Judge Dyk sitting by designation in U.S. District Court of Delaware

Judge Dyk has apparently been loaned out to the U.S.District Court of Delaware where he is sitting by designation.  You might have noticed that he did not hear oral arguments at the Federal Circuit in August — nor in July if I remember correctly.

You can read Judge Dyk’s recent district court opinion and order in BAXALTA INCORPORATED v. GENENTECH, INC., Civil Action No. 17-509-TBD (D. Del. Aug. 7, 2018) at this [link].

I suppose it is somewhat fun for appellate judges to be fact finders in district court bench trials — fact finding expeditions are not something they have an opportunity to do at the appellate level . . . .

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