Timing and Claim Construction Rulings
Judge Farnan Construes Claims Three Months after Markman Hearing
In Laboratory Skin Care, Inc. and Zahra Mansouri v. Limited Brands, Inc. and Bath and Body
Works, LLC, C.A. No. 06-601-JJF (D. Del. Feb. 11, 2009), Judge Farnan issued his claim
construction opinion three months after the Markman hearing. A pre-trial conference had not
been scheduled at the time the opinion issued.
Judge Farnan Construes Claims Five Months after Markman Hearing
In Sepracor Inc. v. Dey, L.P. and Dey, Inc., C.A. No. 06-113-JJF (Consolidated) (D. Del. Dec.
18, 2008), Judge Farnan issued his claim construction opinion five months after the Markman
hearing. The pre-trial conference is scheduled for September 10, 2009.
Judge Farnan Construes Claims Five Months after Markman Hearing
In Honeywell International, Inc. and Honeywell Intellectual Properties, Inc. v. Nikon
Corporation, et al., C. A. No. 04-1337-JJF (Consolidated) (D. Del. Dec. 9, 2008), Judge Farnan
issued his claim construction opinion five months after the Markman hearing. A pre-trial
conference has not yet been scheduled.
Judge Robinson Construes Claims Three Months after Markman Hearing
In Oracle Corp. v. Parallel Networks, LLP, C.A. No. 06-414-SLR (D. Del. Dec. 4, 2008), Judge
Robinson issued the Court’s claim construction three months after the Markman hearing and
approximately five weeks before trial.
Judge Robinson Construes Claims Seven Months after Markman Hearing
In Solvay, S.A. v. Honeywell Specialty Materials LLC, C.A. No. 06-557-SLR (D. Del. Dec. 9,
2008), Judge Robinson issued the Court’s claim construction almost seven months after the
Markman hearing. Originally, the trial was scheduled for July 28, 2008. Simultaneously with its
claim construction order of December 9, 2008, the Court also issued two memorandum opinions
and subsequently entered judgment in favor of defendant. This case is currently on appeal to the Federal Circuit.
Judge Farnan Adopts in Part and Overrules in Part Magistrate Judge Stark’s Report and
Recommendations Construing Claims Five Months after the Markman Hearing
In Symbol Technologies, Inc. v. Janam Technologies, LLC, C.A. No. 08-340-JJF (D. Del. March
31, 2009), Judge Farnan adopted in part and overruled in part Magistrate Judge Stark’s claim
construction in the context of a motion for preliminary injunction. Of the three claim terms for
which defendant filed objections, Judge Farnan overruled the Magistrate Judge’s construction of
one term and adopted two.
Judge Farnan Construes Claims Almost Six Months after the Markman Hearing
In American Patent Development Corp., LLC v. Movielink, LLC, C.A. No. 07-605-JJF (D. Del.
Mar. 27, 2009), Judge Farnan issued his claim construction almost six months after the Markman
hearing was held and two weeks before the pre-trial conference. In the same opinion, Judge
Farnan denied defendant’s motion to strike the declaration of a professor regarding comma
placement submitted by plaintiff in support of its claim construction. Judge Farnan concluded
that defendant’s arguments went to the weight that the testimony should be given and not the
admissibility. At the pre-trial conference, Judge Farnan scheduled a jury trial to commence on
July 27, 2009 and allowed the parties to resubmit their motions for summary judgment in light of
the claim construction ruling.
