A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Breach of Contract

Ryan Johns, Unsplash

Wow! This is something you don't see every day. The defendant in Truinject Corp. v Galderma S.A., C.A. No. 19-592-GBW (D. Del.) filed—and won—five motions for summary judgment.

Impressively, each of the five motions had its own grounds. This isn't an instance where one winning argument resolved five motions.

Here are the five motions:

  • Breach of Contract: No damages. The Court granted summary judgment that because the alleged harm was not actually caused by the breach, there can be no damages.
  • Trade Secret Misappropriation: No misappropriation. Plaintiff showed that misappropriation could have happened—because employees had access and worked on defendant's product—but offered no evidence that it did happen.
  • Non-Infringement of Patent 1: …