Every patent litigator knows the importance of following the Federal Rules of Civil Procedure. But a judge’s individual preferences — particularly when published as mandates on the court’s website — carry just as much...more
4/14/2026
/ Case Management ,
Dispute Resolution ,
Federal Rules of Civil Procedure ,
Judicial Authority ,
Legal Project Management ,
Litigation Strategies ,
Local Rules ,
Motion to Dismiss ,
New Jersey ,
Patent Litigation ,
Scheduling Orders
Key Points -
• District of New Jersey permits direct patent infringement claims to proceed based on adequately pleaded allegations involving a “class” of accused software products, without element by element detail.
•...more
4/10/2026
/ Contributory Infringement ,
Direct Infringement ,
Dismissal With Prejudice ,
Indirect Infringement ,
Induced Infringement ,
Motion to Dismiss ,
New Jersey ,
Patent Infringement ,
Patent Litigation ,
Pleading Standards ,
Software ,
Software Patents ,
Willful Infringement
When a court denies a motion for alternative service on a foreign defendant, the answer is not to give up but to come back with better facts. And when building that factual record, few things are more persuasive than showing...more
4/2/2026
/ China ,
Declaratory Judgments ,
Due Process ,
Email ,
Federal Rules of Civil Procedure ,
Foreign Defendants ,
Hague Convention ,
Intellectual Property Litigation ,
International Litigation ,
Jurisdiction ,
Litigation Strategies ,
New Jersey ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Proof of Service ,
Service of Process ,
Websites
A Key Expectation-
A recent text order from U.S. Magistrate Judge Leda D. Wettre is a pointed reminder to patent litigants in the District of New Jersey that an unresolved dispute over the terms of a discovery...more
3/17/2026
/ Confidential Information ,
Confidentiality Agreements ,
Discovery ,
Discovery Disputes ,
Food and Drug Administration (FDA) ,
Litigation Strategies ,
Meet and Confer ,
New Jersey ,
Patent Litigation ,
Patent Prosecution ,
Scheduling Orders ,
Time Extensions
Disclose Theories at the Outset-
A recent decision by U.S. Magistrate Judge Jessica S. Allen underscores the importance of developing and disclosing theories relating to patent invalidity and infringement at the outset of...more
3/10/2026
/ Best Practices ,
Claim Construction ,
Disclosure Requirements ,
Federal Court Litigation ,
Indefiniteness ,
Litigation Strategies ,
Markman Hearing ,
Motion to Amend ,
New Jersey ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Section 112 ,
Summary Judgment
In a federal patent dispute in New Jersey, does a scheduling order that imposes a deadline to “Amend Infringement Contentions” also include amendment of a party’s disclosure of asserted claims? U.S. Magistrate Judge Stacey D....more
2/24/2026
/ Disclosure Requirements ,
Federal Court Litigation ,
Intellectual Property Litigation ,
Litigation Strategies ,
Motion to Amend ,
Motion To Strike ,
New Jersey ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Scheduling Orders ,
Statutory Interpretation
Discovery is a two-way street. In any litigation, parties are entitled to discover relevant information related to any party’s claims or defenses. This is particularly important in patent litigation where discovery often...more
2/18/2026
/ Confidential Information ,
Confidentiality Agreements ,
Corporate Counsel ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Document Review ,
Intellectual Property Litigation ,
Litigation Strategies ,
Patent Litigation ,
Protective Orders ,
Special Master
When does an expert report merely clarify a previously disclosed theory, and when does it cross the line into providing an impermissible new one?
In two January 2026 opinions in Jazz Pharmaceuticals v. Lupin, U.S....more
2/10/2026
/ Disclosure Requirements ,
Expert Testimony ,
Federal Court Litigation ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Litigation Strategies ,
Motion To Strike ,
New Jersey ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Prior Art
A Reminder on Sealing Rules-
Parties often wish to prevent public disclosure of sensitive business and proprietary information that can become the subject of litigation, especially in patent cases. A recent decision from...more
2/3/2026
/ Best Practices ,
Claim Construction ,
Confidential Information ,
Corporate Counsel ,
Federal Rules of Civil Procedure ,
Intellectual Property Litigation ,
Litigation Strategies ,
Motion To Seal ,
New Jersey ,
Patent Litigation ,
Public Access Laws ,
Sealed Records