Judge Orrick in the Northern District of California recently granted a motion for summary judgment of invalidity for patent-ineligible subject matter under 35 U.S.C. § 101. The court.
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This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their procedures. Courts faced the task of balancing the safety all involved in the case, including court staff, witnesses and lawyers, with concerns over fairness and access to justice.
COVID-19 Procedures by Jurisdiction
District courts with significant patent dockets, such as the U.S. District Courts for the District of Delaware, Northern District of California, Eastern District of Texas and Western District of Texas, all issued COVID-19 governing procedures that followed three basic steps.