On Wednesday, November 3, 2021, the White House introduced President Biden’s nomination of Choose Leonard P. Stark (U.S. District Courtroom for the District of Delaware) to the U.S. Court of Appeals for the Federal Circuit. If accredited, Decide Stark will thrive Choose Kathleen M. O’Malley, who a short while ago announced that she will retire in March 2022.
Decide Stark has served as a U.S. District Court docket Choose considering that 2010 and held the position of Chief Decide for the District of Delaware from July 2014 to June 2021. Judge Stark presided more than additional than 2500 patent scenarios through his job. He oversaw a important inflow of more than 1000 patent circumstances to Delaware due to the fact the U.S. Supreme Court’s 2017 Choice in TC Heartland LLC v. Kraft Foodstuff Group Makes LLC that limited venue in patent circumstances to jurisdictions exactly where defendants reside or have a common and proven spot of organization. The TC Heartland decision resulted in a considerable shift in scenarios from the Jap District of Texas to jurisdictions these as the District of Delaware, in which a lot of providers are integrated, and the Northern District of California, exactly where several providers are positioned. In an fascinating twist, Choose Stark presided in excess of the initial TC Heartland case that sooner or later identified its way to the Supreme Court.
In addition to the TC Heartland case, Decide Stark has dealt with many crucial circumstances as they worked their way by way of the court technique. For case in point, in American Axle Mfg., Inc v. Neapco Holdings LLC, Decide Stark discovered an American Axle patent masking a method of production a car or truck component invalid less than 35 U.S.C. § 101 due to the fact it claims a regulation of nature. The Federal Circuit upheld his ruling and that situation is now at the Supreme Courtroom.
Judge Stark is also regarded for staying inventive in his tactic to patent cases, including initiating novel “Section 101 Days” where by he and other judges have heard arguments relating to patent eligibility less than 35 U.S.C. § 101 on a number of cases at the exact same time.
In addition to his District Court obligations, Choose Stark has sat by designation on the two the Third Circuit and the Federal Circuit. At the Federal Circuit, he participated in the original In re: Aqua Solutions, Inc. decision.
© Copyright 2021 Squire Patton Boggs (US) LLPNationwide Law Critique, Quantity XI, Variety 314