Tag: Intellectual Property Litigation

District of Delaware Judge Robinson Takes Senior Status, Leading to Changes in Case Assignment Practices

On February 3, 2017, the United States District Court for the District of Delaware announced that with the celebration of her birthday today, Judge Sue L. Robinson has officially become a Senior United States District Court Judge.  With Judge Robinson’s senior status, the Court has modified certain case assignment practices... Continue Reading

Amendments to the District of Delaware Local Rules

The District of Delaware has issued Amendments to the District of Delaware Local Rules (the “Amendments”) that will go into effect on August 1, 2016.  Although most of the modifications are cosmetic, we address here the more significant changes which include the “reasonable effort” definition for meet and confer, exemptions for bankruptcy appeals, objections to Magistrate Judge rulings,... Continue Reading

Pleading Direct Patent Infringement Without Form 18

The way plaintiffs plead direct patent infringement may be about to change. Currently, the use of Form 18 suffices to plead a claim of direct patent infringement, despite what many courts and commentators believe is insufficient factual information required by that form. Recognizing that deficiency, the Federal Rules Advisory Committee recently submitted a proposal to the U.S. Supreme Court to... Continue Reading

District Court Announces Revised Electronic Case Filing Policies and Procedures

On October 2, 2014, the United States District Court for the District of Delaware issued a standing order, effective October 16, 2014, further revising section (F) of its Revised Administrative Procedures Governing Filing and Service by Electronic Means to reflect a new filing and service deadline of 6:00 p.m. Eastern Time. “Aside from initial pleadings, all electronic transmissions of... Continue Reading

District of Delaware, Revised Procedures for Managing Patent Cases

The District of Delaware initiated a Patent Study Group (“PSG”) in January 2014 to address the District’s impressive patent caseload and to improve overall efficiency in patent litigation. On June 17, 2014, Judge Stark formally adopted Revised Procedures for Managing Patent Cases, which will be implemented in all non-ANDA patent cases assigned to him filed on or after July 1,... Continue Reading

District of Delaware CLE Program with Circuit and District Court Judges

On May 13, 2014, the Intellectual Property Section of the Delaware Chapter of the Federal Bar Association hosted a CLE program featuring Chief Judge Randall Rader and Judge Timothy B. Dyk of the Federal Circuit, Judge Kent A. Jordan of the Third Circuit Court of Appeals, Judges Sue L. Robinson, Leonard P. Stark, and Richard G. Andrews of the District of Delaware, Chief Judge Leonard E. Davis of... Continue Reading

Delaware Intellectual Property Litigation Newsletter: Delaware ANDA Cases

In all six patent infringement opinions issued in cases between branded pharmaceutical companies and generic pharmaceutical companies under the Hatch-Waxman Act thus far in 2012 in the District of Delaware, the Court has ruled in favor of the branded pharmaceutical companies, finding their patents valid and infringed. Morris Nichols represented the plaintiff in five of those six cases... Continue Reading


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