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New District of New Jersey Local Patent Rules Require Early Action in Pharmaceutical Patent Cases

January 07, 2009

By Joseph M. O'Malley, Bruce M. Wexler and Anthony Michael

The District Court of New Jersey approved Local Civil Rule 9.3 on December 23, 2008, which will take effect on January 1, 2009. L. Civ. R. 9.3 establishes twenty-two local patent rules that implement a standard protocol for patent litigation cases in the District of New Jersey. The local patent rules were based on the local rules of the Northern District of California but were modified to adapt to the practices and procedures of the District of New Jersey, such as the role of Magistrate Judges in the District of New Jersey and the use of a discovery confidentiality order.