Patent Bar Gives Proposed Local Rule Positive Reviews

The District of Massachusetts recently released proposed rule changes to the local patent rules, which would feature a two-year timeline for the scheduling of trials over the infringement, validity, or enforceability of patents. The changes are believed to make the District of Massachusetts a more attractive venue for companies looking for a faster and more efficient resolution. Massachusetts Lawyers Weekly reached to Finnegan partner Linda Thayer for her thoughts on the proposed changes. 

Linda said, "Companies are concerned with the cost of patent litigation. The longer a case takes to completion, the more it drives up costs." In reference to the proposed two-year timeline to trial, she said, "Plaintiffs want a faster forum because they think it helps drive defendants to settlement, but defendants want a faster forum because they don’t want a lawsuit hanging over their heads for years on end."

Linda noted that some of her tech clients have an issue with the proposed timelines for the mandatory disclosures by defendants. There is concern the rule places a disproportionate burden of responsibility on defendants, particularly given the expectation that there will be frequent disputes as to the sufficiency of the plaintiff’s disclosures. She noted that under the proposed rules, defendants do not have the same luxury that plaintiffs have to take years to prepare for making mandatory disclosures in advance of filing a complaint. "Sometimes defendants are hearing about [the claims against them] for the first time when the complaint is filed, yet defendants are required to give their initial disclosures 42 days after the plaintiff’s disclosures." She suggests more flexibility if a plaintiff needs to supplement its disclosures. She said, "You could toll defendant’s requirement to produce those documents until plaintiff provides sufficient infringement
contention."