A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: IP/DE

Illustration of e-mails heading towards Delaware counsels' inboxes as trial ramps up.
Illustration of e-mails heading towards Delaware counsels' inboxes as trial ramps up. AI-Generated, displayed with permission

We here at IP/DE are all practicing attorneys. We try to keep up with around one post per day, but sometimes we have to hang up the gone fishin' sign.

This is one of those times. We have a two-week-long patent trial starting next week, two simultaneous one-week trials shortly thereafter, and we're also spinning up on pretrial disclosures for yet another after that. It's funny how they seem to come all at once.

In short, it's time to call it for now. Assuming we survive—see you soon!

Elisha Terada, Unsplash

IP/DE launched 3 years ago today, with our first post published on May 25, 2020. The site started off as my pandemic project. I'm thrilled that it's still going three years later—and we don't plan to stop posting any time soon.

As I said in that first post, my goal has always been for IP/DE to be a "less formal, just-what-you-need-to-know style of blog"—the kind of legal blog I'd want to read! Something that "covers only the most interesting parts of opinions, orders, transcripts, and news, in the shortest way I can."

We've continued to strive to hit that goal, although our posts are often longer than I'd like, and we sometimes tend to write about …

Last month, we took a look at how the different judges handle indefiniteness at Markman, a question that comes up a lot.

We reported that every judge will hear argument about indefiniteness issues at Markman. But in the Judge Connolly specific section, we noted that he has never held a term indefinite in a Markman opinion, and has instead deferred ruling on the issue until summary judgment (citing two examples). See the full post for details.

Yesterday, at a hearing, Judge Connolly mentioned a blog post and stated that the post was incorrect in suggesting that he considers indefiniteness at Markman. He clarified that he does not permit indefiniteness argument at Markman. Instead, he might entertain early …

A simple topic for my first post—why start a blog?

Aren't there already multiple Delaware IP law blogs?

Yes, there are already other blogs that cover IP litigation in the District of Delaware, such as YCST's Delaware IP Law Blog—which I used to write for—and Gregory B. Williams' Delaware Intellectual Property Litigation blog.

They've done a great job over the past 10+ years of covering hundreds and hundreds of decisions issued by the judges here. They often post detailed summaries of judicial decisions, and they have covered many seismic changes in the district.

Haven't you heard of a thing called Law360?

Yes, and I've written for it. It's great. There is also Docket Navigator, which is an …