A Blog About Intellectual Property Litigation and the District of Delaware


On Friday, former District of Delaware Chief Judge Stark authored what I believe is his first Federal Circuit opinion as a sitting Federal Circuit judge: In re A. Zeta S.R.L., No. 2022-1178, 2022 U.S. App. LEXIS 15992, at *1 (Fed. Cir. June 10, 2022) (affirming a PTAB trademark decision).

Note—before you e-mail to say I'm wrong!—Judge Stark has sat by designation at the Federal Circuit many times before, and has authored at least one Federal Circuit opinion as a district judge. See, e.g., Mortg. Grader, Inc. v. First Choice Loan Servs., 811 F.3d 1314 (Fed. Cir. 2016). But I think this is his first written opinion since his nomination.

Interestingly, ever since moving to the Federal Circuit, Judge Stark has continued to issue opinions in the District of Delaware. But since the opinion in In re A. Zeta came out on Friday, his pace seems to have increased. He issued eleven District of Delaware opinions over the course of three days:

LPS Opinions
U.S. District Court

This isn't the first time since Judge Stark was sworn in at the Federal Circuit where he had a burst of D. Del. activity. There was a day back in March where he issued thirteen decisions. But I thought it worth noting, especially for counsel who still have cases assigned to him, that he is proceeding with both Federal Circuit and District of Delaware opinions simultaneously (talk about a work load!).

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