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The District Court and Bankruptcy Court for the District of Delaware Announce COVID-19 Precautions

Chief Judges Leonard P. Stark and Christopher S. Sontchi have announced procedures for protecting the public and court employees from the Coronavirus Disease 2019 (COVID-19) pandemic. The Chief Judges stated that the District Court and Bankruptcy Court will, if practicable and efficient, conduct conferences and hearings telephonically. Additionally, if practitioners believe they have come into…

Jennifer L. Hall Selected as U.S. Magistrate Judge for the District of Delaware

The District of Delaware today announced the selection of Jennifer L. Hall to become a United States Magistrate Judge. Ms. Hall will fill the fourth Magistrate Judge seat in the District of Delaware, which was recently created by the Judicial Conference of the United States. Ms. Hall has been selected after a process that included…

Judge Stark on Privilege for Patent Agents

In a Memorandum Order unsealed on February 19, Chief Judge Stark addressed disputes over Plaintiff Onyx’s privilege log. Before making rulings on specific documents reviewed in camera, Judge Stark ruled generally as to the extent of the applicable privilege. Judge Stark first recognized that the Federal Circuit has recognized a privilege between non-attorney patent agents…

Judge Burke Limits Scope of IPR Estoppel to Instituted Claims

This Report and Recommendation by Magistrate Judge Burke addresses a factual scenario that may apply in several cases in the wake of the Supreme Court’s decision in SAS Inst. Inc. v. Iancu, 138 S.Ct. 1348 (2018). In November 2012, Plaintiff PDI filed infringement actions in the District of Delaware alleging infringement of one patent-in-suit. Defendants…

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