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D. Del. Continues to See Rise in Patent Filings

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Delaware continues to be the hotbed for patent litigation. The District of Delaware continues to be the nation’s leader in number of patent cases per judge and Fiscal Year 2008 (October 1-September 30) showed an increase in patent filings in this district by almost 19%. In statistics recently released by the Court, the District of Delaware had 187 patent case filings in Fiscal Year 2008 compared to the 157 patent case filings in Fiscal Year 2007. The filings averaged to be approximately 45 patent cases per authorized judgeship. Of note, this statistic was calculated based on a Court comprised of 4 district court judges, and as most are aware, the District of Delaware has had one vacant judicial position since 2006. This statistic outpaces the N.D. Cal., D.N.J. and C.D. Cal. by almost 10X the amount of case filings per judge and even exceeds the E.D. Tex. by over five cases per judge.

Despite these statistics and the judge’s additional civil and criminal case loads, the District continues to schedule patent trials approximately 18-24 months out and promises to adhere to those trial dates once set in the scheduling order. If a litigant wants to get to trial and do so quickly and efficiently, the District of Delaware remains the place to do so.

The graphs set forth below were provided by the U.S. District Court for the District of Delaware.

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