Intellectual Property Litigation

UPDATE: Senate Confirms Richard G. Andrews To Fill Judicial Vacancy; Christopher J. Burke Sworn In As Magistrate Judge

On November 3, 2011, the United States Senate confirmed President Obama’s nomination of Richard G. Andrews to fill the vacancy on the United States District Court for the District of Delaware created by the retirement of Judge Joseph J. Farnan, Jr. in July 2010. The District of Delaware now has a full complement of four judges and two magistrate judges. Judge Andrews served for 23 years in the United States Attorney’s Office for the District of Delaware in the positions of First Assistant United States Attorney, Chief of the Criminal Division and acting U.S. Attorney. Since 2007, he served as the State Prosecutor for Delaware, where he oversaw the Criminal Division of the Delaware Department of Justice. He has tried 59 cases to verdict, most in federal court, and was elected a Fellow of the American College of Trial Lawyers. Judge Andrews received his law degree from the University of California at Berkeley Boalt Hall School of Law in 1981 and his undergraduate degree from Haverford College in 1977. Following law school, he clerked for the Honorable Collins J. Seitz of the Third Circuit.

In August 2011, Christopher J. Burke was sworn in as United States Magistrate Judge for the District of Delaware, filling the vacancy left by Judge Leonard Stark’s elevation to District Judge in August 2010. Prior to his appointment, Judge Burke served in the United States Attorney’s Office for the District of Delaware for six years. He received his law degree from the University of Michigan Law School.

CLIENT NEWSLETTER: JUDGE LEONARD P. STARK CONFIRMED AS UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF DELAWARE

On August 5, 2010, the United States Senate confirmed President Obama’s nomination of Judge Leonard P. Stark to fill the vacancy on the United States District Court for the District of Delaware created by Judge Jordan’s elevation to the Third Circuit in December 2006. Judge Stark has been a magistrate judge for the District of Delaware since 2007.

In his three years as a magistrate judge, Judge Stark has presided over a patent jury trial and issued opinions in intellectual property cases on subjects ranging from discovery to claim construction and summary judgment to preliminary injunctions. This newsletter reports on a number of those cases.

Download Morris Nichols' IP Litigation Group Newsletter (PDF 342KB).

CLIENT ALERT: AMENDMENTS TO LOCAL RULES NOW EFFECTIVE

Recent amendments to the District of Delaware Local Rules became effective April 30, 2010. Two amendments are particularly significant:

Page Limits for Briefs: Local Rule 7.1.3(a)(4) has been amended so that the page limits for opening and answering briefs is now 20 pages and the page limit for reply briefs is now 10 pages.
Briefing Schedules: In light of the recent amendments to Fed. R. Civ. P. 6 regarding computing time, Local Rule 7.1.2(b) has been amended so that responses to motions are now due 14 days after the motion is served, and replies in support of a motion are now due 7 days after a response has been served. Other adjustments to timing were also made in light of the amendments to Fed.R.Civ.P.6. See, e.g., D. Del. LR 7.1.4; D. Del. LR 7.1.5; D. Del. LR 16.3(d); D. Del LR 30.1.

Click here to download a full copy of the amended rules (PDF 135 KB).