Page 27 - Delaware Lawyer - Winter 2022

With the strong commitment of Delaware’s federal judges, the District of Delaware is poised to continue its role as the nation’s trial court of choice for patent rights matters.
in the District of Delaware. He was confirmed by the U.S. Senate on February 9, 2022. In addition to hopes for the prompt seating of Judge Stark’s successor, the state is keeping its fingers crossed that Congress will follow the 2021 recommendation of the Federal Judicial Conference and establish two additional federal judgeships for Delaware.
The passing years only strengthen this conclusion: No other judicial dis- trict can match the number of patent trials held — or the level of institu- tional knowledge of patent law and procedure possessed by — the judges of the District of Delaware. With the strong commitment of Delaware’s federal judges, the District of Dela- ware is poised to continue its role as the nation’s trial court of choice for the efficient and fair enforcement of patent rights in the 21st century.
NOTES
1. This article is based upon and expands the feature authored by the late William J. Marsden, Jr. and Robert M. Oakes in Delaware Lawyer Vol. 29, No. 1 (Spring 2011) (“To Promote the Progress of Sci- ence and Useful Arts”).
2. Patents are often grouped together with trademarks and copyrights under the rubric “intellectual property.” Although the District of Delaware has handled some high-profile copyright and trademark cases over the years, its reputation in the field
of intellectual property is based principally on its handling of literally thousands of the country’s most complex and important patent cases.
3. Donald F. Parsons, Jr., Jack Blumen- feld, Mary B. Graham, and Leslie Polizoti, Solving the Mystery of Patentees’ “Collec- tive Enthusiasm” for Delaware, 7 DEL. L. REV. 145, 155 (2004)
4. 517 U.S. 370 (1996).
5. See Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals, Inc., 978 F.3d 1374 (Fed. Cir. 2020).
6. See Hon. Leonard P. Stark, Patent Study Group (PSG), Fed. Bar Ass’n D. Del. Chapter I.P. Section (May 13, 2014) (available at https://www.ded.uscourts. gov/news/presentation-honorable-leon- ard-p-stark-findings-patent-study-group). 7. TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___, 137 S. Ct. 1514 (2017).
8. 573 U.S. 208 (2014).
the scope of IPR estoppel. In 2019, Judge Leonard P. Stark pioneered the practice of “Section 101 Day” hearings to resolve more or less simultaneously (and usually from the bench) multiple motions regarding patent eligibility under 35 U.S.C. §101. He has found this to be a more effective means of handling the volume of such motions following the U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International8 and the steady flow of supplemental authority on the topic from the Federal Circuit and district courts.
Nationwide Outreach. The District Court judges have also been active speakers on intellectual property topics at events nationwide. These appearances have increased awareness of the district’s advancements and
expertise in handling patent cases among the national patent bar and their clients. In May 2015, the District of Delaware held its Inaugural Bench and Bar Conference, welcoming federal judges and attorneys from around the country.
Looking to the Future
Delaware’s status as a patent litiga- tion leader shows no signs of abating. On November 3, 2021, President Joe Biden announced the nomination of Judge Stark to the U.S. Court of Ap- peals for the Federal Circuit. Judge Stark has been universally hailed as an ideal pick for the Federal Circuit, in no small part due to his experience in presiding over more than 2,500 patent cases and conducting doz- ens of bench and jury patent trials
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