The volume of patent infringement litigation in the United States has increased during the past 15 years. Patent litigation presents unique challenges not typical in other types of complex litigation. Given this uniqueness, and the ever-growing number of $100 million or more damages awards in these cases, it is somewhat surprising that historically there really has not been a comprehensive desk reference for managing patent cases. This changed on Jan. 15, when a draft of the Patent Case Management Judicial Guide was made available for review.
The more than 500-page guide is a collaborative effort by a number of patent litigation-savvy academics, practitioners and jurists. The guide addresses almost every aspect of patent litigation, contains a patent law primer and also includes special sections on abbreviated new drug application (ANDA) cases. The guide has been presented to the Federal Judicial Center for review, adoption and ultimate use throughout the U.S. district courts. It is anticipated that the Federal Judicial Center will adopt the guide sometime this year.
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