MV3 v. Roku Update: Pandemic Trial Technology Is Complicated

For the most part, this week’s proceedings in MV3 v. Roku have felt much like any other patent trial. Attorneys wearing masks and a witness box surrounded by plexiglass are in one sense just part of the “new normal.” But a couple technical issues this week have highlighted how the coronavirus may complicate trial logistics. […]

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Link Roundup!

It’s been quiet on the blog this week, but along with much of the rest of the patent bar, we’re eagerly awaiting Monday’s commencement of Judge Albright’s first-ever patent trial in MV3 Partners LLC v. Roku, Inc. (No. 6:18-cv-00308). You can look to us for coverage next week! Otherwise, here’s some other (mostly) recent coverage […]

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Link Roundup!

Most of the big news out of Waco this week was Judge Albright’s updated procedures (which we covered here and here). Here are takes on those updates from others around the patent-litigation universe: Winston & Strawn’s WacoWatch blog covered the updates here. The Waco Patent Litigation Updates blog covered them here and here. Michael C. […]

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Trial During COVID – A Look Inside Judge Albright’s Trial Procedures

On September 23, 2020, the parties in MV3 v. Roku had their final pretrial conference with Judge Albright before the October 5th trial setting—scheduled to be Judge Albright’s first-ever patent trial since taking the bench. During the conference, Judge Albright laid out his modified trial procedures in light of the COVID-19 pandemic. Here are a […]

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Updates to Judge Albright’s Order Governing Proceedings

Today, September 22, the Court issued a new version 3.1 of its Order Governing Proceedings—i.e., the default procedural reference point for all parties involved in a patent case before Judge Albright. We’ll tackle the major changes below, and in a companion post we also address the Court’s very substantial update to its Standing Order Regarding […]

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Judge Albright’s Newest Standing Order Re: Notice of Readiness

Today, September 22, Judge Albright recently posted a new standing order regarding “Notice of Readiness for Scheduling Conference in Patent Cases.” The practice of filing a notice of readiness is something the frequent practioners litigating in the Waco Division are most likely already aware of, based on the Court’s prior version of its standing order, […]

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The First Cut Is the Deepest (but Not Really): Pre-Markman Discovery in Waco Division Patent Cases

The default rule in patent cases pending before the Waco Division is that fact discovery is stayed until the Markman hearing is over; that hearing in turn typically follows service of a responsive answer or Rule 12 motion by approximately seven months. Specifically, the Court’s operative Order Governing Proceedings (OGP) provides: Except with regard to […]

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