@article{42076,
      author = {Menell, Peter S. and Pasahow, Lynn H. and Pooley, James H.  A. and Powers, Matthew D.},
      url = {http://tind.wipo.int/record/42076},
      title = {Patent Case Management Judicial Guide},
      abstract = {As the number, size, and complexity of patent cases have  grown throughout the United States over the past several  decades - paralleling expansion in the role of high  technology enterprises in the U.S. economy - the need for a  comprehensive, user-friendly, and practical judicial guide  for managing patent cases has become increasingly apparent.  Although similar in many respects to other forms of complex  civil litigation, patent cases pose distinctive case  management challenges. Patent cases feature complex and  dynamic technological facts to a degree rarely encountered  in most other areas of litigation. Furthermore, they employ  unique procedures (such as claim construction hearings)  that affect and interact with other aspects of the case  (such as summary judgment motions and expert reports) in  ways that create unusual scheduling and substantive  complexity. In addition, patent cases often entail  distinctive and difficult discovery issues, extensive use  of experts, and particularly complex dispositive and  pre-trial motion practice.  Because of the decentralized,  general jurisdiction structure of federal courts in the  United States, much of the experience relating to managing  patent cases is silo-ed in particular judicial chambers. As  one jurist aptly noted, best practices for patent case  management have been transmitted largely through word of  mouth. Given the crowded, diverse dockets of federal  courts, the accessibility and reliability of such knowledge  is far from ideal. Judges in some districts have partially  codified recommended practices in the form of Patent Local  Rules, standing orders, and patent jury instructions, but  these documents do not address the full range of  distinctive challenges posed by patent litigation.  Furthermore, such judicial wisdom continues to evolve.   Recognizing these patterns, the authors undertook in 2006  to survey the range of approaches and perspectives on  patent case management, foster discussion and analysis of  patent case management techniques, and develop an  authoritative guide for judges, law clerks, practitioners,  and patent and civil procedure professors and scholars.  Given the dynamism of the patent system and patent  litigation, the authors plan to revise the Guide on a  biennial basis.},
      recid = {42076},
      pages = {650 pages},
}