Court / venue

D. Del. (Judge Gregory M. Sleet)

1 tracked case.

Court overview

I'll verify the court's profile and the tracked case details with web research.

Let me verify a few more specifics: current D. Del. patent bench, transfer practice, and the related Helsinn decision.

U.S. District Court for the District of Delaware — Patent Litigation Profile

Court overview. The United States District Court for the District of Delaware sits in Wilmington (J. Caleb Boggs Federal Building, 844 N. King St.) and is part of the Third Circuit, with appeals in patent cases going to the Federal Circuit. It is a small court with an outsized docket: the Delaware Bar Foundation's Delaware Lawyer (2025) describes five Article III judgeships, with one judge on senior status, plus four magistrate judges, and the court has relied heavily on visiting judges from Pennsylvania since the 2017 vacancies and continuing through the present. IP cases have accounted for roughly 42% of the court's civil filings in recent years (Delaware Bar Foundation, 2023 data). RPX's 2024 data byte ranked D. Del. second nationally for overall patent litigation (266 defendants added, ~19% of the total) and first for operating-company (competitor) litigation; Lex Machina reported that over 2020–2023 more than half of all U.S. patent cases landed in just W.D. Tex., E.D. Tex. and D. Del. Practitioner reporting from the 2025 Delaware Bench & Bar conference states patent filings in the district were up about 22% that year and that the court was the busiest district court in the country in 2024 per the Administrative Office report.

Docket reputation. Delaware is best described as steady and predictable rather than a "rocket docket." Practitioner analysis (Greenberg Traurig's Big Law Redefined transcript) puts average time to trial in competitor cases at roughly 37 months — faster than N.D. Cal. but about a year slower than the Texas districts — while emphasizing that final disposition is comparatively slow, because early case-dispositive exits are rare. The same analysis reports one of the highest summary-judgment denial rates among patent-heavy districts, and that leave to file early summary judgment is granted only about 20% of the time. On transfer practice, D. Del. has a long-standing reputation — noted in academic literature (American University law review articles on § 1404(a)) and practitioner commentary — as a district where transfer motions are relatively hard to win, particularly post-TC Heartland, given the large number of entities incorporated in Delaware. I could not verify a specific, current Lex Machina or Unified Patents grant-rate figure for § 1404(a) motions in D. Del.; treat that reputation as directional, not quantified here. Trials in ANDA cases are typically bench trials, and Delaware judges have historically shown reluctance to resolve complex pharma validity disputes on summary judgment; competitor-side patent cases frequently go to juries.

Local rules and procedures. Delaware has no district-wide patent local rules — a key contrast with E.D. Tex. (Pat. L.R. 3-1 et seq.) and W.D. Tex.'s standing order. Instead, the court maintains a Default Standard for Discovery, which sets early milestones (identification of accused products and asserted patents, core technical document production, initial infringement and invalidity contentions), and individual judges incorporate those deadlines into form scheduling orders with heavy case-specific modification (DLA Piper, June 2026; Practical Law; Zaxcom v. Rode Microphones scheduling order, D. Del. 2024). Claim construction is typically scheduled to run concurrently with fact discovery, with Markman opinions often issued before the close of fact discovery, and Delaware judges frequently decline to accept bare "plain and ordinary meaning" constructions, pushing parties to articulate scope precisely. Several judges (Andrews, Connolly, Noreika and others) use a joint, term-by-term claim construction brief and bar live testimony at the Markman hearing, generally capped at three hours of argument. Chief Judge Connolly's 2022 standing orders requiring disclosure of third-party litigation funding and related-party information are the most distinctive recent procedural development and are widely credited with depressing NPE filings in the district (RPX, Lex Machina commentary, Sheppard Mullin). Some judges also require parties to rank summary judgment motions, with denial of the top-ranked motion resulting in denial of all lower-ranked ones (Delaware IP blog, ipde.com).

Notable tracked case and rulings. The single tracked action, Helsinn Healthcare S.A. v. Fresenius Kabi USA, LLC (C.A. No. 1:15-cv-00918, D. Del.), was an ANDA suit filed October 13, 2015 against Fresenius Kabi over palonosetron (Aloxi) patents — U.S. Patent Nos. 7,947,724, 8,518,981, 8,598,218, 9,066,980 and 9,125,905 — assigned to Judge Sleet and terminated by voluntary dismissal without prejudice on December 2, 2015 (DrugPatentWatch docket records). It was one of a series of parallel Hatch-Waxman actions Helsinn filed on the same family. The district's more consequential Helsinn matter — a separate docket against Teva and Dr. Reddy's — produced the district court ruling on the post-AIA on-sale bar, which the Federal Circuit reversed in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 855 F.3d 1356 (Fed. Cir. 2017), and which the Supreme Court affirmed in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. 731 (2019), holding that a confidential commercial sale can trigger the on-sale bar. That line of cases is the district's most cited contribution to modern patent law.

Judges. Judge Gregory M. Sleet (ret.) presided over the tracked case. He served from 1998 to 2018, was Chief Judge from 2007 to 2014, handled an exceptionally heavy ANDA and technology docket, took senior status in May 2017 and retired in fall 2018 (Morris Nichols client alerts; JAMS announcement). He is now in private ADR practice. The current patent bench is dominated by: Chief Judge Colm F. Connolly (appointed 2018; litigation-funding orders; good-cause standard for amending contentions), Judge Maryellen Noreika (appointed 2018; a large ANDA caseload), Judge Richard G. Andrews (now on senior status and, per the 2025 Bench & Bar notes, no longer taking patent cases), and Judge Gregory B. Williams, with Judge Jennifer L. Hall also handling a substantial patent docket. Judge Leonard P. Stark, long a leading patent voice in the district, left the bench for the Federal Circuit in 2022. Consistent with the court's practice, each of these judges regulates patent procedure through individual standing orders and form scheduling orders rather than a uniform set of patent rules, so outcomes on timing and contentions can vary meaningfully by assignment.

Judges

No judge data recorded for the 1 case in this court yet. Cases picked up via the patent-ingest cron sometimes land without a presiding judge; the field fills in when structured docket data arrives.

Cases (1)