Patent Litigation in the Wake of the Coronavirus

It seems that everything imaginable is being impacted by the widespread Coronavirus – and patent litigation is no exception. Access to the federal courts and the United States Patent and Trademark Office (USPTO) has been limited in an effort to contain the spread of the virus.

This means postponed trials and hearings, remote depositions, and an overall restructure of how these cases will proceed. According to Bloomberg Law, a San Diego Federal Judge called a mistrial on a patent case because of the virus. And courts throughout the country are facing the same decisions. The U.S. Court of Appeals for the Federal Circuit canceled all in-person arguments for the month of April, and those arguments will instead be conducted by telephone conference.

As the world continues to try and stop the spread of the virus by staying home, the courtroom will likely become inundated as new cases pile up alongside the current cases that cannot be decided.


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