On April 12, 2012, NXP filed a complaint in this Court, alleging that BlackBerry had infringed six of their U.S. patents. (Doc. No. 1.) After receiving Defendants’ invalidity contentions, Plaintiff conceded its claim pertaining to U.S. Patent No. 5,763,955 (“‘955 patent”). Plaintiff subsequently submitted an amended complaint, reducing its asserted patents to five (“patents-in-suit”): No. 6,501,420 (“‘420 patent”), No. 6,434,654 (“‘654 patent”), No. 7,330,455 (“‘455 patent”), No. 5,597, 668 (“‘668 patent”), and No. 5,639,697 (“‘697 patent”). (Doc. No. 97.)
The Middle District of Pennsylvania offers a database of opinions for the years 1999 to 2012, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
4:14-CV-00274File:This case concerns issues of first impression in Pennsylvania in a dispute over whether an oil and gas land lease was extended or expired by its own terms. Before the Court is the Defendants’ Motion to Dismiss the Plaintiff’s Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 6).
4:13-cv-02655File:Before the Court is the Plaintiffs’ Motion for Attorney Fees (ECF No. 47) pursuant to 42 U.S.C. § 1988(b), Federal Rule of Civil Procedure 54(d), and United States District Court for the Middle District of Pennsylvania Local Rule 54.4. The underlying action concerned Plaintiffs’ claims of unlawful sex discrimination under 42 U.S.C. § 1983, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and the Equal Rights Amendment of the Pennsylvania Constitution. The Plaintiffs ultimately prevailed on the merits and seek compensation for their attorneys.
Judge Jones' repsonse to a Motion to Internvene in the Whitewood v. Wolf case.
1:13-cv-1861 Whitewood v. WolfFile:Today, certain citizens of the Commonwealth of Pennsylvania are not guaranteed the right to marry the person they love. Nor does Pennsylvania recognize the marriages of other couples who have wed elsewhere. Hoping to end this injustice, eleven courageous lesbian and gay couples, one widow, and two teenage children of one of the aforesaid couples have come together as plaintiffs and asked this Court to declare that all Pennsylvanians have the right to marry the person of their choice and consequently, that the Commonwealth’s laws to the contrary are unconstitutional. We now join the twelve federal district courts across the country which, when confronted with these inequities in their own states, have concluded that all couples deserve equal dignity in the realm of civil marriage.
4:11-cv-01989 Neuhard v. Range Resources Appalachia, LLCFile:This case concerns a dispute over an oil and gas lease executed by the Parties.
3:09-CV-2284File:In this case we are invited to take a step which no court in the United States has chosen to take, and declare hydraulic fracturing to be an ultra-hazardous activity that gives rise to strict tort liability. This lawsuit was initiated on November 19, 2009, by a group of 44 plaintiffs who collectively filed suit to recover damages for injuries and property damage allegedly suffered as the result of the defendants’ natural gas drilling operations in Dimock Township, Susquehanna County, Pennsylvania. Subsequent to this case being filed, a number of the plaintiffs reached settlement agreements with the defendants, and at this juncture only 12 plaintiffs remain in the case.
4:10-v-02539 Allegheny Enterprises, Inc. v. J-W Operation Co.File:This case was removed to this Court on December 15, 2010. The Court’s basis for jurisdiction is the parties’s diverse citizenship. Pennsylvania law applies.On August 17, 2012, plaintiff Allegheny Enterprises, Inc. (hereinafter, “Allegheny”) filed an amended complaint seeking declaratory judgment (counts I & II), and asserting claims of conversion (count III), intentional interference with contractual relations (count IV), and interference with coal interests (count V) against defendant J-W Operating Company (hereinafter, “J-W Operating”).1 (Am. Compl., Aug. 17, 2012, ECF No. 53 (hereinafter, “Am. Compl.”)). Allegheny’s claims all substantially rest on its assertion that it owns “the coal, shallow gas and oil and the related rights” under lands that Allegheny refers to as the “Pardee Tract” and the “Jones/McConaghay Properties,” while J-W Operating owns the “deep gas and related rights” under the same lands, having acquired such rights by assignment from Allegheny. (Am. Compl. ¶¶ 11, 17). Allegheny contends that, by the terms of a series of agreements with J-W Operating, its coal and shallow gas and oil rights are superior to the deep gas rights it assigned to J-W Operating (Id. ¶¶ 36, 42), and that J-W Operating has infringed (and threatens to further infringe) upon Allegheny’s rights by drilling ahead of Allegheny.
1:12-cv-2577 Lerner, et al. v. Corbett, et al.File:This matter concerns whether a Pennsylvania constitutional provision, requiring that all justices, judges, and justices of the peace be retired in the year that they turn 70, violates 1 the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States Constitution. Plaintiffs are Pennsylvania state court judges who will be required to retire before the completion of their respective elected terms due to the passage of their 70th birthdays.
4:12-cv-01313 AVCO Corp. v. Precision Airmotive LLC, et al.File:Plaintiff AVCO Corp. (hereinafter, “AVCO”) commenced this action by filing a complaint on July 6, 2012, asserting various claims against defendant Precision Airmotive LLC (hereinafter, “Precision”) – defamation (count I), product disparagement (count II), tortious interference with contractual relations (count III) – and seeking declaratory relief and the cancellation of several trademarks.