District Court, D. Delaware

The District Court, D. Delaware, part of the Third Circuit, is located in Wilmington, Delaware. It is a prominent venue for patent litigation, consistently ranking among the busiest patent courts in the United States. In 2022, the court received 668 new patent filings, accounting for 17% of all patent cases nationwide, making it the second busiest patent court after the Western District of Texas. The District of Delaware is particularly dominant in Hatch-Waxman (ANDA) patent cases, handling 63% of such cases nationwide in 2022. Patent cases constituted 40% of the court's civil caseload in 2022.

The District of Delaware has a reputation for judicial sophistication, docket reliability, and a mature body of patent-specific precedent. While not a "rocket docket" in the sense of extremely rapid trials, cases typically reach claim construction within 12 to 18 months of filing and proceed to trial within two to three years, indicating a serious approach to docket management. The court's track record on transfer motions has shown varying outcomes; while a plaintiff's choice of forum generally receives deference, the court considers factors such as the plaintiff's connection to Delaware and the convenience of parties and witnesses. The court is also known for its willingness to resolve patent eligibility challenges under 35 U.S.C. § 101 at the pleading stage in appropriate cases, offering an efficient path to resolution for defendants.

Unlike many other district courts, the District of Delaware does not have a uniform set of standalone "Patent Local Rules." Instead, patent litigation is governed by the court's general local rules, its "Default Standard for Discovery," and the individual practices and standing orders of its judges. For example, Chief Judge Colm F. Connolly issued standing orders in 2022 requiring disclosure of litigation funding and corporate ownership in his patent cases, which may have contributed to a temporary decline in filings. Judges often incorporate deadlines from the Delaware Default Standard into their scheduling orders for initial patent disclosures and contentions. There are also specific rules regarding attaching patents to complaints (Local Rule 3.2) and the format of joint claim construction charts, as exemplified by Judge Noreika's standing order.

A prominent tracked case in this court is Veloxis Pharmaceuticals, Inc. v. Sun Pharmaceutical Industries Ltd., which is scheduled to start trial on 2024-06-19. Other notable rulings and trends include the court's increased scrutiny of the factual basis for damages opinions in patent cases, as seen in recent opinions like The Nielsen Co. (US), LLC v. TVision Insights, Inc. The court also led the nation in the number of patent jury trials in 2022, with 13 trials reaching a verdict. One significant verdict in 2022 was in Complete Genomics, Inc. v. Illumina, Inc., where a jury awarded Complete Genomics $333.8 million in damages for willful infringement of DNA sequencing patents.

The active patent judges frequently associated with the District of Delaware's patent docket include Chief Judge Colm F. Connolly, Judge Richard G. Andrews, Judge Maryellen Noreika, and Judge Gregory B. Williams. These judges are recognized for their extensive experience and knowledge in patent law, having presided over numerous patent trials and claim construction proceedings. Judge Leonard P. Stark was formerly a leading patent judge in the district before his elevation to the Federal Circuit in 2022. Magistrate judges also play a role, often handling claim construction and discovery matters on referral.