Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

District of Delaware Update

By Arthur G. Connolly III of Connolly Gallagher LLP on June 28, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

Last August, two new judges joined the United States District Court for the District of Delaware, Judge Colm F. Connolly and Judge Maryellen Noreika.  Judge Connolly filled the seat previously held by Judge Sue L. Robinson and Judge Noreika filled the seat previously held by Judge Gregory M. Sleet.  In recent months, both Judge Connolly and Judge Noreika have each adopted new procedures for dealing with case dispositive motions.

Judge Connolly has adopted two form scheduling orders for patent cases, one for cases in which infringement is alleged and one for cases in which only invalidity and not infringement is alleged.  Both form scheduling orders permit case dispositive motions after discovery has closed and follow the practice in the District of Delaware which prohibits early case dispositive motions absent leave of the Court.  Judge Connolly requires that any motion for summary judgment be accompanied by a separate concise statement detailing each material fact as to which the moving party contends that there are no genuine issues to be tried that are essential for the Court’s determination of the summary judgment motion (not the entire case).  Any party who opposes the motion is required to file with its opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party’s concise statement, as well as sets forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated. 

The Local Rules for the District of Delaware generally impose page limits on briefing and requires that briefs and motions be in at least 12-point font.  However, Judge Connolly has implemented separate word count limits for purposes of case dispositive briefing which set limits for a combined total for opening (10,000 words regardless of the number of case dispositive motions filed), answering (10,000 words) and reply (5,000 words) briefs.  Those limits are increased slightly if a Daubert motion is filed in addition to a case dispositive motion or motions.  For Judge Connolly’s matters, case dispositive briefs and concise statements of fact must be in 14-point font.

Judge Noreika has adopted two form scheduling orders for patent cases, one for ANDA cases, and one for Non-ANDA cases.  Judge Noreika does not allow case dispositive motions in ANDA cases.  For non-ANDA cases, Judge Noreika permits such motions after the close of discovery.  Any motion for summary judgment must be accompanied by a separate concise statement, not to exceed 6 pages, which details each material fact which the moving party contends is essential for the Court’s resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed 6 pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing the motion may also, but is not required to, include with its opposing papers a separate concise statement, not to exceed 4 pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried. The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed 4 pages, on a paragraph-by-paragraph basis.

Judge Noreika imposes combined total page limits for all opening (40 pages), answering (40 pages) and reply (20 pages) briefs, which are increased slightly if a Daubert motion is filed along with the dispositive motion or motions.   Judge Noreika requires that the parties work together to ensure that the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered in a particular scheduling order and any other scheduling order entered in any related case that is proceeding on a consolidated or coordinated pretrial schedule.  The objective of this limitation appears to be to prevent multiple briefs from multiple parties in consolidated or coordinated cases.


Connect with Arthur on LinkedIn.

Photo of Arthur G. Connolly III of Connolly Gallagher LLP Arthur G. Connolly III of Connolly Gallagher LLP

Arthur G. (Chip) Connolly, III is a founding partner of Connolly Gallagher, LLP. He is the former managing partner of Connolly Bove Lodge & Hutz LLP, where he started his career in 1989 after serving a judicial clerkship with the Delaware Court of…

Arthur G. (Chip) Connolly, III is a founding partner of Connolly Gallagher, LLP. He is the former managing partner of Connolly Bove Lodge & Hutz LLP, where he started his career in 1989 after serving a judicial clerkship with the Delaware Court of Chancery.

Chip has been regularly involved in corporate, commercial and patent litigation in state and federal courts in Delaware for most of his career. His practice also includes the representation of companies and investors in general corporate and business matters; the acquisition, sale and licensing of intellectual property assets; and, the issuance of opinions relating to Delaware alternative entities such as limited liability companies, limited partnerships and statutory trusts. Chip is a Delaware Superior Court certified mediator.

Chip has been selected for inclusion in The Best Lawyers in America® for intellectual property litigation since 2012 and commercial litigation since 2013.  Chambers USA: Guide to America’s Leading Lawyers for Business has ranked Chip among Delaware Intellectual Property practitioners since 2012.  Chip debuted in both Managing Intellectual Property‘s 2018-19 Managing IP- IP Stars Guide as well as IAM Patent 1000- The World’s Leading Patent Practitioners 2018. Described by sources, he is commended for being “a savvy and talented patent litigator, and warm as a person, he is one of the state’s true stars.” Chip was identified in Delaware Super Lawyers and Delaware Today Top Lawyers for intellectual property law. In addition, he is AV® rated in Martindale-Hubbell’s Preeminent™ Peer Review certification.

Chip served a judicial clerkship with the Delaware Court of Chancery from 1988-89. From 1991-93, he served as an attorney to the Delaware State Senate. From 1983-85, he served as a legislative assistant to Vice President Joseph R. Biden, Jr., then a U.S. Senator from Delaware. Most recently, in 2017, Chip served as a mentor at the Federal Trial Practice seminar sponsored by the U.S. District Court for the District of Delaware and the District of Delaware Chapter of the Federal Bar Association. The seminar was a multi-week instructional trial practice program for lawyers with less than 10 years of practice experience who have an interest in regularly litigating in the District Court.

In addition to his legal practice, Chip is very involved in the community. Chip is the Vice Chair of the Delaware Judicial Nominating Commission. He is an advisory board member of the First State Fintech Lab. And he also serves on the boards of the Ministry of Caring, Village of St. John, Laffey-McHugh Foundation and the Combined Campaign for Justice.

Read more about Arthur G. Connolly III of Connolly Gallagher LLPEmailArthur's Linkedin Profile
Show more Show less
  • Posted in:
    Intellectual Property
  • Blog:
    ILN IP Insider
  • Organization:
    International Lawyers Network
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo