New Local Rules for Patent Suits in Massachusetts
November 24, 2008
The U.S. District Court in Massachusetts has now enacted the new local rules for patent cases in the District. A copy of the notice dated November 24, 2008, with the new rules is attached.
On November 24, 2008, the U.S. District Court in Massachusetts issued a notice enacting new local rules adopted by the Court for patent cases in this District. The Court has officially adopted the proposed rules that were circulated for public comment earlier this Fall. A copy of the new rules is included with the Notice (Click "More" at the bottom of the page for a copy of the Notice).
These new rules will have a significant impact on how patent cases are litigated in Massachusetts. In particular, the new rules require very early explanation of the factual and legal basis for the parties' contentions regarding both infringement/non-infringement and invalidity. The parties must also exchange all documents relating to the infringement and validity contentions at an early stage of the litigation. Claim construction proceedings will follow very quickly. This will dramatically accelerate the pace of patent litigation in Massachusetts during the first 6-12 months of the case, resulting in a significant burden and expense on both plaintiffs and defendants.
Please contact William A. Scofield, Jr., chair of Lahive’s Litigation group at 617.994.0755 or wscofield@lahive.com.
