For many years, the District of Delaware has ranked among the top venues in the nation for patent infringement cases, due in no small part to the experience of the judges who hear them and the general ease of establishing jurisdiction. In 2013, Delaware accounted for almost one-quarter of the approximately 6,100 patent cases filed across the nation. This trend has not abated in 2014, with only the Eastern District of Texas surpassing Delaware in the number of new patent cases filed year-to-date. Notably, each of the district’s four judges places in the top six in the nation by number of pending patent cases.
Against the backdrop of this ever-increasing docket of patent cases, Judge Sue L. Robinson on March 25 and Chief Judge Leonard P. Stark on June 18 implemented significant revisions to their respective policies and procedures in an effort to streamline litigation with respect to non-ANDA (abbreviated new drug application) cases. These revisions come on the heels of their leadership of a patent study group commissioned by the district, in which they led a series of discussions between the bench and the bar aimed at soliciting “potential ‘best practices’ for the management of these complex cases.”
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