The Distinctive Roles of The Magistrate Judge and Local Counsel in Paragraph IV Proceedings

April 23, 2018 3:45pm

Honorable Mary Pat Thynge
Chief Magistrate Judge
United States Federal District Court, District of Delaware (Wilmington, DE)

Honorable Tonianne J. Bongiovanni
Magistrate Judge
United States District Court, District of New Jersey (Trenton, NJ)

Honorable Christopher J. Burke
Magistrate Judge
United States District Court, District of Delaware (Wilmington, DE)

Honorable Roy Payne
Magistrate Judge
United States District Court, Eastern District of Texas (Houston, TX)

Bo Davis
Founding Partner
The Davis Firm (Longview, TX)

Charles M. Lizza
Partner
Saul Ewing Arnstein & Lehr LLP (Newark, NJ)

MODERATOR:

Anne Shea Gaza
Partner
Young Conaway Stargatt & Taylor, LLP (Wilmington, DE)

Magistrate Judges have a unique role in ANDA cases. They hear key motions and resolve the disputes which the parties encounter throughout the course of litigation. Many jurisdictions where Paragraph IV disputes are heard have their own local patent rules, with some jurisdictions exhibiting subsets of local patent rules for Hatch-Waxman matters, which dictate everything from scheduling, to discovery to dispositive motions. Recently, several jurisdictions have modified their local rules, calling for the patent bar to significantly adjust their practices. With these unfamiliar local rules in mind, the importance of retaining local counsel becomes paramount. This panel will explore the intricacies of the local rules and how Magistrate Judges effectively working with local counsel can help the parties reach an amicable “yes”.