As noted on Patently-O and on the Northern District of Californiaââ?¬â?¢s homepage, the court is looking to improve its local patent rules. You can read the pdf version of the current rules here. If you have input, you are very much encouraged to send your thoughts to patentlocalrulescommittee@gmail.com. This is a great opportunity to make real meaningful change. As the Northern District of California hears the most patent cases in the country (or close to the most, sorry I donââ?¬â?¢t have the numbers), it can be a model for district courts around the nation to follow. This likely trend is acknowledged by the Chicago IP Litigation Blog, which points out the N.D. Cal. patent rules ââ?¬Å?serve as a pattern for courts across the country.ââ?¬Â? Currently, Judges Armstrong, Hamilton, and White have standing orders listed on the courtââ?¬â?¢s website specifically labeled for patent cases. They are all substantially similar and all deal with Markman hearings. They should be looked at to gather some ideas on how to amend the local rules. The pdf versions are here: Armstrong, Hamilton, and White. Michael F. Kelleher at the IP Law Observer noted a case that was decided on summary judgment as a result of one of the parties not closely following the Local Patent Rules of N.D. Cal. Although I cannot offer any suggestions on how to improve the local rules, I will quickly offer some principles to consider: Simplicity, Predictability, Fairness, and Cost Sensitivity. The legal community would be much better off if we could all find a way to inject these ideals into our current patent law system. I see no reason why local rules arenââ?¬â?¢t a great place to start! Please send your thoughts to the email above and comment on this blog and others to get the conversation started.

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