The District of Delaware is the second-most popular venue for patent litigation. More than one million entities consider Delaware their legal home, due to how easy and inexpensive it is to incorporate there. However, Delaware judges are anything but easy to get over on. Law360 reached to Finnegan partner Laura P. Masurovsky for her thoughts on the culture of IP litigation in Delaware.
Masurovsky said, "The focus in Delaware seems to be on giving you a little more personalized attention. It’s beneficial that the bar there has that bankruptcy, corporate and securities law knowledge base, because there are important economic and business issues at play in IP cases." She went on to say, "You don’t shoot first and ask questions later when you’re in Delaware. They’ll see right through that and you’ll risk losing summarily and maybe even being exposed to fees."
