A Blog About Intellectual Property Litigation and the District of Delaware


Peterson Wildlife Refuge in Wilmington, <a href='#' class='abbreviation' data-toggle='tooltip' data-placement='top' title='Delaware'>DE</a>
Peterson Wildlife Refuge in Wilmington, DE Andrew E. Russell, CC BY 2.0

The Delaware Supreme Court recently announced their expectation that they can safely return to jury trials in June, noting the recent decline in COVID-19 cases. They also announced that the 2021 bar examination for will be administered remotely.

The District of Delaware, however, is still set to restart jury trials on April 5. But there have been a few changes to D. Del.'s April jury trial calendar since our last update:

Trials Set to Proceed

  • 4/5/2021: JHL Pharmaceuticals, LLC v. PuraCap Laboratories, LLC, C.A. No. 18-553-MN (D. Del.) (contract action before Judge Noreika): This was previously set for multiple jury trials and has been consolidated to a single trial. The Court has been pressing the parties for updates regarding settlement.
  • 4/26/2021: USA v. Tyshaun Blue, C.A. No. 20-63-RGA (D. Del.): No change.

Trials Canceled or Changed

  • 4/5/2021: Adams v. Klein, C.A. No. 18-1330-RGA (D. Del.) (§ 10(b) securities/fraud action before Judge Andrews): This has been converted to a bench trial. The Court excused plaintiff's local from in-person attendance.
  • 4/12/2021: K2M, Inc. v. OrthoPediatrics Corp., C.A. No. 17-61-RGA (D. Del.): Canceled, after Defendants filed a letter citing current CDC recommendations against travel due to COVID-19, and after the Court held a teleconference. The Court scheduled a follow-up conference for May 15, 2021.
  • 4/14/2021: Joseph William Luster v. PuraCap Pharmaceutical, LLC, C.A. No. 19-1522-MN (D. Del.): Consolidated with the related JHL action above.
  • 4/26/2021: USA v. Omar Morales Colon, C.A. No. 17-47-LPS (D. Del.): Canceled, for reasons that appear to be unrelated to COVID-19.

That's it! It looks like there are no other jury trials scheduled for April—not yet, at least.

[Note: If you came here via Google, see our most up-to-date posts under the Trial Calendar tag.]

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