On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on...more
On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign...more
To enforce his Standing Order requiring third-party litigation funding disclosures, Chief Judge Colm Connolly sua sponte directed the non-practicing entity plaintiff in Nimitz Technologies LLC v. Bloomberg (and several...more
The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more
While Delawareans are proud of the well-deserved elevation of Judge Stark to the Federal Circuit, his absence coupled with the District of Delaware’s heavy caseload is forcing the Court to manage the docket by instituting the...more
The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more
On November 23, 2021, Chief Judge Colm Connolly of the District of Delaware denied a joint request for an early summary judgment motion in patent litigation. In Fundamental Innovation Systems International LLC v. Lenovo...more
In recent years, District of Delaware Judges, including Judge Richard Andrews, have helped to manage the high volume of patent litigation cases by referring 12(b)(6) motions to dismiss to Magistrate Judges. Last week, in...more
Last week US District Court Judge Richard Andrews rejected two separate parties’ filings in the District of Delaware because portions were redacted in their entirety. This practice applies universally to all District of...more