Washington, DC principal Blair Jacobs was quoted by Law360 in relation to the transition underway at the District of Delaware as Judge Leonard Stark joins the Federal Circuit.
Commenting on the time it typically takes for a case to reach trial in Delaware, and whether that might mean more filings in other busy patent jurisdictions, he said, “I think most people believe that Delaware will do the best that they possibly can not to let their target trial dates extend significantly, because that will have a pretty big chilling impact on people who are looking to find somewhere to file.”
Sharing his thoughts about potential nominees to replace Judge Stark and the relative urgency, Blair said, “You have Sen. Coons from Delaware, you have President Biden from Delaware, so I think they'll emphasize finding a nominee who can get through the very process quickly. They won't want a significant backlog to develop; that will be important for them.”
With respect to Delaware judges’ patent experience and the state’s appeal as a patent venue, Blair said, “You don't even get to the venue analysis if you're incorporated there. That's why I think most people believe it's a solid landing spot.”
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