Model Patent Rules

In 2017, the Patent Litigation Committee commissioned a subcommittee to review and revise (as appropriate) the existing AIPLA Model Patent Local Rules in view of intervening developments in patent law, the experience of litigants and courts with the existing rules, and lessons learned from changes made to district court patent local rules throughout the country since the AIPLA’s last set of model rules was published in 2014.  Among other issues, the subcommittee considered whether to include rules governing damages contentions similar to those required by the Northern District of California’s Patent Local Rules (and some other jurisdictions).  The consensus of the subcommittee was not to require damages contentions at this time; however, several other changes and updates were included in the updated set of model rules.  For example, the updated set of rules removes the option for both Initial and Final contentions and instead allows amendment of contentions with leave of Court upon a timely showing of good cause.  The subcommittee is led by co-chairs Travis Jensen of Orrick and Michelle Eber of Baker Botts.

2018 AIPLA Model Patent Rules

2018 AIPLA Model Patent Rules writable