Making Friends With Patent Litigation Counsel In The Districts Of New Jersey And Delaware

Patent cases are among the most complex and high-stakes forms of litigation, often involving technically intricate subject matter, significant financial considerations, and complicated and evolving legal issues. The U.S. District Court for the Districts of New Jersey and Delaware handle a considerable percentage of these cases, particularly for the life sciences industry, and regularly welcome attorneys from across the country via pro hac vice admission. Judges from both districts recently emphasized the value of engaging local counsel from their respective jurisdictions, sharing their perspectives and experiences to show how local counsel can profoundly affect the entire life of a case.

Understanding the Local Rules and Practices

Both the Districts of New Jersey and Delaware maintain local rules governing the management of civil cases, including provisions for patent matters or cases under the Hatch-Waxman Act. Local counsel are familiar with these rules and with the informal practices of their courts, including how the judges in these districts handle confidential information and the appropriate tone for both oral and written arguments. This familiarity enables litigation teams to reduce the risk of procedural missteps and maintain credibility. Indeed, Senior Judge Stanley Chesler of New Jersey recently noted that "[y]our credibility is your biggest asset."

U.S. Magistrate Judge Christopher Burke of Delaware also recently remarked that "[w]e're a small court, but we're also a pretty formal court. There is a lot of language that I think folks outside of the district would typically use in filings that we on the bench would just react really negatively to, and I think [our Delaware lawyers] get that stuff out of there." And Judge Chesler — with U.S. Magistrate Judge Tonianne Bongiovanni concurring — noted that he had been "appalled at how uncivilized civil practice was" when he joined the bench.

Judges' Preferences and Courtroom Culture

Patent litigation in these districts proceeds before experienced federal judges, each with their own approach to case management. Many local counsel regularly appear before these judges and court staff, representing both patentees and accused infringers. In addition to their familiarity with specific rules and preferences, Delaware and New Jersey counsel understand the culture of their courtrooms, including (i) how opposing counsel approach discovery or hearings, (ii) how judges prefer arguments to be presented, and (iii) what is expected during hearings and conferences. Such insights can streamline proceedings and help national counsel avoid missteps.

Mandates by the Courts and Efficiency

Judges in the District of New Jersey strongly encourage litigants to engage locally admitted counsel, while the District of Delaware requires it. These preferences reflect the courts' trust that their admitted attorneys can effectively and efficiently navigate local procedures and represent clients.

Although engaging a team with counsel admitted in New Jersey or Delaware may appear to increase expenses, working with lawyers experienced in the district of choice is key to providing efficient representation throughout the litigation. This approach should instead reduce both financial and procedural costs by avoiding unnecessary delays and miscommunications with the court and opposing counsel.

The Best Way to Make Friends

Building lasting professional relationships is essential for successful patent litigation practice in any jurisdiction, and we have been fortunate to establish strong connections in jurisdictions across the world. In the key jurisdictions for life sciences patent cases, our firm has Chad Stover (bio) and Mike Zogby (bio) who offer decades of dedicated life sciences litigation experience in their respective home districts of Delaware and New Jersey, providing invaluable local knowledge and enhancing our clients' representation.

Conclusion

Patent litigation in the Districts of New Jersey and Delaware presents unique challenges and opportunities. Local counsel are not simply gatekeepers for national firms — they are strategic partners whose expertise with local rules, customs and relationships can directly impact case outcomes. The involvement of local counsel is critical to ensure that clients are well-served.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.