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ARTICLE · 28 MARCH 2014

New Scheduling Order May Preview Future Delaware "Local Patent Rules"

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court.

United StatesIntellectual Property

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court. Apart from providing a comprehensive set of deadlines for virtually every aspect of a patent case, the Order calls for proactive judicial involvement through a series of pre-scheduled in-person status conferences. While other judges in that Court have had standing orders regarding certain aspects of patent cases, Judge Robinson's recent model Order might be a preview of a more formalized set of "Local Patent Rules" for the District of Delaware to be adopted and used by all.

Building on Local Patent Rules From Other Districts

Judge Robinson's Order proposes that dates be set for all major events in the case, including those traditionally provided for by the Local Patent Rules of other districts. Blank date fields are provided for parties to serve initial and final sets of claim charts and invalidity contentions, exchange

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