A Blog About Intellectual Property Litigation and the District of Delaware


Entries for date: April 2026

Maybe this slightly disturbing AI-generated arctic cat photo will remind us all to be careful with the Arctic Cat burden-shifting framework.
Maybe this slightly disturbing AI-generated arctic cat photo will remind us all to be careful with the Arctic Cat burden-shifting framework. AI Generated, displayed with permission

We're back! And we have a stack of opinions to look through. The first one that caught my eye is a summary judgment opinion from visiting Judge Murphy of the Eastern District of PA, in Monolithic Power Systems, Inc. v. Reed Semiconductor Corp., C.A. No. 23-1155 (D. Del.).

The Court addressed various summary judgment and Daubert motions by both sides, and denied them all. One denial in particular is worth discussing.

The accused infringer moved for summary judgment on pre-suit damages because the patentee failed to mark its products that …

DED

Alert
Hugo Jehanne, Unsplash

Nate and I are still either traveling or heads-down in work, and we won't be back until April 20th. But this is an important update that I wanted to pass along, at least for Delaware counsel who frequently handle pro hac motions.

Today, Chief Judge Connolly issued a new standing order that changes the pro hac vice procedures in his cases. As set forth in the order, in addition to filing the usual pro hac motion, the movant must attach one of two new form certifications to the submission.

In the standing order, the Court recognizes (as we've mentioned) that attorney conduct in the District of Delaware is governed by the ABA Model Rules. Those …

Spring Cherry Blossoms
Arno Smit, Unsplash

It's spring! The weather is great in Wilmington, the leaves are sprouting, and things are starting to bloom.

Nate and I will both be traveling next week, and very busy with case deadlines the week after that. So we're taking a blog spring break for two and a half weeks. We'll be back on April 20. Until then, enjoy spring!