Federal Judicial Center to Publish Patent Case Management Judicial Guide
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The Federal Judicial Center has recently published a draft “Patent Case Management Judicial Guide” which is available on-line. The Patent Case Management Guide is described as a “comprehensive, user-friendly, and practical judicial guide for managing patent cases” that addresses the distinctive case management challenges of patent litigation.
The Guide is primarily intended to be a resource for district judges. Like past Federal Judicial Center publications, such as the Manual for Complex Litigation and the Reference Manual on Scientific Evidence, the Patent Case Management Guide is likely to become widely used by district judges as an authoritative source for best practices for patent case management.
The Patent Case Management Guide includes guidelines on
- preliminary injunctions
- discovery
- claim construction
- summary judgment
- trial management
- ANDA cases
- a “Patent Law Primer” for judges
- patent local rules from the Northern District of California and the District of New Jersey
- Model Patent Jury Instructions from the Northern District of California (2007) and the National Jury Instruction Project (December, 2008).
The Patent Case Management Guide is authored by Professor Peter Menell of the Berkeley Center of Law and Technology, Lynn Pasahow at Fenwick & West LLP, James Pooley at Morrison & Foerster LLP and Matthew Powers at Weil, Gotshal & Manges LLP. The Judicial Advisory Board for the Guide includes district judges from around the country, including Judge Payne of the Eastern District of Virginia, as well as three Federal Circuit Judges.
