A Blog About Intellectual Property Litigation and the District of Delaware


Entries for date: December 2024

Plaintiffs in the patent game tend to treat prior art references like particular unwelcome guests. There is an obvious level of affront when they arrive, tempered only by what politeness can be mustered. Once they are in the door, there are constant references to how crowded it is, how little air, how maybe we should just call it a night even though its just so much fun to see everyone.

(Eds. Note -- can you tell I'm from the midwest? I was going over this metaphor with one of the many New Yorker's I know and they seemed not to get the dynamic).

Once you finally cajole them our of the house, packed with leftovers and other bribes, it …

Some home-cooked stuffing. Apparently the photo in our Thanksgiving post was uncooked stuffing.
Some home-cooked stuffing. Apparently the photo in our Thanksgiving post was uncooked stuffing. Andrew E. Russell, displayed with permission

We're back! I hope you all had a great Thanksgiving. As we'd hoped, the Court issued some interesting decisions last week, including a denial of a motion to strike in Lindis Biotech, GmbH v. Amgen, Inc., C.A. No. 22-35-GBW (D. Del. Nov. 26, 2024).

In that case, the parties had agreed to a case narrowing schedule that required the accused infringer to cut back to 6 prior art references per patent by 14 days before the pretrial order, not including references used to show the state of the art, the knowledge of one skilled in the art, …