Yesterday marks the entry of the 11th supplemental order from Chief Judge Garcia regarding Court operations in WDTX during the pandemic. The evolution of the Court’s orders regarding COVID can all be accessed HERE.
The 11th Order is substantially similar to last month's order and essentially extends the status quo through January 31, 2021. As a general rule, all jury trials scheduled to begin through January 31, 2021 are continued. Bench trials may proceed if they can be conducted with appropriate safety precautions.
The Order also affirms divisional discretion to proceed ...
Today Intel Corporation filed a petition for writ of mandamus in the Federal Circuit following Judge Albright’s November 20th ruling retransfering a patent infringement suit (VLSI Technology LLC v. Intel Corp., No. 6:19-cv-00254) from Austin back to Waco for a January trial setting.
Venue Transfer History:
While this case was originally filed in the Waco Division in April 2019, Judge Albright granted Intel’s motion to transfer venue to Austin in October 2019 and retained the case on his docket (after denying Intel’s motion to transfer venue to Delaware). The case proceeded ...
Judge Albright has now entered his latest version of the Order Governing Proceedings – Patent Case: Version 3.2. This is an update from Version 3.1, posted September 22. The two most significant changes are what we anticipated, as explained in our last post: (1) non-simultaneous claim construction briefing; and (2) default limits on pre-Markman discovery. Here is a more comprehensive look at the key changes from the previous OGP version:
Case Management Conference:
Since OGP Version 3.1, the Court entered a Standing Order Regarding Notice of Readiness requiring the parties to ...
Judge Albright's newest Order Governing Proceedings for Patent Cases (version 3.2) changes Markman briefing procedure from simultaneous to non-simultaneous briefing and includes corresponding changes to the default schedule. For pending cases with a scheduling order under an older OGP version, there may be some confusion as to whether briefing is governed by the currently-entered scheduling order (requiring simultaneous briefing) or the new OGP Version 3.2 (requiring non-simultaneous briefing).
For pending cases potentially affected by this change, Judge Albright ...
An updated Order Governing Proceedings in Patent Cases (OGP Version 3.2) is set to be released shortly in the Waco Division. Expect two main changes: (1) non-simultaneous claim construction briefing; and (2) default limits on pre-Markman discovery. As always, when the final version is released, we will provide a more comprehensive breakdown of the changes.
Non-Simultaneous Claim Construction Briefing: For better or for worse, the Court has done away with simultaneous claim construction briefing! Many attorneys have a love/hate relationship with this practice so this marks a ...
The presentation of evidence in Judge Albright's first patent jury trial has officially concluded and the jury is deliberating. While we await the verdict, here are some highlights and takeaways from the last week at trial.
Final Pretrial Matters:
On the morning trial began, Judge Albright took up some final pretrial matters before bringing in the jury. This included clarification on the effect of certain motions in limine on the content of the parties' opening statements.
Exhibit Admissibility:
The parties agreed to pre-admit certain exhibits. These exhibits could be referred to ...
No infringement. A Waco Texas federal jury has determined that MV3 did not prove that Roku had infringed any asserted claims of the '223 patent.
The technology at issue in this case covered screen mirroring and screen casting. MV3 asked the jury to award it over $6 million for Roku's use of screen mirroring technology and about $35 million for Roku's use of screen casting technology. Despite this, the jury found no infringement.
Judge Albright has again confirmed that his first patent jury trial since taking the bench will proceed on October 5. In his latest Divisional Standing Order he reiterated that the Waco Division has "undertaken great efforts to ensure trials can be conducted safely" and is "confident, as things stand today, it can conduct fair trials in a safe manner."
The final pretrial conference for MV3 Partners LLC v. Roku, Inc. took place this week, with jury selection set for October 1 and trial October 5.
This Standing Order was entered in accordance with the WDTX Eighth Supplemental Order on Court ...
Judge Albright signed a new Standing Order Regarding Notice of Readiness in Patent Cases:
The Case Readiness Status Report can be found HERE , attached to the Standing Order as Exhibit A.
The new Standing Order has been added to the WDTX website under the Waco Division's Standing Orders for Judge Albright (located HERE).
Today, Judge Albright posted a revised Order Governing Proceedings – Patent Case: OGP Version 3.1. This is an update from Version 3.0, posted July 22. The bulk of the revisions apply to the Markman hearing and General Issues sections, as well as changes to the Default Schedule. Here are the key things to note:
Tech Tutorials and Conduct of Markman:
The OGP makes it clear that technology tutorials are optional. The revised language seems to indicate that, if utilized, electronic submission is preferred to live tutorials. Newly-added language encourages parties to only request a live ...
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With over 50 years of combined experience with federal court practice in the Western District, our team boasts former federal clerks and outstanding litigators with unrivaled experience in local federal litigation. Our contributors are all located in the Waco office of Naman, Howell, Smith & Lee. With an office just blocks from the Waco courthouse, we have our finger on the pulse of the emerging patent litigation practice in the Waco Division of the Western District, and we want to share that expertise with you.