2022 D. Del. Patent Litigation Review

Morris Nichols is pleased to provide this snapshot of patent litigation activity in the US District Court for the District of Delaware in 2022.

The District of Delaware continued its role as a leading venue for patent cases in 2022, with the Court receiving 668 new patent filings last year. Delaware remains the dominant venue for Hatch-Waxman (ANDA) patent cases, with 63% of those cases nationwide filed in Delaware in 2022. For more than a decade, Delaware judges have presided over more ANDA cases than all other Courts in the country combined.

All told, the Court's four district judges and four magistrate judges, with assistance from a cadre of visiting judges, presided over 1,684 patent cases pending at some point in 2022 and held 28 trials. At the end of 2022, the Court had 798 open patent cases representing 46% of the Court's full docket.