A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Withdrawal

I usually don't expect a fight about withdrawing a claim. Adding one? sure. Striking one? Also Sure. Squishing two of them together and pretending they're dancing? Definitely.

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Generally though, the voluntary withdrawal of a claim makes life easier for the parties and the Court and passes from the case without comment or concern. That said, you can see why the withdrawal in MirTech, Inc. v. AgroFresh, Inc, C.A. No. 20-1170-RGA (D. Del. Mar. 23, 2023) (Mem. Op.) was more contentious.

The case had been pending for almost two years when Judge Andrews "encouraged the parties to avoid the over-litigation that [he] thought was happening in th[e] case." This "encouragement" took place about a week before the Defendant moved for SJ on several topics. plaintiff filed its opposition brief a month after that.

The defendant then took the unusual step of withdrawing one of the claims it had moved on—nominally without ...