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New Rules in the N.D. of California Seek to Accomplish More Efficient Patent Trials, with the Help of KSR.

Article Excerpt
Patent litigants, patent rocket dockets, and entities seeking a more streamlined patent litigation should take notice of the U.S. District Court for the Northern District of California's recent modification of its patent trial rules. Much is at stake in choosing where to file a multimillion-dollar patent litigation. Salient factors in selecting a forum include the court's docket backlog and its perception of patents. Now, the local rules are playing a much more prominent role and should be analyzed lest a patent party be beset with frustration and major setbacks. Here, the Northern District of California's recent actions in revising its local rules demand scrutiny by in-house and outside counsel in formulating a patent litigation strategy.

The local patent trial rules of the Northern District of California have been a model for a handful of other jurisdictions seeking to impose similar efficient practices. With new rules effective to patent cases filed after March 1, 2008, the jurisdiction has ushered in a handful of requirements which seek to promote economy and efficiency within the patent trial system and which may be the new template for change in other jurisdictions.

In devising the new rules, the Patent Local Rules Advisory Subcommittee...