A Blog About Intellectual Property Litigation and the District of Delaware


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On Monday morning, Chief Judge Stark is scheduled to hold the second District of Delaware jury trial since all jury proceedings were put on hold for the pandemic. The case is USA v. Aaron Davis, C.A No. 19-101-LPS, a criminal fraud and money laundering action filed August 2019.

The Court issued an order Friday making clear that the jury trial will go forward as planned:

ORAL ORDER: IT IS HEREBY ORDERED that the parties shall be present in Courtroom 6B at 9:00 AM on Monday, November 16, 2020. Ordered by Judge Leonard P. Stark on 11/13/2020. (etg) (Entered: 11/13/2020)

The Court has not yet posted public access information.

UPDATE 11-16-2020: With nothing on the docket about cancellation today, it looks like this still going forward.

UPDATE 11-20-2020: Turns out this was actually the second post-COVID-19 jury trial scheduled in Delaware! Judge Connolly completed a full criminal jury trial, although I do not know the details.

Updates on Pending Patent Jury Trials

As I mentioned, the Court's first scheduled patent jury trial was continued at the request of the parties, for reasons unrelated to COVID-19.

The next patent jury trial is still scheduled to go forward before Judge Andrews on December 7, 2020 in Blackbird Tech LLC v. ELB Electronics Inc., C.A. No. 15-56-RGA (D. Del.), with a follow-up jury trial involving a different defendant still set for January 11. Both defendants have requested trial delays due to COVID-19 concerns.

Judge Andrews also has an upcoming patent jury trial scheduled for January 4, 2020 in Ingevity Corp. v. BASF Corp., C.A. No. 18-1391-RGA (D. Del.).

Judge Noreika's upcoming jury trial in TRUSTID, Inc. v. Next Caller Inc., C.A. No. 18-172-MN (D. Del.), originally scheduled for December 14, was deferred to June 2021 at the request of the parties due to COVID-19.

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