A Blog About Intellectual Property Litigation and the District of Delaware


Entries for date: January 2025

I'm a baker. I was born of flour and heat and fermented in this big jar we call life. My original starter, Yeasty Boy, has sired many children that live lives of plenty. His grandchild, breAD-Rock, sits upon my counter as I type, growing fat on apple peels.

AI-Generated, displayed with permission

One of the first lessons of baking is that some ingredients can be modified or omitted without and real worry. You trade rosemary for thyme in your focaccia and everything's honky dory. On the other hand, if you switch the strong bread flour to whole wheat, you have crossed a moral line from which there may be no return. Some ingredients are simply more important, and some substitutions …

Snow day!
Snow day! Hide Obara, Unsplash

We're back! Just in time to be snowed in—the Court is closed today due to inclement weather.

While we were out last week, Chief Judge Connolly issued an interesting opinion on post-trial motions in Natera, Inc. v. CareDX, Inc., C.A. No. 20-38-CJB (D. Del.).

That case went to trial in January 2024, with plaintiff Natera winning a $96 million verdict on the first of two patents, but receiving a verdict of no infringement of the second patent. The Court's opinion addresses their motion for JMOL of infringement on the second patent.

Did a Poorly Phrased Question Doom JMOL of Infringement?

The arguments turned on a single claim limitation. The Court found …