A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Post-Trial Relief

Court Strikes Seven New Prior Art Exhibits Offered for the First Time After Post-Trial Briefing (!?!)

Andrew E. Russell, Aug. 17, 2022
Post-Trial Briefing Post-trial Motions

Man rushing to get important facts into the record prior to appeal
Man rushing to get important facts into the record prior to appeal Man Holding Handbag, Andy Beales, Unsplash

Wow, it's hard to imagine how a party could have a fact disclosure that is later than this, other than maybe trying to offer new facts for the first time on appeal.

In Sunoco Partners Marketing & Terminals L.P. v. Powder Springs Logistics, LLC, C.A. No. 17-1390-RGA (D. Del.), the parties had a jury trial in December 2021. The jury found infringement, no invalidity, willfulness, and damages of over $12 million against two defendants. The Court later entered a (mostly undisputed) permanent injunction.

The Court addressed the defendant's § 101 claims by motion and briefing after the …

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Court Issues Permanent Injunction, Sidesteps Need for Analysis: "It Is Regrettable That the Parties Could Not Resolve This Without Me"

Andrew E. Russell, Jan. 14, 2022
Post-Trial Relief Congestion

Pipeline
Mike Benna, Unsplash

Judge Andrews resolved a request for a permanent injunction in a patent case today, in a way I haven't seen before.

In Sunoco Partners Marketing & Terminals L.P. v. Powder Springs Logistics, LLC, C.A. No. 17-1390-RGA (D. Del.), the plaintiff won an infringement jury verdict in a trial last month.

The patents involve mixing gasoline with butane automatically, rather than through a process that involves manual intervention. The accused infringement involves the mixing of gasoline and butane on a pipeline.

Plaintiff immediately moved for a permanent injunction, and sought a hearing on the injunction on December 22 or 23, just before the holidays. The patent relevant to the permanent injunction expires in April …

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