD., Takeda Pharmaceuticals North America, Inc., Takeda Pharmaceuticals LLC, Takeda Pharmaceuticals America, Inc., and Ethylpharm, S.A., Plaintiffs, v. TEVA PHARMACEUTICALS USA, INC. and Teva Pharmaceutical Industries, D.Del., November 9, 2009 Steven J. Balick, Esquire, John G. Day, Esquire, and Lauren E. Maguire, Esquire of Ashby & Geddes, Wilmington, DE, Counsel for Plaintiffs. Of Counsel for Plaintiffs Takeda Pharmaceuticals LLC and Takeda Pharmaceuticals America, Inc.: Stuart E. Pollack, Esquire of DLA Piper LLP, New York, NY, Of Counsel for Plaintiff Takeda Pharmaceutical Company, Ltd.: Arlene L. Chow, Esquire, Dillon Kim, Esquire, and Eric J. Lobenfeld, Esquire of Hogan and Hartson LLP, New York, NY; Phillippe Y. Riesen, Esquire... Bobbie Jo PEARSON, Plaintiff, v. CHUGACH GOVERNMENT SERVICES INC. and Chugach Support Services Inc., Defendants. , D.Del., November 6, 2009 Noel E. Primos. Esq., William D. Fletcher, Jr., Esq., Schmittinger & Rodriguez, P.A., Dover, DE, for Plaintiff Bobbie Jo Pearson. Edmund D. Lyons, Jr., Esq., Wilmington, DE, Megan R. Dove, Esq., Pro Hac Vice, Harvey A. Levin, Esq., Thompson Coburn LLP, St. Louis, MO, for Defendants Chugach Goverment Services Inc. and Chugach Support Services Inc. OPINION SIMANDLE, District Judge. This matter is before the Court because Defendants Chugach Governmental Services and Chugach Support Services... UNITED STATES of America, Plaintiff, v. Michael LINDSEY, Defendant. , D.Del., November 5, 2009 MEMORANDUM ORDER JOSEPH J. FARNAN, JR., District Judge. Defendant, Michael Lindsey, filed a Motion In Limine To Bar Impeachment Use Of Defendant's Prior Convictions Pursuant To Federal Rule Of Evidence 609 (D.I.56). Specifically, Defendant has a 1991 conviction for robbery and a 1994 conviction for gun possession. Defendant contends that the Government cannot use the convictions to impeach Defendant under Rule 609(a)(2), because they do not involve crimes of dishonesty or falsehood. Defendant... ARENDI HOLDING LTD., Plaintiff, v. MICROSOFT CORPORATION, et al., Defendants. , D.Del., November 4, 2009 ORDER LEONARD P. STARK, United States Magistrate Judge. At Wilmington this 4th day of November, 2009, IT IS HEREBY ORDERED: Pending before the Court in this patent infringement action are several interrelated discovery and scheduling disputes. These disputes were the subject of letters dated October 19, 2009 (D.I.89) and October 20, 2009 (D.I.92), a teleconference with the Court on October 21, 2009 (D.I.116), and a joint submission of the parties on October 30, 2009 (D.I.112). Having revie... INNOVATIVE PATENTS, L.L.C. and Forcefield, LLC, Plaintiffs, v. BRAIN-PAD, INC., Defendant. , D.Del., November 4, 2009 MEMORANDUM ORDER MARY PAT THYNGE, United States Magistrate Judge. At Wilmington this 4th day of November, 2009. Defendant moves for fees and costs incurred on the basis that plaintiffs failed to provide a qualified and appropriate Rule 30(b) (6) designee pursuant to defendant's deposition notices. Defendant purports that Linda Moskowitz, a corporate officer and deposition designee of plaintiffs, was incapable of providing competent testimony regarding the issues listed in the deposition notic... John E. MILLER, Plaintiff, v. Commissioner Stanley TAYLOR, et al., Defendants. , D.Del., November 3, 2009 MEMORANDUM ORDER JOSEPH J. FARNAN, JR. District Judge. Pending before the Court is Plaintiff John E. Miller's Letter to the Court (D.I.52) that was interpreted by the Court as a Motion For Injunctive Relief (D.I.54). Defendants have responded and dispute all of Plaintiff's claims. (D.I.62.) For the reasons discussed, the Court will deny Plaintiff's Motion For Injunctive Relief. Plaintiff initiated this case on May 6, 2008, and has alleged several incidents of assault by Defendants. (D.I. 2... Richard Allen THORPE, Sr., Plaintiff, v. WILMINGTON HOUSING AUTHORITY and the Board of Commissioners, Defendants. , D.Del., November 3, 2009 Richard A. Thorpe, Sr., Wilmington, DE, pro se. Barry M. Willoughby and Michael P. Stafford, Esquires, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Defendants. MEMORANDUM OPINION ROBINSON, District Judge. I. INTRODUCTION Plaintiff Richard Allen Thorpe, Sr. ("plaintiff"), [FN1] who proceeds pro se, filed suit pursuant to the Fair Housing Act of 1968, 42 U.S.C. §§ 3601-3631, 42 U.S.C. § 1983 and § 2000d, and the Fifth and Fourteenth Amendments to the United States Constitution al... Kenneth R. ABRAHAM, Plaintiff, v. Commissioner Carl DANBERG, Warden Phelps, Michael Bryan, and Patrick Smith, Defendants. , D.Del., November 3, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 2nd day of November, 2009, having considered plaintiff's petition for restraining order construed as a motion for a temporary restraining order (D.I.103); IT IS ORDERED that the motion is denied, for the reasons that follow: 1. Background. Plaintiff Kenneth R. Abraham, a prisoner housed at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. § 1983. On September 28... Bruce L. BYLER, v. DEPARTMENT OF CORRECTION, C/O Linda Mosley (Flamer), Sgt. Doane, and Unknown Defendant to be Named Later. , D.Del., November 2, 2009 MEMORANDUM AND ORDER JOYNER, District Judge. Plaintiff Bruce L. Byler ("Plaintiff"), a pro se prisoner currently confined at the James T. Vaughn Correctional Center in Smyrna, Delaware, filed this lawsuit alleging violations of his constitutional rights. Because Plaintiff proceeds in forma pauperis and some of his allegations are barred by the Eleventh Amendment, the court will dismiss those claims raised against the Delaware Department of Correction ("DOC"). Some of Plaintiff's allegations, ... Kenneth R. ABRAHAM, Plaintiff, v. Commissioner Carl DANBERG, Warden Phelps, Michael Bryan, and Patrick Smith, Defendants. , D.Del., November 2, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 2nd day of November, 2009, having considered plaintiff's petition for restraining order construed as a motion for a temporary restraining order (D.I.103); IT IS ORDERED that the motion is denied, for the reasons that follow: 1. Background. Plaintiff Kenneth R. Abraham, a prisoner housed at the James T. Vaughn Correctional Center ("VCC"), Smyrna, Delaware, filed this lawsuit pursuant to 42 U.S.C. § 1983. On September 28... McKESSON AUTOMATION, INC., Plaintiff, v. SWISSLOG HOLDING AG, et al., Defendants. , D.Del., October 30, 2009 REPORT AND RECOMMENDATION REGARDING MOTION TO DISMISS, CLAIM CONSTRUCTION, AND SUMMARY JUDGMENT, AND ORDER ON EVIDENTIARY MOTIONS LEONARD P. STARK, United States Magistrate Judge. In this patent infringement case, plaintiff McKesson Automation, Inc. ("Plaintiff" or "McKesson") asserts that the PillPick System of defendants Swisslog Italia S.p.A. and Translogic Corporation (collectively, the "Defendants" or "Swisslog") infringes the patents-in-suit, namely McKesson's U.S. Patent Nos. 5,468,11... TELES AG INFORMATIONSTECHNOLOGIEN, Plaintiff, v. QUINTUM TECHNOLOGIES, LLC, Defendant. Teles Ag Informationstechnologien, Plaintiff, v. Cisco Systems, Inc., Defendant. Cisco Systems, Inc., Plaintiff, v. Teles Ag Informationstechnologien, Defe, D.Del., October 30, 2009 ORDER REGARDING DISCOVERY LEONARD P. STARK, United States Magistrate Judge. Each of these three related patent infringement cases have been bifurcated, requiring separate trials for (i) liability and (ii) damages and willfulness. Only a limited amount of damages discovery will be permitted until after liability is determined. Paragraph 2.a of the Scheduling Orders entered in each of these cases provides: "Discovery on damages, except that required by a magistrate judge to support the ADR proc... MICROSOFT CORPORATION, Plaintiff, v. WEBXCHANGE INC., Defendant. , D.Del., October 30, 2009 Derrick W. Toddy, Esquire; Klaus H. Hamm, Esquire; John D. Vandenberg, Esquire; Garth A. Winn, Esquire of Klarquist Sparkman, LLP, Portland, OR, Steven J. Balick, Esquire; John G. Day, Esquire; and Lauren E. Maguire, Esquire of ASHBY & GEDDES, Wilmington, DE, for Plaintiff. Lawrence B. Goodwin, Esquire; Stefan R. Stoyanov, Esquire; Peter J. Toren, Esquire; Charlotte Pontillo, Esquire; and Steven D. Chin, Esquire of Kasowitz, Benson, Torres & Friedman LLP, New York, NY, Jack B. Blumenfeld, Esq... Helen BLAND, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Del., October 30, 2009 MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION Pending before the Court are Objections To the Magistrate Judge's Report and Recommendation (D.I.25) filed by the Plaintiff, Helen L. Bland ("Bland"). For the reasons discussed, the court will overrule the objections, and adopt the Report and Recommendation of the magistrate judge recommending that the plaintiff's motion for summary judgment be denied and the defendant's cross- motion for summary judgment be granted. II. THE PARTIES... TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, v. The BANCORP BANK, Defendant. , D.Del., October 30, 2009 Paul Cottrell, Esquire of Tighe & Cottrell, P.A., Wilmington, DE, for Plaintiff. Of Counsel: Neil L. Henrichsen, Esquire and Helen H. Albee, Esquire of Henrichsen Siegel, P.L.L.C., Jacksonville, FL. Jeffrey S. Cianciulli, Esquire and Susan Verbonitz, Esquire of Weir & Partners LLP, Wilmington, DE, for Defendant. MEMORANDUM OPINION SUE L. ROBINSON, District Judge. I. INTRODUCTION Plaintiff Travelers Casualty and Surety Company of America ("plaintiff") brought this common law negligence ac... Curtis M. COLLINS, Plaintiff, v. Sgt. James CHANDLER, C/O Bradley Berezansky, and C/O Jeffrey Daisy, Defendants. , D.Del., October 28, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 28th day of October, 2009, having considered defendant Berezansky's motion for new trial, and the papers submitted in connection therewith; IT IS ORDERED that defendant's motion (D.I.197) is denied for the reasons that follow: 1. Background. [FN1] Plaintiff, a prison inmate, initiated this 42 U.S.C. § 1983 action alleging that defendants used excessive force against him, in violation of his Eighth Amendment rights in t... Wardell GILES, Plaintiff, v. C/O First Name Unknown WHESTONE, Defendant. , D.Del., October 28, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 28th day of October, 2009, having considered plaintiff's motions for immediate injunctive relief and transfer (D.I.9, 15); [FN1] FN1. On October 13, 2009, plaintiff filed the same motion in four cases. This Memorandum Order denies the motion filed in each of the following cases: D.I. 9, Giles v. HRYCI Quick Response Team, Civ. No. 09-316-SLR (D. Del. closed Sept. 12, 2009); D.I. 15, Giles v. Whestone, Civ. No. 09-306-SLR (D... In re TRICOR INDIRECT PURCHASER ANTITRUST LITIGATION. , D.Del., October 28, 2009 MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 28th day of October, 2009, having conducted a fairness hearing on the objections filed in connection with the proposed settlement of the above captioned consolidated cases, including the issue of attorney fees and costs; and based upon the record made in said hearing, as well as on the papers submitted; IT IS ORDERED that the indirect purchaser class plaintiffs' motion for final settlement approval (D.I.522) is granted, a... Curtis M. COLLINS, Plaintiff, v. Sgt. James CHANDLER, et al., Defendants. , D.Del., October 28, 2009 Jason Carden Jowers, Morris James LLP, Wilmington, DE, for Plaintiff. MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 28th day of October, 2009, having considered plaintiff's motion for an award of attorney fees; IT IS ORDERED that plaintiff is awarded attorney fees in the amount sixty thousand dollars ($60,000); ten thousand dollars ($10,000) to be paid from the judgment awarded to plaintiff, and fifty thousand dollars ($50,000) to be paid by defendant C/O Berezensk... ARENDI HOLDING LTD., Plaintiff, v. MICROSOFT CORPORATION and Dell Inc., Defendants. , D.Del., October 27, 2009 MEMORANDUM ORDER JOSEPH J. FARNAN JR., District Judge. Pending before the Court is Defendants' Motion To Bifurcate And Stay Discovery Relating to Damages. (D.I.53.) For the reasons discussed, the Court will deny Defendants Microsoft Corporation and Dell, Inc.'s (collectively "Microsoft" or "Defendants") Motion. In this case Arendi Holding LTD. ("Arendi") alleges infringement of United States Patent Number 7,496,854 ("the '854 patent") which relates to computer software allowing a user to i... UNITED STATES of America, Plaintiff, v. James FREEMAN, Defendant. , D.Del., October 27, 2009 David L. Hall, Esquire, Assistant United States Attorney, and Robert F. Kravetz, Esquire, Assistant United States Attorney, of the Office of the United States Attorney, Wilmington, DE, for Plaintiff. Dennis J. Cogan, Esquire, Philadelphia, PA, for Defendant. MEMORANDUM OPINION FARNAN, District Judge. Presently before the Court is Defendant James Freeman's Motion to Suppress Evidence And Request For An Evidentiary Hearing. (D.I.20.) An evidentiary hearing on this Motion was held on Septem... PERSONALIZED USER MODEL LLP, Plaintiff, v. GOOGLE, INC., Defendant. , D.Del., October 27, 2009 Karen Jacobs Louden, Esquire and Jeremy Alexander Tigan, Esquire of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Plaintiff. David Ellis Moore, Esquire and Richard L. Horwitz, Esquire of Potter Anderson & Corroon, LLP, Wilmington, DE, for Defendants. MEMORANDUM OPINION FARNAN, District Judge. Pending before the Court is a Motion To Transfer Venue To The Northern District Of California (D.I.9) filed by Defendant Google, Inc. ("Google"). Plaintiff, Personalized User Model, L.L.P. (... Donald Jerome THOMPSON, III, Plaintiff, v. Scott KASPRENSKI and Phillip A. Dunning, Defendants. , D.Del., October 27, 2009 Donald Jerome Thompson, III, Smyrna, DE, pro se. Elizabeth A. Sloan, Blank Rome LLP, Ralph K. Durstein, III, Department of Justice, Wilmington, DE, for Defendants. MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 26th day of October, 2009, having considered the various pending motions for relief and the papers submitted in connection therewith; IT IS ORDERED that: (1) plaintiff's motion for appointment of counsel (D.I.26) is denied without prejudice to renew; (2) p... Kenneth ABRAHAM, Plaintiff, v. Commissioner Carl DANBERG, Warden Phelps, Michael Bryan and Patrick Smith, Defendants. , D.Del., October 27, 2009 Kenneth R. Abraham, Smyrna, DE, pro se. Catherine C. Damavandi, Department of Justice, Wilmington, DE, for Defendants. MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 27th day of October, 2009, having considered plaintiff's motions for reconsideration and motion to amend the complaint as well as the papers submitted in connection therewith; IT IS ORDERED that plaintiff's motion for reconsideration (D.I.95) is denied and plaintiff's motion to amend the complaint (D... Kenneth ABRAHAM, Plaintiff, v. Lt. COSTELLO and Officer Cpl. Mann, Defendants. , D.Del., October 27, 2009 Kenneth R. Abraham, Smyrna, DE, pro se. Catherine C. Damavandi, Department of Justice, Wilmington, DE, for Defendants. MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 27th day of October, 2009, having considered plaintiff's motions for appointment of counsel as well as the papers submitted in connection therewith; IT IS ORDERED that plaintiff's motions for appointment of counsel (D.I.84, 87) are denied without prejudice to renew for the reasons that follow: 1. ... UNITED STATES of America, Plaintiff, v. James FREEMAN, Defendant. , D.Del., October 27, 2009 David L. Hall, Esquire, Assistant United States Attorney, and Robert F. Kravetz, Esquire, Assistant United States Attorney, of the Office of the United States Attorney, Wilmington, DE, for Plaintiff. Dennis J. Cogan, Esquire, Philadelphia, PA, for Defendant. MEMORANDUM OPINION FARNAN, District Judge. Presently before the Court is Defendant James Freeman's Motion to Suppress Evidence And Request For An Evidentiary Hearing. (D.I.20.) An evidentiary hearing on this Motion was held on Septem... NEW CENTURY MORTGAGE CORP., Plaintiff, v. GREAT NORTHERN INSURANCE CO., and Federal Insurance Co., Defendants. , D.Del., October 26, 2009 Elizabeth A. Wilburn, Alisa E. Moen, Blank Rome LLP, Wilmington, DE, for Plaintiff. Marc Stephen Casarino, White & Williams LLP, Wilmington, DE, for Defendants. REPORT AND RECOMMENDATION MARY PAT THYNGE, United States Magistrate Judge. New Century Mortgage Corporation ("plaintiff" or "NCMC") sued Great Northern Insurance Company ("Great Northern") and Federal Insurance Company ("Federal") (collectively, "defendants") for failure to indemnify. Both parties filed cross-motions for partial ... In re BRIMONIDINE PATENT LITIGATION. , D.Del., October 23, 2009 MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION In this consolidated patent infringement action, the plaintiff alleges that the defendants' proposed generic pharmaceutical products infringe the asserted claims of the patents-in-suit. [FN1] (D.I.1.) The court held an eight-day bench trial in this matter on March 9 through March 18, 2009. (D.I.227-34.) Presently before the court are the parties' post-trial proposed findings of fact and conclusions of law, and post-trial motions for ju... Michael S. RIEGO, Plaintiff, v. Thomas CARROLL, et al., Defendants. , D.Del., October 23, 2009 Michael S. Riego, Smyrna, DE, pro se. Philip Henry Bangle, Department of Justice, Wilmington, DE, for Defendants. MEMORANDUM ORDER SUE L. ROBINSON, District Judge. At Wilmington this 23rd day of October, 2009, having considered plaintiff Michael S. Riego's ("plaintiff") pending motions (D.I.20, 23, 31); IT IS ORDERED that: 1. Introduction. Plaintiff, an inmate at the James T. Vaughn Correctional Center ("VCC), Smyrna, Delaware, who appears pro se, filed a motion on September 22, 20... GANNETT SATELLITE INFORMATION NETWORK, INC., Plaintiff, v. OFFICE MEDIA NETWORK, INC. et al., Defendants. , D.Del., October 23, 2009 MEMORANDUM ORDER GREGORY M. SLEET, District Judge. 1. On February 14, 2008, the plaintiff, Gannett Satellite Information Network, Inc. ("Gannett"), filed this patent infringement action against Office Media Network, Inc. ("OMN"). On April 20, 2009, Gannett filed an amended complaint to add Lake Capital Management LLC ("LCM") as a defendant. [FN1] (D.I.69.) FN1. As a result of the court's Order (D.I.61) granting Gannett's motion to amend, LCM was added to the litigation along with two ... Bernard F. WOODS, Plaintiff, v. Brian GRANT, et al., Defendants. , D.Del., October 23, 2009 Bernard F. Woods, James T. Vaughn Correctional Center, Smyrna, DE, pro se Plaintiff. Harshal Purohit-Patel, Assistant County Attorney, New Castle County Law Department, New Castle, DE, Counsel for Defendants Brian Grant, Mark Grajewski, Terry O'Connor, and Travis McDermott. MEMORANDUM OPINION ROBINSON, District Judge. I. INTRODUCTION Plaintiff Bernard F. Woods ("plaintiff"), an inmate at the James T. Vaughn Correctional Center ("VCC"), filed this civil rights complaint pursuant to 42 U.S... In re BRIMONIDINE PATENT LITIGATION. , D.Del., October 23, 2009 MEMORANDUM GREGORY M. SLEET, Chief Judge. I. INTRODUCTION In this consolidated patent infringement action, the plaintiff alleges that the defendants' proposed generic pharmaceutical products infringe the asserted claims of the patents-in-suit. [FN1] (D.I.1.) The court held an eight-day bench trial in this matter on March 9 through March 18, 2009. (D.I.227-34.) Presently before the court are the parties' post-trial proposed findings of fact and conclusions of law, and post-trial motions for ju... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com