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Patent Cases (for Utility Patents)

The Local Patent Rules of course apply to all cases regarding utility patents filed in this District. It is Judge Durkin’s practice, however, to hold an informal, off the record meeting in chambers with the attorneys for the parties as soon as possible after all parties have counsel who have filed appearances in utility patent cases. All discussions at the meeting will be inadmissible in any later proceeding under Federal Rule of Evidence 408. The purpose of the meeting is to see whether an early resolution of the case, or a narrowing or prioritizing of the contested issues can occur before any scheduling order is prepared by the parties. No position papers or other briefs should be filed in advance of the meeting, which will last an hour or less. No clients are required to attend, as this is not a settlement conference. Out of town counsel are permitted to appear by phone. Plaintiffs’ counsel shall call Judge Durkin’s courtroom deputy, Emily Wall, after summons has been executed in order to begin discussions about the scheduling of this meeting. No answer to the complaint is required until after this meeting, which is intended to minimize the costs of this uniquely expensive kind of litigation. This procedure does not apply to to design patent cases.


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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