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"I would expect Delaware courts to will be very defendant-friendly." The main person dealing with patents as a whole there used to be Judge McElvie, https://en
by DannyBee 9y ago
"I would expect Delaware courts to will be very defendant-friendly."
The main person dealing with patents as a whole there used to be Judge McElvie, https://en.wikipedia.org/wiki/Roderick_R._McKelvie https://en.wikipedia.org/wiki/Roderick_R._McKelvie
(he's retired now). He wrote the model jury instructions for patents, etc
I talked with him a number of times, and he seemed quite reasonable (he pushed folks towards settlement, tried to make sure patent cases had the expertise, in the form of special masters or whatever, that it requires for judges to understand them, etc)
By statistics, Delaware was not "defendant friendly" in patent cases (There are some papers with the numbers i'm too lazy to look up, but google can find them for you)
Can't say how it is now though.
- DannyBee 9y agoFWIW: Recent data i saw tells me D. Del is not actually defendant friendly in patent cases :) https://www.bna.com/rural-texas-judge-n57982086954/ https://www.bna.com/rural-texas-judge-n57982086954/ If it was defendant friendly, they'd grant more summary judgement motions than most courts. They don't. They grant less. The graph difference is that they split the summmary judgement outcome more on both the positive and negative side (IE they grant in part, deny in part). It's hard to say more than that (because people who file in each court may file more types of claims, etc. So outside of the two extremes, which is grant in full or deny in full, it's hard to say whether the outcomes were "right") However, you can see ED Tx is plaintiff friendly by far.