A Blog About Intellectual Property Litigation and the District of Delaware


Upcoming October Jury Trials

Of the six jury trials planned for October, four remain on the schedule as of now, including one patent and one trademark action. One patent jury trial was postponed for a second time this month due to the COVID-19 travel ban.

  • 10/12/2021: USA v. Crocker, C.A. 17-10-LPS (D. Del.): This criminal case was originally scheduled for a jury trial before Judge Stark on October 5, but was postponed at the last minute, likely due to a change in counsel. The trial is now set for October 12.
  • 10/18/2021: Parkell v. Frederick, C.A. 15-718-SB (D. Del.): The parties in this prisoner civil rights case agreed to jury trial before visiting Third Circuit Judge Bibas in the third week of October (D.I. 74); only October 18 is listed on the PACER calendar.
  • 10/25/2021: Boston Scientific Corp. v. Nevro Corp., C.A. 18-644-CFC-CJB (D. Del.): This five-day patent jury trial is calendared to start on October 25.
  • 10/25/2021: CareDx, Inc. v. Natera, Inc., C.A. 19-662-CFC-CJB (D. Del.): The parties in this trademark case had their pretrial conference on September 28, 2021. A five-day jury trial will proceed before Judge Connolly beginning on October 25.

Cancelled or Postponed October Jury Trials

  • 10/04/2021: Nuance Communications, Inc. v. MModal LLC, C.A. 17-1484-MN (D. Del.): This patent case was scheduled for October 4 and 5 before Judge Noreika, but it is now off the PACER calendar for reasons unrelated to COVID-19.
  • 10/25/2021: Osseo Imaging, LLC v. Planmeca USA, Inc., C.A. 17-1386-LPS (D. Del.): This trial was moved specifically for COVID-19 reasons. In June, Defendant filed a letter informing Judge Stark that its technical witness, who lives and works in Finland, could not travel to the U.S. due to a January 2021 COVID-19-related travel ban. D.I. 161. Originally, the trial was scheduled for July. Id. Now the Court postponed trial again because the travel ban remains in place. D.I. 163.

Upcoming November Jury Trials

November promises to be a busy month, including at least ten scheduled jury trials, six of which are patent cases.

  • 11/01/2021: Novel Drug solutions, LLC v. Harrow Health, Inc., C.A. 18-539-MN (D. Del.): Defendant proposed rescheduling the pretrial conference for an earlier date, to which the Plaintiff agreed (D.I. 368), but Judge Noreika declined the rescheduling. D.I. 369. According to PACER, this contract case will proceed for two days in jury trial.
  • 11/01/2021: Shure Incorporated v. Clearone, Inc., C.A. 19-1343-RGA-CJB (D. Del.): Judge Andrews adopted the Magistrate Judge’s recommendation to deny Defendant’s motion for summary judgment of invalidity.
  • 11/08/2021: Calamos Asset Management, Inc. v. Travelers Casualty and Surety Company of America., C.A. 18-1510-MN (D. Del.): This insurance case will proceed to a four-day jury trial before Judge Noreika.
  • 11/09/2021: Szubielski v. Pierce, C.A. 15-984-JLH (D. Del.): The three-day jury trial for this prisoner civil rights case will take place before Judge Andrews.
  • 11/15/2021: IPA Technologies Inc. v. Amazon.com, Inc., C.A. 16-1266-RGA (D. Del.): The heavily-redacted docket reveals no new entries in this action since June 2021, but the trial before Judge Andrews for this patent case still appears to be scheduled to take three days beginning on November 15.
  • 11/15/2021: Malvern Panalytical, Inc. v. TA Instruments-Waters LLC, C.A. 19-2157-RGA (D. Del.): The mediation conference for this patent case is scheduled for October 19 (D.I. 226), but if unsuccessful, jury trial before Judge Andrews is calendared for mid-November.
  • 11/15/2021: Steuben Foods, Inc. v. Shibuya Hoppman Corporation and HP Hood LLC, C.A. 19-2181-CFC-CJB (D. Del.): The pretrial conference before Judge Connolly is scheduled for November 10, to be followed by a jury trial.
  • 11/17/2021: Furniss v. Cinemark U.S.A., Inc., C.A. 20-602-MAK (D. Del.): Depositions still appear to be underway in the beginning of October. This personal injury case involves a minor plaintiff, four-years old at the time of injury, who alleges injury from a marble circular high top table. If it goes forward, this jury trial will be before Judge Kearney.
  • 11/29/2021: Sunoco Partners Marketing & Terminals L.P v. Powder Springs Logistics, LLC, C.A. 17-1390-LPS (D. Del.): After preparing a settlement term sheet on June 1, the parties have engaged in briefing, including a Defendants’ renewed motion to enforce said settlement term sheet. D.I. 699. If the parties cannot settle in this patent case, it may proceed to trial before Judge Stark.
  • 11/29/2021: First Wheel Management Limited v. Inventist, Inc., C.A. 17-1059-MN (D. Del.): A two-day jury trial is scheduled for the end of November.

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