Robert W. Gettleman

Judge Robert W. Gettleman: Patent Litigation Profile

Overview: Judge Robert W. Gettleman is a senior United States District Judge in the Northern District of Illinois. Nominated by President Bill Clinton, he joined the court on October 11, 1994, and assumed senior status on May 5, 2009. Prior to his appointment, Judge Gettleman was a partner at the Chicago firm of D'Ancona & Pflaum from 1974 to 1994, where he started as an associate in 1970. His earlier experience includes serving as a law clerk for Judges Latham Castle and Luther Swygert of the U.S. Court of Appeals for the Seventh Circuit. He earned his J.D. from Northwestern University School of Law and his undergraduate degree from Boston University.

Patent Docket: As a senior judge, Judge Gettleman maintains a reduced caseload. While detailed statistics on the volume of his patent docket are not readily available, filings show he handles various types of patent disputes, including cases involving design patents and infringement claims brought by non-practicing entities. One such case involved Rothschild Patent Imaging LLC, a frequent filer of patent lawsuits. In a 2014 design patent case, Young v. Anne Stone, Inc., Judge Gettleman conducted claim construction and compared the patented design to the accused product before granting summary judgment of non-infringement based on the "ordinary observer" test.

Notable Rulings and Trends: On April 6, 2026, Judge Gettleman issued a standing order applicable to all "Schedule A" cases, which often involve numerous defendants accused of patent, trademark, or copyright infringement. This order requires plaintiffs to file a memorandum within two weeks of filing, demonstrating proper joinder under Federal Rule of Civil Procedure 20 and establishing personal jurisdiction over each defendant. The order explicitly references recent Seventh Circuit precedent, highlighting the court's scrutiny of personal jurisdiction over online retailers in such mass-defendant cases. This indicates a proactive approach to managing a type of litigation that has become common in intellectual property.

Local Rules and Procedures: Patent cases before Judge Gettleman are governed by the Northern District of Illinois's comprehensive Local Patent Rules (LPRs), which provide a structured framework for claim construction and discovery. The district's rules mandate early disclosure of infringement and invalidity contentions and set a specific schedule for claim construction proceedings. Parties proceed with fact discovery, which is halted one week before the opening claim construction brief is due. After the court's Markman ruling, parties may move for a second phase of discovery if needed. Judge Gettleman's personal case management procedures require parties to confer and file a joint status report approximately 60 days after a complaint is filed. He also requires physical courtesy copies for briefs that include exhibits. Discovery disputes are strongly discouraged, with an expectation that counsel will resolve them before involving the court.