“FAs recognition of the value of patents has increased dramatically over the past decade, so too has the amount of litigation associated with patent enforcement and validity challenges before U.S. district courts, the U.S. International Trade Commission (USITC), and before the U.S. Patent & Trademark Office (USPTO) In response to this ramp up, both in terms of volume and complexity, tribunals have come to recognize the substantive, procedural, and administrative challenges posed by patent litigation. These challenges include the scope of discovery implicated when, for example, multinational technology companies sue one another for patent infringement over a blockbuster product. Another challenge is the technical nature of the subject matter, which can range from pharmaceuticals to semiconductors. Yet another challenge includes the additional pressure of resolving disputes between two or more often highly sophisticated competitors with seemingly bottomless war chests. For the many district courts whose dockets are already overflowing, the notion of bringing all resources to bear on a dramatically increasing class of complex, high stakes, and technically demanding disputes raises serious questions about judicial resource management.”
