Remaining October Jury Trials
- 10/25/2021: Boston Scientific Corp. v. Nevro Corp., C.A. 18-644-CFC-CJB (D. Del.): This patent jury trial is calendared to start on October 25 before Judge Connolly.
- 10/25/2021: CareDx, Inc. v. Natera, Inc., C.A. 19-662-CFC-CJB (D. Del.): The parties in this trademark case will begin jury trial before Judge Connolly on October 25.
Upcoming November Jury Trials
One patent case has a long-standing trial date that appears intact, but another patent case appears close to settling.
- 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. This contract case is set to proceed for five days on November 1.
- 11/01/2021: Shure Incorporated v. Clearone, Inc., C.A. 19-1343-RGA-CJB (D. Del.): Judge Andrews has resolved multiple merits issues (D.I. 571; D.I. 619; D.I. 621) after adopting the Magistrate Judge’s recommendations to deny most of the parties' dispositive motions. The case still appears on track to proceed to trial.
- 11/09/2021: Szubielski v. Pierce, C.A. 15-984-JLH (D. Del.): The three-day jury trial for this prisoner civil rights case is set to take place before Judge Andrews.
- 11/15/2021: IPA Technologies Inc. v. Amazon.com, Inc., C.A. 16-1266-RGA (D. Del.): The five-day jury trial in this patent case is still scheduled to begin on November 15, a date originally set at the end of December 2020.
- 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. D.I. 512.
- 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.
Off the November Calendar
Five trials are now off the November calendar, most because they settled. Two cases cited COVID-19 challenges as being a consideration in deciding to stay and cancel respectively.
- 11/08/2021: Calamos Asset Management, Inc. v. Travelers Casualty and Surety Company of America., C.A. 18-1510-MN (D. Del.): Trial in this insurance case was cancelled at the request of the parties. D.I. 229.
- 11/15/2021: TC Technology LLC, v. Sprint Corporation, C.A. 16-153-WCB (D. Del.): This jury trial before visiting Judge William C. Bryson is still on the PACER calendar, but the case has been stayed pending the completion of ex parte reexamination of claims by the USPTO. In addition to considering how the ex parte reexamination might simplify the issues, Judge Bryson weighed the “relatively advanced state of the proceedings” against the “costs involved . . . [and] potential health risks associated with a trial conducted during the COVID-19 pandemic, [finding that] ‘the state of the proceedings’ factor cuts only moderately against issuing a stay.” D.I. 596 at 15. He noted that while “trial proceedings in the District of Delaware have recently resumed, . . . at a reduced pace”, “it is difficult to predict what the likely status of the pandemic will be two months from now.” Id. at 14. “Those considerations make the imminence of the scheduled trial date a less significant factor than it might be in more normal times.” Id.
- 11/15/2021: Malvern Panalytical, Inc. v. TA Instruments-Waters LLC, C.A. 19-2157-RGA (D. Del.): The parties settled this patent case several days after the mediation conference. D.I. 226, 229.
- 11/17/2021: Furniss v. Cinemark U.S.A., Inc., C.A. 20-602-MAK (D. Del.): This personal injury case settled. D.I. 156.
- 11/29/2021: First Wheel Management Limited v. Inventist, Inc., C.A. 17-1059-MN (D. Del.): A two-day jury trial was scheduled for the end of November. However, the parties requested a postponement due to the COVID-19 travel restrictions, which would have prevented several key fact witnesses from travelling from the UK. D.I. 172. Judge Noreika cancelled the trial, as the Court’s calendar could not accommodate a trial for the requested timeframe or soon thereafter. Instead, the Court urged the parties to engage in good faith efforts to settle.
Upcoming December Jury Trials
Time will tell how many of these jury trials will remain on the calendar. One patent case has a history of COVID-19-related discovery deadline delays, but so far the trial date remains undisturbed.
- 12/06/2021: Doda v. Waste Management, Inc., C.A.17-604-CFC-SRF (D. Del.): This action involves both breach of contract claims (jury demand) and a correction of inventorship claim (equitable issue for Court decision). The parties agreed to waive trial by jury on the contract claims. The five-day bench trial is still set to begin in-person before Judge Connolly, if the travel restrictions impacting two of Plaintiffs’ Italian witnesses will be lifted by November. (D.I. 192; D.I. 197).
- 12/06/2021: USA v. Sponaugle, C.A. 19-103-LPS (D. Del.): A ten-day jury trial in this fraud/forfeiture case will begin before Judge Stark. (D.I. 53).
- 12/06/2021: Twin Spans Business Park, LLC v. Cincinnati Insurance Company, C.A. 19-476-SB-SRF (D. Del.): In this insurance case, Judge Bibas previously granted defendant’s motion to continue the trial (D.I. 67), and it is now scheduled to begin on December 6th.
- 12/13/2021: Drumgo v. Kuschel, C.A. 14-1135-CFC (D. Del.): A two-day jury trial is scheduled in this civil rights case before Judge Connolly.
- 12/14/2021: Nationwide Property & Casualty Insurance Company v. Bear Industries, Inc., C.A. 19-2219-MN (D. Del.): Discovery delays, partially attributed to COVID-19, resulted in rescheduling several deadlines, but not the trial itself. (D.I. 72). The four-day (D.I. 53) jury trial for this insurance subrogation case was previously scheduled for October 12, 2021 (D.I. 52). However, upon the parties’ December 30, 2020 stipulation (D.I. 52) to extend discovery deadlines (but not trial) for COVID-19 reasons, the court pushed the trial to December 14, 2021. (D.I. 53). This jury trial date still applies.
A Reminder That the PACER Calendar Is Not Perfect
We've noted in the past how the Court's PACER calendar is notoriously unreliable, and here is one example:
- 2/14/2022: VoterLabs, Inc. v. Ethos Group Consulting Services, LLC, C.A. 19-524-MAK (D. Del.): The four-day jury trial in this contract case is noted on on the PACER calendar as being scheduled for December 14, 2021. It is actually scheduled to begin February 14, 2022 before Judge Andrews. (D.I. 129 at ¶ 16; D.I. 168 at ¶ 1).
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
