Written By: Andrew J. Koopman In Idenix Pharm., Inc. v. Gilead Sciences, Inc., Civil Action No. 13-1987-LPS (D. Del. Aug. 25, 2014), Judge Burke recommended dismissing the noninfringement and invalidity counterclaims against related but unasserted patents on the basis that an “imminent and real threat” did not exist to Defendants to satisfy the requirement of [...]

Written By: Andrew J. Koopman In Advanced Optical Tracking, LLC v. Koninklijke Philips N.V., Civil Action No. 12-1292-LPS-CJB, Philips moved to dismiss Advanced’s claims of induced infringement under Fed. R. Civ. P. 12(b)(6).  In addressing the motion, Magistrate Judge Burke noted that to survive a motion to dismiss, a patentee must plead facts sufficient to [...]

Written By: Brett J. Rosen In Invidi Technologies Corp. v. Visible World , Inc. and CSC Holdings, LLC, Civil Action No. 11-397-RGA-CJB (D. Del. March 11, 2013), Plaintiff Invidi sought recovery of a patentability opinion letter inadvertently produced to the Defendants. 

Written By: Andrew J. Koopman In Pragmatus AV, LLC v. TangoMe, Inc., Civil Action No. 11-1092-LPS-CJB, the Defendant Tango filed a motion to dismiss claims of direct infringement on the grounds that the claims of the asserted patents could only be infringed under a theory of joint infringement, and that Pragmatus had not pled sufficient [...]