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Litigating Under Patent Local Rules: Avoiding the Pitfalls

On February 10, 2015 by Schnader

Fourteen years ago, the Northern District of California began using a special set of local rules to govern pretrial proceedings in patent cases. Thirty-one districts around the country have now adopted variants of the Northern District’s Patent Local Rules, and judges in other jurisdictions, such as the Central District of California, issued standing orders adopting the scheduling and disclosure requirements of the Patent Local Rules or regularly incorporate those requirements into Rule 16 scheduling orders. Litigating under the rules can be challenging, with most courts adopting a strict approach to pre-trial disclosures differing significantly from how other civil disputes are handled under the Federal Rules of Civil Procedure.

In “Litigating Under Patent Local Rules: Avoiding the Pitfalls,” written for BNA – Patent Trademark & Copyright Law Daily, partner Michael Carlson explores the potential pitfalls of practicing under Patent Local Rules; the necessary steps for preparing for and complying with Patent Local Rules; and major variations in the terms as adopted among the districts.