A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: DED

[Note from Andrew: Please welcome Dan Silver, Co-Managing Partner of McCarter & English's Delaware office and all-around great attorney! Like magic, we mentioned him and he appeared. Nate and I are still tied up, but we hope to return to our regular posting schedule soon. In the meantime, thank you Dan!]

A new Judge taking over his predecessor’s caseload.
A new Judge taking over his predecessor’s caseload. AI-generated, displayed with permission

I have often considered starting my own blog to compete with ipde.com, but unfortunately, deip.com is taken, so I will have to avail myself of the occasional opportunity to write a guest post on ipde.com until I can secure the proper domain rights. Many thanks to Andrew and Nate for the opportunity.

In what has otherwise been a fairly quiet summer in Delaware, the District of Delaware posted two big announcements in quick succession this week. First, on Monday, the Court issued a press release announcing that Magistrate Judge Christopher J. Burke will not seek reappointment as a Magistrate Judge when his current term expires in August 2027. Judge Burke will have served two full eight-year terms at that point, and is currently the longest-serving Magistrate Judge on the Court.

Judge Burke’s contributions to the Court are too numerous to list in a short blog post (especially given the paltry word limit that Andrew and Nate gave me), but certainly one of His Honor’s most impactful endeavors is leading the District’s Federal Trial Practice Seminar. Unique to the District of Delaware, the FTPS is a multi-week seminar for up-and-coming Delaware attorneys with between 5 and 10 years of practice experience to hone their trial skills—from opening statements to closing arguments and everything in between. The Court recruits practitioners to serve as instructors and mentors, and the participants have the benefit of feedback from the District’s Judges and Magistrate Judges, in addition to the practitioners. It is an invaluable program that has surely benefited generations of lawyers under many years of Judge Burke’s leadership. Many of the Delaware lawyers you will encounter as a frequent flier in our Court will ...

DED

Alert
Hugo Jehanne, Unsplash

Nate and I are still either traveling or heads-down in work, and we won't be back until April 20th. But this is an important update that I wanted to pass along, at least for Delaware counsel who frequently handle pro hac motions.

Today, Chief Judge Connolly issued a new standing order that changes the pro hac vice procedures in his cases. As set forth in the order, in addition to filing the usual pro hac motion, the movant must attach one of two new form certifications to the submission.

In the standing order, the Court recognizes (as we've mentioned) that attorney conduct in the District of Delaware is governed by the ABA Model Rules. Those …

Yesterday, the Court posted its 2026 Annual Report. There are a few easy highlights here.

Civil case filings in 2025 went up by 10%:

That increase seems to stem from more IP cases and more prisoner petitions:

Delaware continues to have one of the highest counts of patent cases per active judgeship:

Patent Cases per Judgeship
District Court

In the above chart, Delaware almost takes the lead, but EDTX has more overall patent cases. Of course, in recent years, NPE cases have trended towards TX—if there were a chart of competitor cases, which are much more work, I expect Delaware would easily take the lead.

The full report is embedded below. Enjoy!

Kristina Tripkovic
Kristina Tripkovic, Unsplash

It's not just you. Multiple firms in town have been experiencing issues with the Court's PACER system since yesterday. Most parts of the website work fine, and you can still make filings. But one of the most critical part of the site, pulling a list of docket items in a case, appears to be down. Others report that it's still working.

This feature is something I use multiple times per day. When I'm making a request of the Court, I like to check the docket to make sure I have the most up-to-date info about what's going on in the case. I also like to use exactly the same documents thatthe Court sees. Plus, it's helpful …

DED

Holiday Street Light
Hide Obara, Unsplash

Just a heads up for D. Del. practitioners: The Court announced today that it will be closed on Friday of this week, 12/26/2025, in addition to being closed on Wednesday and Thursday as previously scheduled. This is due to an executive order issued last week. Be sure to consider whether this impacts any of your deadlines!

DED

I spent about an hour today looking for a new opinion to write about, all the while muttering to myself about how December's always a slow month for opinions, what with the many holidays and family get-togethers, to say nothing of the endless procession of time-themed ghosts with their wailing cries and clanking chains.

Humbug.

AI-Generated, displayed with permission

My search was ultimately fruitless, but it did inspire me to check if December actually is a slow month for opinions, or if that's just something that seems like it ought to be true.

So I ran the numbers through Docket Navigator, counting all the opinions on contested motions from the start of last December (2024). The data is horrid—frequently the same opinion will appear multiple times leading to unpredictable overcounting—but the errors should all be in the same direction so it should be good enough for the purposes of sating my curiosity.

As it turns out, my intuition was pretty spot on.

The three months with the fewest opinions are all big vacation or holiday months:

  • December - 69
  • June - 67
  • November - 65

The months with the most opinions were a bit more surprising (although they were all clustered fairly close in the top half)

  • August - 113
  • July - 114
  • February - 116

So there you go—if you happen to be a legal blogger looking to take a month off to avoid the torments of Christmases past, present, and future, December is a good choice. But you had best be back by the February rush.

DED

Flags
Benjamin Lehman, Unsplash

Just a reminder that tomorrow is Veteran's Day, and that the District of Delaware is closed. To the extent you may have deadlines tomorrow that are calculated in days, consider FRCP 6, which states:

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. . . . include the last day of the period, but if the last day is a . . . legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. . . .
(3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible . . . on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday . . . .

Of course, this says nothing about deadlines set on a date certain by the parties or the Court. And even though the clerk's office will be closed, CM/ECF should continue to work just fine and does not restrict attorneys from filing things.

Side Note Regarding Court Holidays

Did you know that the Court typically closes for a couple of days each year that are not national holidays (e.g., Christmas Eve, Good Friday, and the day after Thanksgiving)? These show up on the Court's website as "Court Holiday" or "State Holiday." If your firm practices here often, it may be worth calendaring them so you don't forget.

DED

District Court Seal

Whew! The 2025 District of Delaware Bench and Bar conference wrapped up on Friday (has it really been two years!?). It was a wonderful event, as always, and the organizers did an amazing job. All of the panels were great, but I particularly enjoyed Judge Andrews' incredible interview of Judge Bryson (and I heard the same from others).

The conference was especially fun for me this year, because I received a lot of in-person feedback about this blog. Thank you all!! One request was to keep our posts short, and I'll try to do that today.

For anyone who missed it, here are some notes from the conference, organized loosely by topic:

Judges, Visiting Judges, & the Court …

DED

2025 Bench and Bar

Delaware FBA members should already have received an e-mail, but I know that some missed it or it got filtered out as spam, so here is a public service announcement. The 2025 District of Delaware Bench and Bar will take place at the Chase Center at the riverfront in Wilmington on September 25-26.

The District of Delaware Bench and Bar is a great event, and if you're a reader of this blog, it's well worth attending. It's great to see the judges and frequent litigators in person, and the judges on the panels always have useful insights. We'll likely have a summary post here on the blog, but the rules normally prohibit attribution, so you won't get the full effect …