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D. Mass. Joins List of Courts with Patent Rules


Add the District of Massachusetts to the growing list of jurisdictions adopting specialized patent rules. Last month, D. Mass. unveiled its new LR 16.6, which, among others, prescribes a detailed structure for disclosing infringement and invalidity contentions, Markman proceedings, and other patent scheduling matters.

Delaware practitioners will see familiar elements in the D. Mass. rule. Its suggested opening Markman briefing limit, 25 pages, is similar to Chief Judge Sleet’s briefing rules. Also recognizable is the joint claim statement provision, which is an increasingly common (and often required) feature of D. Del. patent litigation.

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