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Entries for search: Stark

D. Del. Announces Plan for Judge Stark's Departure That Includes Cancelling Mediations in Cases Before All Judges

Andrew E. Russell, March 3, 2022
Visiting Judges Congestion

The gloves are off.
The gloves are off. Arisa Chattasa, Unsplash

The Court announced it's plan for Judge Stark's departure today, and it includes some bold moves.

All attorneys who practice in D. Del. should read the announcement in full—it's not that long—but here are some highlights.

Pending Mediations Will Be Canceled

Unlike previous transitions, most district court cases will be impacted, because magistrate judge referrals for mediation and all pending mediations will be canceled except in select instances:

Other than mediations in bankruptcy appeals or unless specifically directed otherwise by the Court, all referrals to Magistrate Judges for alternate dispute resolution will be vacated and all currently scheduled mediations will be canceled.

Thus, mediations in non-judge-Stark cases will be canceled. …

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Judge Stark Orders Expedited Markman Process on Terms Identified in Section 101 Briefing

Jeff Castellano, April 13, 2021
Section 101

In response to early Section 101 motions, plaintiffs often assert that claim construction is necessary before a ruling on patent eligibility can occur. For plaintiffs looking for quick settlements and dismissals, avoiding an early ruling on Section 101 is a win. In most cases, successfully arguing that claim construction is required pushes the timeline out for resolution of Section 101 issues substantially. That is not always the case, however. Judge Stark recently ordered an "expedited Markman proceeding" on terms the plaintiff had identified during Section 101 briefing, short-circuiting the usual process and setting up a possible second round of Section 101 motions.

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Judge Stark Declined to Limit a Plaintiff to Fewer than 27 Asserted Claims for a Jury Trial

Andrew E. Russell, Aug. 16, 2021
Claim Narrowing Case Narrowing

Narrows
Karan Chawla, Unsplash

Case narrowing is an issue that eventually comes up in most patent cases—the idea that each party should have to reduce the number of claims and prior art references at points during the case.

How Claim Narrowing Usually Goes in a Patent Action

If parties want to avoid a dispute down the line, they can include case narrowing in the scheduling order. More often, however, it comes up at some point after the plaintiffs makes its initial election of asserted claims, and the parties start to get an understanding of the scope of the case.

Typically the initial narrowing occurs before claim construction, and a second round occurs afterwards, sometimes around the time of final contentions. …

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Chief Judge Stark Posts Public Zoom Link for Trial Starting Tuesday [Updated]

Andrew E. Russell, Aug. 24, 2020
Litigation COVID-19

Today, Chief Judge Stark posted a public Zoom link for a bench trial starting Tuesday morning:

The bench trial is available to the public by telephone, using dial in: 1−703−552−8058 Code: 944408, or by video, using the following link: https://trialgraphix.zoom.us/j/93843275500, Meeting ID: 938 4327 5500 and Passcode: 974842. Audio or video reproduction of the proceeding is strictly prohibited.

This is a competitor case involving a contract for the delivery of coal—it's the one where the defendant attempted to delay the trial using due process arguments. Trial is scheduled to start Tuesday and run through Friday:

  • Tuesday, August 25: 9 am to 5 pm
  • Wednesday, August 26: 9 am to 5 pm
  • Thursday, August 27: 8:30 am to 10 …
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Special Master Williams, Nominated to Replace Judge Stark, Strikes Late Infringement Contentions

Andrew E. Russell, May 25, 2022
DOE Motion to Strike

Special Master Williams quoted Judge Andrews' recent holding that a new <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='Doctrine of Equivalents'>DOE</a> argument
Special Master Williams quoted Judge Andrews' recent holding that a new DOE argument "creates a new balgame." Caitlin Conner, Unsplash

Yesterday, Special Master Gregory B. Williams, who has been nominated to replace Judge Stark, issued an order granting a motion to strike late Doctrine of Equivalents contentions.

In TQ Delta, LLC v. Comcast Cable Communications LLC, C.A. No. 15-611-RGA, D.I. 455 (D. Del. May 24, 2022), plaintiff served a new DOE theory over two months after final contentions were due, after it found—following non-infringement contentions received from the defendants—that its original DOE theory would fail.

Special Master Williams rejected …

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Chief Judge Stark Denies Motions in Limine, Sets Procedures for Upcoming Remote Trial

Andrew E. Russell, Aug. 5, 2020

Water Heater, U.S. Pat. No. 8,375,897

Chief Judge Stark today issued a memorandum order addressing MILs and setting procedures for an August 14 remote bench trial in a single-patent competitor case about gas water heaters.

These kinds of pre-trial opinions are often interesting because they are issued so close to trial and can have such a big effect. Interesting points:

  • He denied all 5 MILs. These include MILs to preclude or exclude:
    • Testing data and other evidence as inconsistent with claim construction
    • Evidence or argument regarding a new construction of an unconstrued term, although he will construe it later if needed (citing O2 Micro)
    • Evidence of a non-infringing alternative; the fact that the NAI was never marketed was not dispositive
    • Expert testimony …
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Chief Judge Stark Gives Update on the District of Delaware's COVID-19 Status: Jury Trials to Continue

Andrew E. Russell, Dec. 10, 2020
COVID-19 Trial Calendar

COVID-19
CDC / Alissa Eckert, MS; Dan Higgins, MAMS

Chief Judge Stark spoke at a virtual FBA event in Delaware today, and gave an update on the Court's COVID-19 plans going forward. Here are the main points:

  • The Court intends to remain in Phase 2 of its reopening plan, which is the phase it has been in since September. The Court will keep trying to hold jury trials as scheduled trials come up.
  • No jury trials are scheduled for the remainder of December, but he understands that there are still trials set for January. Chief Judge Stark mentioned that he did not know the exact status of those cases. (Note that at least one judge has doubted that …
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Chief Judge Stark Reschedules Xcoal Trial, Says "This District Hopes and Expects to Resume Jury Trials . . . This Month"

Andrew E. Russell, Sept. 8, 2020
Litigation COVID-19

Artists' rendering of the anonymous letter
Artists' rendering of the anonymous letter Brando Makes Branding, Unsplash

Chief Judge Stark today rescheduled the Xcoal trial for Wednesday of next week. The trial was previously derailed following receipt of an anonymous letter just after opening statements.

The opinion (embedded below) has a great summary of the facts of the trial so far, which are very unusual.

In resuming the trial quickly, he hoped to deter others from sending similar "anonymous letters" to interfere with other trials. He also noted that this is the only time the Court will have available for bench trials in the near future, because of the backlog of criminal and civil jury trials which should start back this month:

[T]his District hopes and …
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Chief Judge Stark Confirms $137m Damages Award on 65% Royalty Theory, But Reverses Jury Finding of Willfulness

Andrew E. Russell, Nov. 30, 2020
Damages Willfulness

Dollar Bills
Sharon McCutcheon, Unsplash

Chief Judge Stark today released his opinion on post-trial motions in Roch Diagnostics Co. v. Meso Scale Diagnostics, LLC, C.A. No. 17-189-LPS (D. Del.), following a jury trial last year that resulted in a $137m verdict and a finding of willfulness.

Damages Award on 65% Royalty Theory Confirmed

The Court denied a post-trial motion to undo the jury's damage finding, which equated to an approximately 65% royalty rate (or more, depending on the royalty base).

Interestingly, the jury awarded damages after a one-sided royalty rate presentation by Roche, the accused infringer. The Court had previously excluded the patentee's damages expert's opinion as to the royalty rate, because it used the wrong date …

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Former D. Del. Chief Judge Stark Wrote a Federal Circuit Opinion Last Week—Then Issued Eleven District Court Opinions This Week

Andrew E. Russell, June 15, 2022
Fed. Cir. Congestion

On Friday, former District of Delaware Chief Judge Stark authored what I believe is his first Federal Circuit opinion as a sitting Federal Circuit judge: In re A. Zeta S.R.L., No. 2022-1178, 2022 U.S. App. LEXIS 15992, at *1 (Fed. Cir. June 10, 2022) (affirming a PTAB trademark decision).

Note—before you e-mail to say I'm wrong!—Judge Stark has sat by designation at the Federal Circuit many times before, and has authored at least one Federal Circuit opinion as a district judge. See, e.g., Mortg. Grader, Inc. v. First Choice Loan Servs., 811 F.3d 1314 (Fed. Cir. 2016). But I think this is his first written opinion since his nomination.

Interestingly, ever since moving to the Federal Circuit, …

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