The first week of the MV3-Roku trial is at an end. As mentioned in our last post, it’s been a pretty standard case, all in all. So let’s just close out with some tidbits gleaned from Mark’s and my general observations over the last several days: Jury instructions: Charge conference was held Friday afternoon in […]
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. […]
The long-awaited trial date in MV3 Partners LLC v. Roku, Inc. is here at last! Our intention this week on the blog is to cover some of the more notable occurrences during trial. As always, if there’s anything in particular you’re interested in hearing about, please let us know. Here’s how pretrial proceedings and opening […]
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 […]
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. […]
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 […]
For anyone interested in hearing directly from the Court, Judge Albright will be participating at 1PM Central today in a “teleforum” sponsored by the Federalist Society, entitled “Patent Litigation in the Western District of Texas: An Afternoon Discussion with Judge Alan Albright and a New Take on Patent Case Procedures.” Based on the event title […]
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 […]
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, […]
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 […]