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Posts from September 2020.

Judge Albright has again confirmed that his first patent jury trial since taking the bench will proceed on October 5. In his latest Divisional Standing Order he reiterated that the Waco Division has "undertaken great efforts to ensure trials can be conducted safely" and is "confident, as things stand today, it can conduct fair trials in a safe manner."

The final pretrial conference for MV3 Partners LLC v. Roku, Inc. took place this week, with jury selection set for October 1 and trial October 5.

This Standing Order was entered in accordance with the WDTX Eighth Supplemental Order on Court ...

Judge Albright signed a new Standing Order Regarding Notice of Readiness in Patent Cases:

The Case Readiness Status Report can be found HERE , attached to the Standing Order as Exhibit A.

The new Standing Order has been added to the WDTX website under the Waco Division's Standing Orders for Judge Albright (located HERE).

Today, Judge Albright posted a revised Order Governing Proceedings – Patent Case: OGP Version 3.1.  This is an update from Version 3.0, posted July 22.  The bulk of the revisions apply to the Markman hearing and General Issues sections, as well as changes to the Default Schedule.  Here are the key things to note:

Tech Tutorials and Conduct of Markman:

The OGP makes it clear that technology tutorials are optional. The revised language seems to indicate that, if utilized, electronic submission is preferred to live tutorials. Newly-added language encourages parties to only request a live ...

Jury selection in MV3 Partners LLC v. Roku, Inc. is set for October 1 and will mark the first jury selected for a patent trial since Judge Albright took the bench in 2018. Here are a few notable procedures for jury selection: (1) the specific Patent Juror Questionnaire; and (2) voir dire will be conducted before Magistrate Judge Manske, not Judge Albright.

Judge Albright's Standing Orders now includes a Patent Juror Questionnaire to be filled out by prospective jurors prior to voir dire. In addition to typical demographic and biographical information, the current Questionnaire ...

On October 5, Judge Albright is set to preside over his first patent jury trial since taking the bench.  MV3 Partners LLC v. Roku, Inc. is not only set to be Judge Albright’s first patent jury trial, but also the first jury trial in the Waco Division since the COVID-19 pandemic essentially halted all jury trials. The trial was supposed to occur in early summer but was continued multiple times due to the pandemic.

Judge Albright has exercised his discretion per the WDTX Seventh Supplemental Order (see previous post HERE) to resume jury trials in the Waco Division.  In his Divisional Standing ...

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