Page 24 - Delaware Lawyer - Winter 2022

FEATURE
in the Vanguard
Karen L. Pascale
Delaware
The First State remains a premier venue for intellectual property disputes1
The U.S. District Court for the District of Delaware has been regarded as one of the nation’s premier trial courts for patent disputes since the early 20th century.2 The Court’s consistent commitment to its patent docket has ensured that Delaware’s judges have always been considered among the most experienced and sophisticated in the country when it comes to handling patent matters. Over the past 40 years, as the law has changed and trial practice has evolved, they have been in the forefront of innovating to ensure that patent cases filed here are handled fairly and efficiently.
The 1980s
The creation of the United States Court of Appeals for the Federal Circuit (CAFC) in 1982 was intended to bring uniformity to patent law by doing away with the conflicts that had developed in the various regional circuit courts. As the sole appellate court for patent cases, the CAFC shifted the focus of patent plaintiffs’ choice of forum from the circuit court to the trial court and paved the way for explosive growth in
the Delaware District Court’s patent fil- ings that has yet to abate.
During the pre-CAFC era, Judge Ca- leb M. Wright had emerged as arguably the leading patent jurist in the country. In addition to being an outstanding trial judge, Judge Wright’s most impor- tant legacy to patent law and the Dela- ware District Court may be the example and encouragement he gave to the next generations of Delaware judges to em- brace these cases, and to generate care- ful and thorough opinions.
22 DELAWARE LAWYER WINTER 2022