December 4, 2013

District of Delaware Announces Patent Study Group

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.

October 8, 2013

Federal Circuit Sitting and Judicial Roundtable Discussion This Thursday

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

November 29, 2012

District of Delaware has suspended the upcoming PDF/A filing requirement

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.

October 11, 2012

New Filing Requirement: Electronic Filing of Sealed Documents

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.

Continue reading "New Filing Requirement: Electronic Filing of Sealed Documents" »

April 27, 2012

The District of Delaware gets third Magistrate Judge

On April 25, 2012, the Honorable Sherry R. Fallon was sworn in as a United States Magistrate Judge, joining Magistrate Judges Thynge and Burke. Prior to this appointment, Judge Fallon was a partner at Tybout, Redfearn & Pell specializing in insurance defense, insurance coverage and bad faith litigation, toxic tort, product liability, retailers' premises liability, construction litigation, creditors' claims in commercial bankruptcies, and defense of employment litigation claims. Click here for Judge Fallon's Web page.

April 18, 2012

2012 Federal Trial Practice Seminar: An Introduction to Federal Practice in the District of Delaware

The Delaware Chapter of the Federal Bar Association, in conjunction with the United States District Court for the District of Delaware, is pleased to announce another exciting new initiative. On the evenings of Thursday, May 17 and Thursday, May 31, 2012, from 5:00 to 7:30 p.m., the District Court and FBA will sponsor a two-night seminar program entitled “The Federal Trial Practice Seminar Presents: An Introduction to Federal Practice in the District of Delaware.” The sessions will take place in Courtroom 2B at the J. Caleb Boggs Federal Building.

Attorneys who have been practicing in the District for three years or less are eligible to participate in this seminar. One of the two seminar sessions will relate to an attorney’s interaction with opposing counsel and participation in the litigation process, while the other session will focus on an attorney’s interaction with the Court. Each session will include a presentation from a speaker and a panel discussion. The speakers and panel members will be current and/or former judges of the District Court.

Participation is limited to FBA members. Current FBA members may register for the seminar by contacting Steve Brauerman via e-mail at sbrauerman@bayardlaw.com, by no later than May 14, 2012. Those interested in participating in the seminar who are not currently FBA members may fill out and submit the attached application form in order to become a member.
Alternatively, they may contact Mr. Brauerman at the e-mail address listed above to obtain additional information about FBA membership.

Space for the seminar is limited and applicants will be accepted on a first-come, first-served basis. Applicants should be available to attend both sessions. Admission to the seminar is free and the FBA expects to apply for Continuing Legal Education credit in Delaware for both sessions.

The "Introduction to Federal Practice" seminar will be organized by the same administrative team that has organized our successful "Federal Trial Practice Seminar" (or "FTPS") in 2010 and 2011. The FTPS, an eight-week trial skills seminar program offered to attorneys in their first ten years of practice, will be next offered again in Spring 2013.

Federal Bar Association Membership Application

December 9, 2011

District Court Adopts New Default Standards for E-Discovery and Access to Source Code

Yesterday, the District Court adopted new default standards, the Default Standard for Discovery, including Discovery of Electronically Stored Information ("ESI"), and the Default Standard for Access to Source code.

Default Standard for Discovery, Including Discovery of Electronically Stored Information

Default Standard for Access to Source Code

November 3, 2011

Richard Andrews Confirmed As Newest U.S. District Judge for D. Del.

Today, the U.S. Senate confirmed Richard Andrews as the newest U.S. District Judge for the District of Delaware. For more information, a press release from Senator Chris Coons is available here.

September 12, 2011

Upcoming FBA CLE - TRIAL AND APPELLATE MEDIATION

On September 21, 2011, the United States District Court for the District of Delaware and the Delaware Chapter of the Federal Bar Association will present a Continuing Legal Education program on “Trial and Appellate Mediation.” The program will include a trial mediation panel, and appellate mediation panel and a practicum session.

The morning session will feature both panel presentations. The trial mediation panel will include a discussion with U.S. Magistrate Judge Mary Pat Thynge of the United States District Court for the District of Delaware, Vice Chancellor Donald F. Parsons, Jr. of the Delaware Court of Chancery, Andre G. Bouchard of Bouchard Margules & Friedlander, P.A., and David B. Stratton of Pepper Hamilton LLP. The appellate mediation panel will address the appellate mediator’s perspective as well as appellate mediation from the attorney’s point of view. The speakers for the appellate mediation panel include James M. Amend, Chief Circuit Mediator for the U.S. Court of Appeals for the Federal Circuit; Penny Conly Ellison, Circuit Mediator for the U.S. Court of Appeals for the Third Circuit; Frank E. Scherkenbach of Fish & Richardson; and Nancy Winkelman of Schnader Harrison Segal & Lewis LLP.

The afternoon session, featuring a practicum focused on mediation skills, will begin immediately after lunch. As part of this practicum session, Magistrate Judge Thynge will conduct a mock mediation based on a wrongful death case previously mediated by the Court. The practicum is designed to give mid-level associates and other practitioners an opportunity to learn the ins and outs of trial mediation from experienced practitioners, and to ask questions about mediation strategy.

The program has been approved for 6.0 Delaware CLE credits. As always, the program will be free to all members of the Delaware Chapter of the Federal Bar Association. Lunch will be provided at a cost of $15 per person. Space is limited for this program so please email Rocky Kravetz at Robert.kravetz@usdoj.gov if you would like to reserve a spot now.

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August 5, 2011

Magistrate Judge Burke Appointed on August 4, 2011

Yesterday, Christopher J. Burke was officially appointed as the newest U.S. Magistrate Judge for the District of Delaware. The full order is below.

Continue reading "Magistrate Judge Burke Appointed on August 4, 2011" »