A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Visiting Judges

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, …

Tennessee
Tennessee Mike Lento, Unsplash

Today Judge Andrews reassigned a case to what appears to be a new visiting judge for the District of Delaware, Senior District Judge Jon Phipps McCalla of the Western District of Tennessee:

Case Reassigned to Judge Jon P McCalla of the United States District Court for the Western District of Tennessee. Please include the initials of the Judge (JPM) after the case number on all documents filed. (rjb) (Entered: 01/03/2022)

Emerson Process Management Regulator Technologies, Inc. v. Pietro Fiorentini (USA), Inc., C.A. No. 21-1488-JPM (D. Del.).

To my knowledge, this is the first referral of a Distrct of Delaware patent case to Judge McCalla, and he is not yet on the …

Consent
Pawel Czerwinski, Unsplash

Two weeks ago, we wrote about a new set of referral orders in five Chief Judge Connolly cases. These orders offer the parties the choice to either consent to referral to Magistrate Judge Hall, or have their case referred to a visiting judge.

At this point, all parties have responded, and three out of five sets of parties consented to jurisdiction before Magistrate Judge Hall rather than having the case referred to a visiting judge. Seems like a good result! It will be interesting to see whether the Court continues to use these orders going forward.

I didn't see any obvious patterns among the cases that did or did not consent, although five cases is too small …