A Blog About Intellectual Property Litigation and the District of Delaware


Looks like Judge Fallon is trying out a new way of doing public hearings, with a YouTube mirror of a private Zoom teleconference at 10:00am ET on Tuesday 9/15:

ORAL ORDER- The Markman Hearing on 9/15/2020 will be a public hearing. The YouTube link for interested members of the public to observe the live Zoom session is https://www.youtube.com/watch?v=w-9WpLOvaLk&feature=youtu.be.

NexStep, Inc. v. Comcast Cable Communications, LLC, C.A. No. 19-1031-RGA-SRF (D. Del.).

The hearing is scheduled to last 3 hours and cover 6 terms.

To my knowledge, this is the first D. Del. hearing to post a public YouTube (rather than Zoom) link, at least in the IP space.

Honestly this sounds like a good way of doing these remote hearings publicly. Signing directly in to a Zoom hearing and identifying yourself as a spectator is always a bit awkward. Plus on YouTube you don't have to worry about becoming inadvertently un-muted and potentially disrupting the proceeding (unlikely, but still...).


UPDATE: The Court converted this to a dial-in only hearing, and removed the YouTube link. The new information is:

ORAL ORDER- The Markman Hearing on 9/15/2020 will be a public hearing. The audio only link for interested members of the public to listen to the hearing is: Telephone Number: 800-816-0469; Conference code: 5282187445. Ordered by Judge Sherry R. Fallon on 9/14/2020. (lih) (Entered: 09/11/2020)

It's not clear from the docket why the YouTube link was removed. It's too bad, because Markman hearings typically (though not always) involve slide presentations, and I expect it will be harder to follow without video.

Following problems with the connection for the Court and the court reporter, this hearing was also delayed until 10:30 this morning.

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