With courts across the United States in different and various stages of re-opening to get back to some level of normalcy under the exigent circumstances created by the global coronavirus pandemic, I thought it would be helpful to my clients, co-counsel, and others outside of Delaware to provide an update on the Courts’ operations in
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HAPPY MEMORIAL DAY!
In recognition of all those soldiers who died in active military service for the United States of America. HAPPY MEMORIAL DAY!
Judge Fallon Finds Plaintiff’s Allegations of Induced Infringement of Certain Patents-in-Suit Deficient
In the Report and Recommendation entered in Helios Streaming, LLC et al. v. Vudu, Inc., Civil Action No. 19-1792-CFC-SRF (D.Del. May 11, 2020), the Honorable Sherry R. Fallon recommends the Court grant defendant Vudu’s partial motion to dismiss plaintiffs’ claims of induced infringement asserted in Count I, Counts II through V, and Count VII of…
Delaware State Courts to Remain Closed to the Public Through June 13
On May 14, 2020, Delaware Chief Justice Seitz entered an Order further extending the public closure of all Delaware State courthouses and their administrative offices through June 13, 2020 (a copy of the Extension of Judicial Emergency Order can be found here). During this time, access to State courthouses is restricted to emergency and…
Court of Chancery Weighs Terminating M&A Deals Under Material Adverse Effect Clauses
By Carl Neff
The COVID-19 pandemic is shaking up M&A transactions and the Court of Chancery has seen a sudden uptick in litigation. In a recently published article, two of my Fox Rothschild colleagues – Chaney Hall and Katelyn Crawford – note that buyers with cold feet are invoking their agreement’s material adverse effect clauses (MAE) to justify…
Judge Andrews Grants Defendants’ Motion to Dismiss Willfulness and Contributory Infringement Claims in Patent Infringement Action
By Memorandum Order entered by The Honorable Richard G. Andrews in Malvern Panalytical, Inc. v. TA Instruments-Waters, LLC et al., Civil Action No. 19-2157-RGA (D.Del., May 5, 2020), the Court granted Defendants’ partial motion to dismiss in part by dismissing the willfulness and contributory infringement claims asserted in Plaintiff’s amended complaint.
Plaintiff’s amended complaint asserts…
High Court Trademark Profit Ruling May Not Wreak Havoc on 3rd Circuit
High Court TM Profit Ruling May Not Wreak Havoc On 3rd Circ.
A copy of the Article is attached.
Delaware Supreme Court Validates Charter Provisions Requiring that Federal Securities Act Claims be Brought in Federal Court
In the highly anticipated decision of Salzberg v. Sciabacucchi, No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), the Delaware Supreme Court held that a provision in several Delaware corporations’ charters, requiring that actions arising under the Securities Act of 1933 (the “Securities Act”) be brought in federal court, was valid and enforceable.…
U.S. Supreme Court Holds Disgorgement of Profits Is Available Remedy in Trademark Infringement Action Without Showing of Willful Infringement
In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement is not required to show that the defendant willfully infringed the plaintiff’s trademark as a…
Court of Chancery Opinion Addresses the Equitable Dissolution of a Delaware LLC
By Carl Neff
Section 18-802 of Delaware’s Limited Liability Act (“LLC Act”) provides a statutory basis for the Court of Chancery to dissolve a Delaware LLC. The statute, which confers standing upon an LLC member of manager, states that the Court of Chancery “may decree dissolution of a limited liability company whenever it is not reasonably practicable to…