Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
Sign up for our Trials newsletter
You must correct or enter the following before you can sign up:
Thank You!
Law360 (May 15, 2020, 6:03 PM EDT ) U.S. District Judge Alan D. Albright on Friday postponed a jury trial over whether Roku infringed a media streaming technology patent to June 29, following an initial reluctance to move the June 1 start date despite complications raised by the COVID-19 pandemic.
Judge Albright set the trial with an eight-member jury to begin in Texas federal court on June 29, with a pretrial conference on June 18. A docket entry from a court reporter cited the judge as saying "the date was unavoidable" on a phone conference.
It wasn't immediately clear Friday how the June 29 start date relates to a May 8 order from the court's chief judge calling for all trials scheduled during May and June to be continued to later dates. The chief judge had said in-person hearings and conferences could still be held, but that "parties are encouraged" to request to participate by phone or video.
The trial is over MV3 Partners LLC's allegations that Roku infringed its patent covering a system that streams media content from a mobile phone to larger displays such as television with the Roku TV, Roku Streaming Stick, Roku Ultra and Roku Express products. The suit was filed in October 2018, meaning Judge Albright is sticking by his reputation of getting patent cases to trial quickly.
Judge Albright had denied Roku's request to move the trial in April, when Roku said its attorneys in Maryland and Virginia are under stay-at-home orders and might not be able to travel to Texas.
While he'd refused to move the case for the time being, he'd acknowledged that patent trial preparation is "an arduous task in the best of times" but even more difficult amid the COVID-19 crisis.
Counsel for MV3 had told Law360 in April that the request to move the trial was premature.
Attorneys for the parties didn't immediately respond to requests for comment Friday.
The patent-in-suit is U.S. Patent No. 8,863,223.
MV3 is represented by J. Mark Mann, G. Blake Thompson and Andy Tindel of Mann Tindel & Thompson, Craig D. Cherry of Haley & Olson PC, and Jonathan K. Waldrop, Darcy L. Jones, Marcus A. Barber, John W. Downing, Heather S. Kim, Jack Shaw, ThucMinh Nguyen and Paul G. Williams of Kasowitz Benson Torres LLP.
Roku is represented by Alexander J. Hadjis, Lisa M. Mandrusiak, Michael D. West, Tia D. Fenton and W. Todd Baker of Oblon McClelland Maier & Neustadt LLP, Richard D. Milvenan of McGinnis Lochridge LLP, David N. Deaconson of Pakis Giotes Page & Burleson PC and Darryl Adams of Slayden Grubert Beard PLLC.
The case is MV3 Partners LLC v. Roku Inc., case number 6:18-cv-00308, in the U.S. District Court for the Western District of Texas.
--Additional reporting by Jack Queen and Ryan Davis. Editing by Jack Karp.
For a reprint of this article, please contact reprints@law360.com.
