Topic:
The Amended Local Patent Rules: a discussion between the bench and bar
Speakers:
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.
About The Honorable Dana M. Sabraw
About The Honorable Cathy Ann Bencivengo
About Alex Rogers, Senior Vice President, Legal Counsel, Corporate Legal
QUALCOMM Incoporated
About David E. Kleinfeld, Partner
Goodwin Procter
Federal Judicial Service:
Judge, U.S. District Court, Southern District of California
Nominated by George W. Bush on May 1, 2003, to a new seat authorized by 116 Stat. 1758. Confirmed by the Senate on September 25, 2003, and received commission on September 26, 2003.
Education:
American River Junior College, A.A., 1978
San Diego State University, B.S., 1980
McGeorge School of Law, University of the Pacific, J.D., 1985
Professional Career:
Private practice, Santa Barbara, California, 1985-1989
Private practice, San Diego, California, 1989-1995
Judge, North County Municipal Court, County of San Diego, California, 1995-1998
Judge, Superior Court for the State of California, County of San Diego, California, 1998-2003
Federal Judicial Service:
Judge, U.S. District Court, Southern District of California
Nominated by Barack Obama on May 11, 2011, to a seat vacated by Jeffrey T. Miller. Confirmed by the Senate on February 9, 2012, and received commission on February 10, 2012.
U.S. Magistrate Judge, U.S. District Court, Southern District of California, 2005-2012
Education:
Rutgers University, B.A., 1980
Rutgers University, M.A., 1981
University of Michigan Law School, J.D., 1988
Professional Career:
Private practice, San Diego, California, 1988-2005
Alex Rogers is a Senior Vice President and Legal Counsel for Qualcomm Incorporated. He joined Qualcomm in January 2001. Since that time he has managed intellectual property and commercial litigation matters for the company and is currently the head of its litigation group.
Prior to joining Qualcomm, he was an associate and then a partner with the law firm of Gray, Cary, Ware & Friedenrich, now DLA Piper, where he was a litigator and trial lawyer for fourteen years, specializing in intellectual property litigation for various technology companies.
He received his BA from Georgetown University in 1979, studied for one year at the Hebrew University in Israel, earned a master’s degree in literature from Georgetown in 1985, and then obtained his law degree from Georgetown in 1987.
Mr. Kleinfeld has significant trial experience representing corporations in litigation involving intellectual property, unfair competition and various business and commercial disputes. He has previous significant victories for clients such as QUALCOMM, Kyocera and Jostens. Other representative clients in recent and pending matters include Nokia, Cricket, MetroPCS, ZTE, HTC, Bank of America and Ernst & Young.
This event is jointly presented by the Federal Bar Association, San Diego Chapter