Delaware

Groundbreaking Verdict: Delaware Jury Grants Natera $96.3m in Damages for Pioneering Kidney Transplant Tests

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Wilmington, Delaware – A Delaware jury has awarded Natera $96.3 million in damages in a lawsuit concerning kidney transplant tests. The jury’s decision came after a dispute over the alleged theft of the intellectual property from Natera by CoGenesys, a former business partner. This ruling represents a significant victory for Natera, a global leader in genetic testing and diagnostics. The jury found CoGenesys liable for breach of contract, misappropriation of trade secrets, and fraud. According to the evidence presented during the trial, CoGenesys unlawfully obtained Natera’s proprietary technology and used it to develop their own … Read more

Pioneering Patent Case: Lack of Non-Infringing Alternatives in Two-Player Market Proves Essential for Lost Profits Award, Delaware District Court Rules

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Wilmington, Delaware – In a recent ruling, the District of Delaware clarified the evidence required to establish a lack of non-infringing alternatives in a two-player market. The case involved two competitors in the outdoor decking products industry, both selling bamboo decking products. The defendants had been found guilty of patent infringement, and they challenged the damages award of $1.5 million, claiming that the plaintiffs had failed to prove lost profits. The defendants argued that the plaintiffs had not provided customer-specific evidence to establish the absence of non-infringing alternatives. However, the district court rejected this argument, … Read more

Judge Narrowly Rejects Delaware Attorney General’s Claims in Lawsuit Against Fossil Fuel Industry

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WILMINGTON, Del. — A judge in Delaware has dismissed several claims made by the state’s attorney general in a lawsuit accusing the fossil fuel industry of downplaying the risks of climate change. This ruling significantly narrows the scope of the suit, which sought to hold the industry accountable for the effects of air pollution within the state. Democratic Attorney General Kathleen Jennings filed the lawsuit in 2020, teaming up with a California law firm that has previously sued the oil industry on behalf of other state and local governments. While Superior Court Judge Mary Johnston … Read more

Delaware Climate Change Lawsuit Against Big Oil Faces Major Setback as State Court Partially Dismisses Claims

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Wilmington, Delaware – A lawsuit filed by the government of Delaware against major fossil fuel companies over their greenhouse gas emissions and impact on global warming has been partially dismissed by a top state court. Judge Mary Johnston of the Delaware Superior Court ruled that the state’s claims for damages related to out-of-state or global greenhouse gas emissions and interstate pollution are preempted by the federal Clean Air Act and fall beyond the limits of state statute. Although other claims can still be pursued, the ruling significantly weakens the case. The lawsuit, which dates back … Read more