Articles Posted in D. Del. News and Events

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On Wednesday, June 18, Judge Leonard P. Stark published a new form scheduling order on the District of Delaware web site for non-ANDA patent cases, as well as a new form pre-trial order for patent cases, a new set of “Procedures for Managing Patent Cases,” and a “Case Management Checklist” for use in patent Rule 16 conferences. These changes are in response to feedback from the Patent Study Group (discussed here). Unless otherwise ordered, these Revised Procedures will govern all non-ANDA patent
cases filed on or after July 1, 2014 that are assigned to Judge Stark.

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The 2014 FBA Annual Luncheon will be held on Wednesday, June 11, 2014, in the Gold Ballroom at the Hotel DuPont. Registration will begin at 11:30, and lunch will begin at noon.
This year’s annual luncheon will honor the tenures of outgoing Chief Judges of the District Court and Bankruptcy Court, Hon. Gregory M. Sleet and Hon. Kevin Gross; as well as the transition to incoming Chief Judges, Leonard P. Stark and Brendan L. Shannon.
The cost of the event is $60 per person for FBA members (or $450 for a reserved table of 8); $50 per person for public-sector FBA members (or $360 for a reserved table of 8); and $75 per person for non-FBA members.
RSVP by June 4, 2014, to Amy Vari, at avari@shawkeller.com (302-298-0706). You may send checks made payable to the Federal Bar Association to Amy at:
Amy Vari
Shaw Keller LLP,
300 Delaware Avenue
Suite 1120
Wilmington, DE 19801
We hope to see you there!

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As detailed in our previous post, at this year’s meeting of the IP Section of Federal Bar Association’s Delaware Chapter, Judge Stark gave a presentation on the District’s Patent Study Group, as well as on recent and anticipated changes to his and Judge Robinson’s case management practices. The slides from this presentation have been posted to the District of Delaware’s web site and are posted below.

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Attendees of the May 13th annual meeting of the IP Section of Federal Bar Association’s Delaware Chapter were privileged to hear perspectives from a variety of judges, including Chief Judge Rader and Judge Dyk from the Federal Circuit Court of Appeals, Judge Jordan from the Third Circuit, Chief Judge Davis of the Eastern District of Texas, Magistrate Judge Grewal of the Northern District of California, and Chief Judge Sleet and Judges Robinson, Stark and Andrews of the District of Delaware.

In addition to opening remarks from Chief Judge Rader and Chief Judge Sleet, the event included a district court judicial panel, an appellate judicial panel, and a presentation by Judge Stark, the soon-to-be Chief Judge of the District of Delaware. Judge Stark’s presentation provided a statistical overview of litigation in the District and the Court’s recently implemented Patent Study Group (PSG). The presentation also touched upon current (e.g., Judge Robinson’s new model scheduling order) and anticipated changes (e.g., Judge Stark’s new model scheduling order expected in later 2014) stemming from the results of the PSG.

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The Local Rules of the District of Delaware, as annotated by the attorneys of Young Conaway Stargatt & Taylor, LLP, are now available online in HTML webpage format, which some may find easier to search and navigate than other electronic formats. Click HERE to follow the link. Be sure to bookmark and share the page. Paper copies of the annotated Rules, as well as electronic copies formatted for use with tablets or e-readers, are available upon request.

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The District of Delaware has announced the creation of a Patent Study Group focused on exploring “issues relating to the practice of patent litigation, with a particular emphasis on the handling of such cases in the District of Delaware.” The Court’s announcement was posted on its website and reads as follows:

Court Announces Patent Study Group

The United States District Court for the District of Delaware is pleased to announce the creation of a Patent Study Group. The goal of the Patent Study Group is to explore issues relating to the practice of patent litigation, with a particular emphasis on the handling of such cases in the District of Delaware. In recent years, more patent cases have been filed in the District of Delaware than in almost all of the other federal trial courts across the country. The size of Delaware’s patent docket, and the experience of the District’s bench and bar, create a unique opportunity for identifying potential “best practices” for the management of these complex cases. Over the coming months, the Patent Study Group will solicit input from practitioners who regularly appear in the District of Delaware (in-state and out-of-state counsel), in-house counsel, and others with an interest in understanding and improving the practice of patent litigation.

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On Thursday, October 10, 2013, the Federal Circuit will hear oral arguments in the Ruby R. Vale Moot Courtroom at Widener Law School in Wilmington. The Court will hear arguments in four cases from 2:00 p.m. to 4:00 p.m. You can find more information here and here.

Following the oral arguments, the Intellectual Property Section of the Delaware Chapter of the Federal Bar Association will host a Roundtable Discussion featuring the Visiting Judges of the Court of Appeals for the Federal Circuit; and Chief Judge Gregory M. Sleet and Judge Sue L. Robinson of the U.S. District Court for the District of Delaware. A reception will immediately follow. More details below.

FBA Federal Circuit Reception

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Due to problems encountered in conforming to the PDF/A standard, the District of Delaware has indefinitely suspended the requirement that was to take effect January 1, 2013, that all documents filed into CM/ECF conform with the PDF/A standard.

The Court has announced that the filing of documents in PDF Standard format will remain acceptable until further notice.

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The CM/ECF Administrative Procedures have been recently revised to include a new procedure for filing sealed documents electronically, effective November 1, 2012. (See § (G)(1)). Previously, a document filed under seal was not actually filed. Rather, a slip sheet containing the notation “Document Filed Under Seal,” or the like, was filed in its place. Now, the Court requires sealed documents to be filed directly into CM/ECF. During the docketing process, a screen will appear asking if the document should be filed under seal. If “yes” is selected, the document will be sealed from public view. A redacted document is still required to be filed within 7 days of the sealed filing.

In addition, beginning January 1, 2013 all documents filed into CM/ECF are required to conform with the PDF/A standard.

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