District of Delaware, U.S. Court of Appeals for the Federal Circuit (CAFC)

The U.S. District Court for the District of Delaware (D. Del.) is a federal trial court located in Wilmington, Delaware. Established in 1789, it operates within the Third Circuit, though appeals in patent cases are heard by the U.S. Court of Appeals for the Federal Circuit (CAFC). Due to Delaware's status as the state of incorporation for a majority of major U.S. corporations, the District of Delaware consistently maintains one of the largest and busiest patent dockets in the country. In 2023, it recorded 427 patent cases, making it the third largest by volume nationally, and it remains the top district for Abbreviated New Drug Application (ANDA) cases, with 154 filings in 2023. In 2022, the court had 798 open patent cases, representing 46% of its full docket.

Delaware is often characterized by its judicial sophistication and docket reliability rather than a perceived tilt towards either plaintiffs or defendants, a shift influenced by the Supreme Court's 2017 TC Heartland decision which limited patent venue. While not considered a "rocket docket" in the same vein as some other districts, Delaware cases typically reach claim construction within 12 to 18 months and proceed to trial within two to three years. The court's experienced bench tends to prefer cases to proceed to full bench trials in pharmaceutical cases, where the court can evaluate technical merits and witness credibility in detail, rather than granting summary judgment. The approach to transfer motions can vary by judge, with some judges giving paramount weight to the plaintiff's choice of forum regardless of the plaintiff's physical location in Delaware, while others give it reduced weight if the plaintiff lacks a physical presence in the state.

Unlike some other districts, the District of Delaware does not have a comprehensive set of standalone Local Patent Rules. Instead, patent litigation procedures are primarily governed by judge-specific standing orders and the court's "Default Standard for Discovery." Chief Judge Colm F. Connolly, for instance, issued new standing orders in 2022 that require disclosure of third-party litigation funding arrangements and changes to Rule 7.1 disclosure statements, which can influence filing trends. These orders apply to all cases assigned to him and emphasize early case preparation, with strict requirements for amending contentions. Proposed revisions to the local rules in February 2026 include requirements for patent cases such as attaching re-examination certificates and requiring the "Supplemental Information for Patent Cases Involving an Abbreviated New Drug Application (ANDA)" form for Hatch-Waxman cases.

Among the notable tracked cases, Realtime Data LLC v. Array Networks Inc. et al. saw a dismissal affirmed on appeal, and Realtime Data LLC v. Reduxio Systems, Inc. et al. resulted in a judgment affirmed with a petition denied in 2017. Recent rulings also highlight the court's scrutiny of expert damages testimony in patent cases, reinforcing that such opinions must be grounded in actual facts. For instance, in The Nielsen Co. (US), LLC v. TVision Insights, Inc., the court excluded portions of damages opinions that were not sufficiently supported by evidence.

The District of Delaware's active bench for patent cases includes Chief Judge Colm F. Connolly, Judge Richard G. Andrews, Judge Maryellen Noreika, Judge Gregory B. Williams, and Judge Jennifer L. Hall, along with Magistrate Judges Christopher J. Burke, Sherry R. Fallon, and Laura D. Hatcher. These judges are assisted by magistrate judges who handle claim construction and discovery referrals. Judge Leonard P. Stark, a former leader of the district's patent docket, was elevated to the Federal Circuit in 2022.