ESW v. Roku Trial Monday + Telephonic Voir Dire Today

UPDATED 11:40AM 4/5/21

For those unaware, Judge Albright has another patent trial on his Court’s docket next week. The case is ESW Holdings, Inc. v. Roku, Inc., No. 6:19-CV-00044. (As projected defendant in two of Judge Albright’s first three patent trials, Roku’s going to end up with quite the Waco Division frequent-flier card, at this rate.) The case was filed in February 2019, meaning it proceeded from complaint to trial in just under 26 months. ESW is represented by Bracewell LLP (Judge Albright’s last firm before taking the bench) and Quinn Emanuel. Roku is represented by Jackson Walker LLP and local counsel David N. Deaconson. 

ESW asserted five patents on filing, but only two patents are teed up for trial. Per the Joint Pretrial Order on file with the Court, ESW “withdrew the asserted claims of [two asserted patents] after the Court indicated that it would grant Roku’s Motion for Summary Judgment of No Infringement,” and subsequently voluntarily withdrew all allegations of infringement with respect to a third patent. The two remaining patents at issue are U.S. Patents Nos. 7,260,782 (“Method and system for generating flexible time-based control of application appearance and behavior”) and 7,430,718 (“Configurable interface for template completion”). MSJs aside, this seems a fairly standard manner to focus a case for jury trial.

Of immediate note to readers is that voir dire will proceed in front of Judge Albright at 1:30PM today, Thursday April 1. (Not a joke!) Judge Albright usually delegates jury selection to Magistrate Judge Manske, but not this time.

The Court has entered a Notice of Trial Procedures that appears to be substantially similar to the notice entered by the Court in connection with the VLSI v. Intel case (again a robust set of safety protocols in view of the COVID-19 pandemic, etc.). And of note to those not easily able to travel to Waco, the Court will again make available a video link for participants in the trial (inside and outside counsel, fact and expert witnesses, and corporate representatives), and an audio link for the general public. The dial-in credentials for the public phone link are:

  • Dial(for higher quality, dial a number based on your current location):
    • +1 669 254 5252  or +1 646 828 7666  or +1 551 285 1373  or +1 669 216 1590 
    • Webinar ID: 160 619 60
    • Passcode: 622845
  • Mobile-friendly: 
    • +16692545252,,1604558760#,,,,*622845#  
    • +16468287666,,1604558760#,,,,*622845# 

UPDATED 11:40AM 4/5/21 with new dial-in information:

  • +1 669 254 5252  or +1 646 828 7666  or +1 551 285 1373  or +1 669 216 1590 
    • Webinar ID: 160 619 0257
    • Passcode: 832689
  • Mobile-friendly: 
    • +16692545252,,1606190257#,,,,*832689#  

As always, we’ll try to cover any interesting developments from next week’s trial (assuming it proceeds and doesn’t settle, of course).