It has been a while since we have posted about them, but multiple D. Del. judges have held omnibus hearings to resolve multiple § 101 motions at once, called § 101 days.
Here is my co-blogger Nate's description of District of Delaware § 101 days from one of his posts a few years ago:
The 101 day has been the highlight of the Delaware patent law hearing calendar for many years now. It's an all-day no-holds-barred marathon where questions can come to any party at any time. And the best part is, you can look forward to a decision at the end of the day. It is our Super Bowl and our debutante ball all in one, where Delaware's brightest stars go to see, and be seen.
Nate's description has since been quoted, earnestly (and absolutely correctly), in the Harvard Journal of Law and Technology. See Matthew G. Sipe, Patent Law 101: I Know It When I See It, 37 Harv. J. Law & Tec 447, 453 (2024).
The Court has also, in at least one instance, applied this procedure to non-§ 101 issues, when it heard inequitable conduct motions across multiple cases in a single, combined § 101-day-style hearing.
Now, for the first time that I am aware of, the Court is applying the § 101 day procedure to a single action (rather than a set of multiple cases):
ORAL ORDER Setting Hearing on Motion: The Court, having reviewed Plaintiffs’ request for oral argument, . . . HEREBY ORDERS that a hearing on Defendant’s partial motion to dismiss . . . will be held on January 13, 2026, at 11:00 AM before Judge Christopher J. Burke in Courtroom 2A. Each side will be allowed one hour for argument. Although there are no other Section 101 motions scheduled to be argued before the Court on this date, the Court will plan to treat this hearing like a “Section 101 Day,” in that the Court, after the time for argument has concluded, will plan to adjourn and then return later in the day to provide a ruling on the Motion. The parties shall have at least one counsel remain at the courthouse until a ruling is made or the hearing is otherwise adjourned.
UMBRA Technologies Ltd. (UK) et al v. Juniper Networks, Inc., C.A. No. 24-1288-JLH-CJB, D.I. 61 (D. Del. Dec. 3, 2025).
I always think it's worth paying attention when our judges develop their procedures. It can give you an idea of what may be coming in a case. And, honestly, it's nice to see the somewhat unique (at least for Delaware practice) § 101 day procedure live on.
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
