Patent Litigators in Delaware May Get Outside Judges

Feb. 20, 2018, 10:01 PM

Patent litigators expecting to try cases before federal district court judges in Delaware could instead wind up appearing before a Nebraska district court judge.

Because of current and impending judicial retirements, the court’s resources are strained, and it’s calling on several visiting judges to help handle its busy docket, including eight just to handle the overflow of patent cases.

For patent litigators, the impact is potentially having a case in front of a judge who doesn’t usually hear patent cases. In contrast, Delaware district court judges are comfortable with handling a large docket of sophisticated patent cases, including Hatch-Waxman litigation. ...

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