Now that the next Waco patent jury trial is less than two weeks away (see previous post HERE), it's time to discuss Judge Albright's proposed procedure for the upcoming jury selection. When we were invited to the courthouse to see a demonstration of the new technology (see previous post HERE), Judge Albright discussed his current plans for voir dire to ensure that all health and safety precautions are taken, noting that he is open to input from the parties as well.
Although the courtroom would allow for 42 prospective jurors in the courtroom at once, the number will be limited to ...
On December 23, the Federal Circuit appeared to give Intel an early Christmas present by granting Intel’s Petition for Writ of Mandamus, vacating the previously set trial date of January 11, 2020 in Waco (see our previous post HERE regarding Intel's petition and the November 20 transfer back to the Waco Division). However, the Circuit Court was very deliberate in its limited holding and, more importantly, explicit in what it was not holding, overtly stating “we do not hold that the district court lacks the ability to effectuate holding trial in the Waco Division.”
The Federal ...
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 ...
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 ...
On October 5, Judge Albright is set to preside over his first patent jury trial since taking the bench. MV3 Partners LLC v. Roku, Inc. is not only set to be Judge Albright’s first patent jury trial, but also the first jury trial in the Waco Division since the COVID-19 pandemic essentially halted all jury trials. The trial was supposed to occur in early summer but was continued multiple times due to the pandemic.
Judge Albright has exercised his discretion per the WDTX Seventh Supplemental Order (see previous post HERE) to resume jury trials in the Waco Division. In his Divisional Standing ...
As part of the ongoing COVID-19 pandemic, we are now on the seventh supplemental order from Chief Judge Garcia regarding Court operations in WDTX during this strange time. The evolution of the Court's orders regarding COVID can all be accessed HERE.
Here are the highlights from the latest Order:
Trials Continued Through September 30, 2020:
All trials, both civil and criminal, bench and jury, currently set through September 30, 2020 are continued.
Discretion to Proceed With Jury Trials:
WDTX encompasses 68 different counties and the Court recognizes that the public health ...
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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.