Fast track patent litigation: toward more procedural certainty and cost control.

• Author: Sneath, Henry M.

IADC Member Henry M. Sneath is a principal shareholder in the Pittsburgh litigation law firm Picadio Sneath Miller & Norton, P.C. where his trial practice focuses on business and intellectual property disputes, construction and products liability lawsuits, and insurance coverage matters. Additionally, he is a National Board Member of the Defense Research Institute (DRI). Mr. Sneath currently represents a patent homer in the Pennsylvania Western District under the new Local Patent Rules. This article originally appeared in the February, 2006 Business Litigation Committee newsletter.

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In 2005, the United States Patent and Trademark Office (USPTO) office issued 165,485 patents. It received a record 406,302 patent applications. There were also a record number of Trademark applications. These statistics signal that litigation over intellectual property rights will continue to constitute a significant portion of the litigation filed in our federal courts in the next decade. Several federal district courts have enacted procedural rules which are designed to make those districts "patent friendly," facilitating quick and less costly litigation.

Early last year, one of the four districts, the United States District Court for the Western District of Pennsylvania, adopted new Local Patent Rules which govern all Patent cases filed in the district and which may draw, over time, a larger share of the regional and national patent litigation claims than would otherwise have been filed in Pennsylvania. It is perhaps too early to determine whether there will be more patent lawsuits filed in Western Pennsylvania, but it is easy to report on the intent, application, and practical effect of these rules. The rules can be found at the court's website www.pawd.uscourts.gov.

In adopting new Local Patent Rules, the Federal Court in Pittsburgh joins the federal courts in Northern California, Eastern Texas and Northern Georgia in recognizing that patent cases are often very complex and require unique procedures to facilitate cost-effective, just and speedy resolution of such disputes. Patent holders and those seeking declaratory judgment to invalidate patents may find Western Pennsylvania an attractive place to file claims due to the relative procedural certainty that these new rules apply to all cases, and they should perceive a real benefit in how that certainty can help moderate the litigation costs.

The rules are designed to provide a level procedural...