Updated July 25: No trial this week, after all. On Saturday the parties filed a stipulation of dismissal disclosing they “have resolved all matters in controversy between them.”
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Next trial up on Judge Albright’s docket is Koss Corp. v. Apple Inc. (Case No. 6:20-CV-00665). Voir dire will start at 9AM this coming Monday, July 25, with opening statements to follow. Each side will have 10 hours for trial presentation, plus 30 minutes for each of opening and closing arguments.
The Court’s notice of trial procedures includes public dial-in credentials for this case as follows:
- +1 669 254 5252 or +1 646 828 7666 or +1 551 285 1373 or +1 669 216 1590
- Webinar ID: 160 845 5118
- Passcode: 410583
- Mobile-friendly:
- +16692545252,,1608455118#,,,,*410583#
- +16468287666,,1608455118#,,,,*410583#
Plaintiff Koss is represented by national counsel K&L Gates and local Texas counsel David Deaconson of Pakis, Giotes, Page & Burleson. Defendant Apple is represented by national counsel Goldman Ismail Tomaselli Brennan & Baum from Chicago, plus local Texas counsel Scott Douglass & McConnico.
The Court has issued two orders indicating its pretrial disposition of several contested issues, select highlights including:
- In connection with dueling motions concerning Apple’s breach-of-contract counterclaim relating to a prior confidentiality agreement, “The Court rules that the arbitration award collaterally estops Koss from disputing that Koss breached the Confidentiality Agreement through certain allegations in its Complaint and orders specific performance of Koss’ obligations under Section 5 of the parties’ contract. Apple is to send Koss a list of exhibits identified on Koss’ trial exhibit list that Apple contends are documents that Koss is barred from using or introducing at trial under Section 5….”
- In connection with Apple’s motion for summary judgment of non-infringement, “The Motion is GRANTED as to non-infringement with respect to ʼ025 patent claims 3 and 44, and ʼ934 patent claims 1, 3, 4, 35, 37, 39, and 62….” (The Court’s final pretrial order clarifies that trial will concern two remaining claims of the ʼ934 patent, and one claim from another patent not at issue in the summary-judgment ruling.)
- On a partially granted motion in limine, “Koss agrees that it will not offer evidence or argument that Apple is violating the privacy of consumers or listening to Siri sessions, but the Court rules that Koss may introduce evidence that Apple’s servers store what individuals have said to Siri.”
- On an agreed motion in limine, “Koss agrees that the Patents-in-Suit were conceived and reduced to practice in April 2008, but Koss will not be prohibited from providing information from before April 2008 regarding what led to the conception of the Patents-in-Suit in April 2008.”
As always, we’ll monitor next week’s trial and will do our best to bring relevant updates.