A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: DED

Delaware State and Federal Courts Lift Mask Mandates

Andrew E. Russell, Feb. 28, 2022
DED COVID-19

Masks
Afif Kusuma, Unsplash

Effective today, the District of Delaware lifted its mask mandate for public areas:

NOW THEREFORE, it is HEREBY ORDERED that:
1. Effective immediately, masking in public areas of the Court (lobby, corridors, elevators, restrooms, etc.) is no longer required. People may choose to wear a face mask at their discretion. Prior standing orders of the Court that imposed mask requirements are VACATED to the extent, and only to the extent, such orders imposed mask requirements.
2. Judges retain the discretion to impose mask requirements in their courtrooms as they see fit.

Delaware state courts are likewise ending their mask mandate, starting on Wednesday of this week.

In a message to the bar, Delaware Supreme Court Chief …

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Another Judge Stark Reassignment Pending His Departure

Andrew E. Russell, Feb. 24, 2022
Congestion Judicial Vacancies

Fork in the Road
Jens Lelie, Unsplash

Ever since Judge Stark was confirmed to the Federal Circuit, one of the most common questions I've received is: what will happen to his current cases, and when will we know?

There have already been some reassignments to visiting judges, but few clear indications of what may happen in the bulk of Judge Stark's current cases. We got some more hints yesterday in this oral order from Judge Stark:

ORAL ORDER: IT IS HEREBY ORDERED that this case will be reassigned to another judge and the pretrial conference (currently scheduled for March 24) and jury trial (currently scheduled for April 6) will be rescheduled by that judge. Accordingly, the current pretrial conference and trial dates are …
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Oh Captain, My Captain

Nathan R. Hoeschen, Feb. 10, 2022
Visiting Judges Congestion

Andreas Dress, Unsplash

It is with heavy heart that I announce that Judge Stark has finally been confirmed to the Federal Circuit. Appointed to our little Court in 2010, Judge Stark's time with us has been all too brief, and he will be dearly missed by all of us who practiced before him and/or shared his love of T. Swift (2/2)

With Judge O'Malley set to retire on March 11, Judge Stark is likely to be sworn in very shortly thereafter. If the past is any guide, we can soon expect Judge Stark's active cases to be transferred to visiting visiting judges or magistrates while the district awaits a new Article III judge.

We here at IP/DE will keep you updated on any Judge Stark happenings at the Federal Circuit, on the theory that he will always carry a piece of Delaware with him, like a traveling embassy for the first state.

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Judge Stark Begins Assigning Cases to Visiting Judges

Nathan R. Hoeschen, Jan. 20, 2022
Visiting Judges Congestion

Goodbye Judge!
Goodbye Judge! Japanese cat figurines, Alain Pham, Unsplash

Following Judge Stark's nomination to the Federal Circuit and subsequent smooth appearance before the Judiciary Committee, we've all begun to wonder when he would begin unloading his pending cases.

Well wonder no more!

On Tuesday, Judge Stark issued the following oral order in 360Heros, Inc. v. GoPro, Inc., C.A. No. 17-1302-LPS, D.I. 260 (D. Del. Jan. 18, 2022):

Having reviewed the parties' letter relating to the jury trial currently scheduled to begin on March 7 . . . IT IS HEREBY ORDERED that the trial is CONTINUED to a date to be determined. The parties are advised that in advance of trial, likely sometime in February, …
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Reminder: D. Del. Court Is Closed Thursday and Friday of This Week

Andrew E. Russell, Dec. 22, 2021
Computing Time DED

Christmas
Rodion Kutsaev, Unsplash

Just a reminder that the District of Delaware courthouse is closed on Thursday and Friday of this week, 12/23/2021 and 12/24/2021.

The Court's has already updated its website to display the 2022 holidays, but the 2021 holidays are still available via the Wayback Machine.

Why does this matter? Well, let me quote FRCP 6:

(a) Computing Time. . . .
(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) [a period stated in days or a longer unit], then the time for filing is extended to the first accessible day that is not …
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Judge Stark to Be Nominated for the Federal Circuit

Andrew E. Russell, Nov. 3, 2021
Congestion Judges

Wilmington, <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='Delaware'>DE</a>
Wilmington, DE Andrew Russell, CC BY 2.0

Big news! The White House announced today that Judge Leonard P. Stark of the District of Delaware is set to be nominated to the Federal Circuit.

Assuming he is confirmed, Judge Stark will actually be the second judge to be elevated to an appellate court from the District of Delaware in recent memory, following The Honorable Kent A. Jordan's elevation to the Third Circuit in 2006.

Congratulations to Judge Stark!

Another Judicial Vacancy? No problem.

Despite its enormous patent case load, the District of Delaware remains a small court, with just four district court judges (although the Judicial Conference …

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