Leonard P. Stark
Leonard P. Stark

Judge Leonard P. Stark, U.S. District Court of Delaware, trial judge in Leader Techs, Inc. v. Facebook, Inc., 770 F. Supp. 2d 686 (D.Del. 2011). Judge Stark heard his jury foreman admit that the jury made the on-sale bar decision without any evidence other than speculation, and yet he supported that verdict anyway. Just months before trial, Judge Stark allowed Facebook Judge Leonard P.Stark allowed Facebook to do an about face just three months before trial to include on-sale bar and blocked Leader from conducting additional discovery to prepare their defensesto add the on-sale bar claim after the close of all fact discovery and blocked Leader from preparing its defenses to this new claim. Judge Stark allowed the claims despite Leader's prophetic argument that the action would confuse the jury and prejudice Leader. He also permitted the jury to ignore the Pfaff v. Wells Electronics, Inc. test for on-sale bar, even after instructing the jury to use it. Judge Leonard P.Stark allowed the jury and his subsequent order to ignore his own jury instructions(See that Jury Instruction No. 4.7 here.) He also contradicted his own instruction to Leader to answer Interrogatory No. 9 in the present tense (2009), then permitted the jury to interpret it as a 2002 admission as well. Facebook's entire on-sale bar case is based upon this interrogatory. (Editorial: Hardly sufficient to meet the "heavy burden" of the clear and convincing evidence standard.

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