Today was the last day in the MV3 v. Roku showdown, Judge Albright’s first patent trial since he took the bench two years ago. Here are the highlights:
At 8:00 a.m. sharp Judge Albright took up two brief issues before the beginning of closing argument. Counsel for Roku was concerned that MV3 would say, in closing argument, that Roku’s expert “violated” the Court’s claim construction order when discussing a particular claim term. Judge Albright agreed that the word “violate” was too strong, and instructed counsel such a strong phrasing would not be used during closing.
After addressing this issue and a non-noteworthy dispute, Judge Albright took a moment to briefly address some of the press he has recently received concerning his docket. Judge Albright stated “the reason I enjoy patent trials is because the lawyers, witnesses, and the presentation is exceptional. I believe in the system and it is the greatest system in the world.”
As far as mechanics, Judge Albright gave each side approximately 30 minutes for closing argument (I say approximately because he emphasized he would not cut anyone off at 30 minutes – but strongly encouraged counsel to conclude their argument in short form at the 30 minute mark). Judge Albright also re-emphasized to the jury that closing argument is just argument, and that the evidence has already been presented. Finally, Judge Albright re-read the claim construction order before the parties began summations.
MV3’s closing focused on a “justice needs to be served” theme. MV3 told the jury that a patent is a property right, and weaved their theme into the tagline “Justice for Roku’s trespass on MV3’s property right.”
Roku focused on a non-infringement argument for its closing. Roku tried to persuade the jury that “Roku’s products are different from MV3’s patent”; thus, there is no infringement. Roku’s argument was more technical and mechanical in nature, as compared to MV3’s attempt to appeal to the jury’s broader sense of “justice.”
After both sides completed summations, Judge Albright read the verdict form to the jury. Now we wait…
[Update]
After about five hours of deliberation, the jury of five women and two men came back in favor of Defendant Roku – no infringement!