• Magistrate Judge Anderson to Oversee Patent Case
  • July 27, 2010 | Author: Dabney J. Carr
  • Law Firm: Troutman Sanders LLP - Richmond Office
  • Litigants in the Eastern District of Virginia can agree to magistrate judge jurisdiction, but in our experience, it is very rare that parties agree to use a magistrate judge to oversee a patent case. A recent exception is Walker Digital, LLC v. Capital One Services, LLC, Case No. 1:10CV212 (E.D. Va.) in which the parties consented to jurisdiction before Magistrate Judge Anderson in the Alexandria Division.  As a result, Judge Anderson will hear both non-dispositive and dispositive motions in the case, and he will oversee the trial.

    The parties’ decision is a significant one because Judge Anderson, though relatively new to the bench, spent a number of years litigating patent cases in private practice.  Given that background, he is uniquely qualified to oversee patent litigation.

    The Walker Digital case has moved swiftly under Judge Anderson’s watch. A Markman hearing was held on May 28, just eight weeks after the Initial Pretrial Conference, Judge Anderson issued his ruling on claim construction less than two weeks later (opinion here), and defendant’s Motion for Summary Judgment is set for hearing this Friday, July 2.