A Blog About Intellectual Property Litigation and the District of Delaware


District Court Seal

The Delaware Chapter of the Federal Bar Association held its annual lunch today and, as usual, the District and Bankruptcy Courts provided updates on the state of the courts. There wasn't a lot of new information this year, but here are some quick notes on some relevant items:

  • District court case filings here in D. Del. were down only 2%, compared to 14% nationally
  • Criminal filings were up 14%
  • There was a 7% drop in patent case filings, but we still have 39% of all ANDA cases
  • We are still the biggest court for competitor case filings
  • The Court strives to be fair and not partial to either plaintiffs or defendants
  • Judge Andrews is continuing to take almost a full case load

Visiting Judge Referrals to Continue

The Court acknowledged that cases are still being referred to visiting judges, and that that will continue. There were some indications last year that referrals would slow down, but since then, former President Biden vetoed the JUDGES Act. Given that and the Court's case load, there is no way to ensure the speedy resolution of cases without some referrals.

FBA Elections

Our former co-blogger Jeff Castellano ended his term as president of the FBA and was thanked by all for a job well done. The FBA also also elected its new officials, including Bindu Palapura as president, our co-blogger Emily DiBenedetto as vice president, Michael Flynn as secretary, and Jeff Lyons as treasurer. Congratulations to all!!

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