The Amended Local Patent Rules: a discussion between the bench and bar
The Honorable Dana M. Sabraw, The Honorable Cathy Ann Bencivengo, Alex Rogers, David E. Kleinfeld
This event was jointly presented by the Federal Bar Association, San Diego Chapter
On April 25, 2013, the SDIPLA was pleased to co-sponsor a program on the Patent Local Rules, “The Amended Local Patent Rules: a discussion between the bench and bar.” Judge Sabraw, Judge Bencivengo, and Alex Rogers served as panelists, and the discussion was moderated by David Kleinfeld. The panelists provided the following highlights:
- The intent is to set a trial date at the ENE, 18 months from that conference. The Patent Pilot judges in particular intend to set a firm trial date, because it will allow the case to proceed expeditiously and proceed more certainly toward resolution
- Under the Pilot program, the six pilot program judges are handling 91% of the patent cases filed in the Southern District.
- The model ESI and Protective Orders are not technically mandatory, but should serve as important guides in developing these tools for individual cases.
- The new rules have provisions for limiting claim terms, and litigants can expect the judges to use their case management
- Discovery is designed to get documents produced in a streamlined fashion.
- In the future, the Patent Pilot judges may get more involved in discovery issues, instead of delegating that exclusively to the Magistrates. Judge Sabraw indicated that he may start doing his own CMC’s in patent cases.
- The panelists indicated that the Rules were designed to imbue more certainty into the process, and to streamline patent litigation in the Southern District
This was an informative event, and the SDIPLA wishes to thank the panelists for their insights.