The U.S. District Court for the District of Delaware now has more patent case filings on its docket than the U.S. District Court for the Eastern District of Texas, likely the result of a May 2017 Supreme Court ruling restricting where patent holders can sue.
There’s been a 10 percent decline nationwide in patent filings, Denise Seastone Kraft, a patent litigator with DLA Piper in Wilmington, told me, but, at the same time, there’s been a significant increase in the percentage of cases filed in Delaware, she said.
The volume of patent suits have definitely increased in Delaware, she said, adding that the statistics bear that out. “We’ve also seen it in practice,” she said.
“What happened in Delaware is like a tsunami creeping up on you slowly,” she told me.
“You don’t notice it at first,” she said, but “we’re seeing the cases roll in and they’re starting to build now,” she said.
The Delaware district court is so busy with patent cases, she said, the Judicial Conference has recommended for years that a fifth judge be added to the bench. But that’s not likely to happen because Congress hasn’t provided the funding for an additional position, she said.
The fallout from the TC Heartland case has also caused an uptick in the number of such cases filed in other U.S. district courts including the Northern District of Illinois and the Northern and Central Districts of California, intellectual property and life sciences litigator James Stronski of Crowell & Moring in New York told me Feb. 14.
Read my full story on developments in the U.S. District Court for the District of Delaware here.
Stay on top of new developments in health law and regulation, and learn more, by signing up for a free trial to Bloomberg Law.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)