Chief Judge Connolly updated his form non-patent scheduling order today.
If, like me, you're wondering what changed: worry not! We did a comparison. The main change, other than minor wording and formatting revisions, is that his procedures for ranking summary judgment and Daubert motions now apply to non-patent cases.
This makes sense—we see plenty of rather large and heavily-litigated competitor cases that are not patent cases here in D. Del., including copyright and trade secret cases. These can involve multiple summary judgment motions just like patent actions.
Interestingly, Chief Judge Connolly did not import the page limits for summary judgment motions into his non-patent scheduling order. In his patent order, he permits the typical page limit of 40 pages for SJ or 50 for combined SJ+Daubert (albeit stated as a word limit). The non-patent scheduling order has no such limit.
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