Wednesday, March 26, 2014

Judge Robinson Adopts New Procedure for Patent Cases Based on Feedback from Patent Study Group

In response to feedback from the Court’s Patent Study Group, the district judge advised the parties that it would "change the way [the court] process[es] patent cases." "Any non-ANDA patent case that has had a scheduling order entered in the past six months will presumptively be switching to the new process, keeping to the extent possible the pretrial and trial dates, but probably having to add and/or change other status and hearing dates. I ask that you confer verbally with opposing counsel consistent with my new orders, which expand upon your responsibilities under Fed. R. Civ. P. 26(f) and 16, in order to conform your current order into the new format prior to meeting with me. . . . Clearly . . . the very nature of patent litigation has changed, and the message sent by virtually all participants in the PSG was that my process could better adjust to those changes."

HBAC MatchMaker Media Inc. v. CBS Interactive Inc., 1-13-cv-00428 (DED March 24, 2014, Order) (Robinson, J.)

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