United States District Court for the District of Delaware and Rio de Janeiro (Brazil) State Court

The United States District Court for the District of Delaware (D. Del.) is a key venue for patent litigation in the federal judiciary, located in Wilmington, Delaware, and operating within the Third Circuit. It consistently ranks among the busiest district courts for patent filings nationally, often holding the second position after the Western District of Texas. The District of Delaware is particularly dominant in Hatch-Waxman (ANDA) patent cases, handling a majority of such filings nationwide.

The court's patent docket is characterized by judicial sophistication and procedural rigor. While its reputation has evolved since the TC Heartland decision, its value now primarily stems from docket reliability and a mature body of patent-specific precedent, rather than any perceived tilt toward either party. Cases typically move efficiently, with claim construction often occurring within 12-18 months and trials within two to three years of filing, though median time-to-trial for jury cases can be around 40-45 months. The court also saw the most patent jury trials in the nation in 2022. Judges may vary in their approach to transfer motions, particularly regarding the weight given to a plaintiff's choice of forum when the plaintiff is not physically located in Delaware.

The District of Delaware does not have specific local patent rules, preferring instead to utilize general local rules, a Default Standard for Discovery, and individual judge's standing orders for patent cases. These judge-specific orders outline procedures for aspects like claim construction and discovery. Chief Judge Colm F. Connolly, for example, has a notable disclosure program requiring litigants to identify the real parties in interest. The court also demonstrates a willingness to resolve patent eligibility challenges under 35 U.S.C. § 101 early in the litigation process.

A significant trend in the court's patent docket was the shift of filings from the Eastern District of Texas to Delaware following the Supreme Court's 2017 TC Heartland decision, which limited venue to a defendant's state of incorporation. As many major U.S. companies are incorporated in Delaware, this significantly increased its caseload. While the tracked case of Nokia Technologies Oy v. Paramount (filed 2025-08-22) remains ongoing, general trends include a rise in stays pending inter partes reviews (IPRs) and increased transparency requirements leading to a decline in certain non-practicing entity (NPE) filings.

Prominent judges frequently associated with the patent docket include Chief Judge Colm F. Connolly, Judge Richard G. Andrews, Judge Maryellen Noreika, Judge Jennifer L. Hall, and Judge Gregory B. Williams. Magistrate judges, such as Christopher J. Burke, Sherry R. Fallon, Laura D. Hatcher, and Eleanor G. Tennyson, also play a crucial role by handling discovery and claim construction referrals. Judge Leonard P. Stark, who previously oversaw many patent cases, was elevated to the Federal Circuit in 2022.