A Blog About Intellectual Property Litigation and the District of Delaware

CDC / Alissa Eckert, MS; Dan Higgins, MAMS

Last week I summarized upcoming District of Delaware jury trials.

With the COVID-19 numbers surging nation-wide, I wanted to keep an eye on these. All told, five of the six jury trials are still on. One trial was continued, and the parties in another filed a letter yesterday asking to delay the trial due to COVID-19 concerns.

Here are the updates:

  • November 3: Judge Noreika's remote bench trial was canceled after the parties settled.
  • November 16: Chief Judge Stark's criminal jury trial is still scheduled to go forward, although there is a status call set for 5pm tomorrow.
  • November 30: Chief Judge Stark continued the civil jury trial scheduled in Guardant Health, Inc. v. Foundation Medicine, Inc., C.A. No. 17-1616-LPS-CJB, D.I. 487 (D. Del.) and cancelled the pretrial conference. I've heard this was not coronavirus-related but I haven't seen the transcript.
  • December 7: Judge Andrews' patent jury trial remains scheduled in Blackbird Tech LLC v. ELB Electronics Inc., C.A. No. 15-56-RGA (D. Del.).
  • December 14: The parties in Judge Noreika's jury trial in TRUSTID, Inc. v. Next Caller Inc., C.A. No. 18-172-MN (D. Del.) filed a joint letter yesterday asking for the trial to be delayed due to coronavirus concerns. The Court has not yet responded. Judge Stark also has a remote bench trial scheduled in Adverio Pharma GmbH v. MSN Laboratories Private Ltd., C.A. No. 18-73 (D. Del.).
  • January 4: Chief Judge Stark still has a bench trial scheduled in H. Lundbeck A/S v. Alkem Laboratories Ltd., C.A. No. 18-88-LPS (D. Del.). Judge Andrews also has a jury trial scheduled in Ingevity Co. v. BASF Co., C.A. No. 18-1072 (D. Del.).
  • January 11: Judge Andrews still has jury trials scheduled in Blackbird Tech LLC v. Feit Electric Company Inc., C.A. No. 15-58-RGA and M2M Solutions LLC, et al. v. Sierra Wireless Am. Inc., C.A. No. 14-1102-RGA (D. Del.). Judge Connolly also scheduled a additional patent bench trial for January 11, in Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc., C.A. No. 18-823-CFC-JLH (D. Del.).

Note: The above list was updated on November 5, 2020 to include the Ingevity jury trial on January 4, and the Adverio remote bench trial on December 14.

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