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`Albright Pushes Roku IP Trial To Late June Over
`Pandemic
`
`By Dani Kass
`
`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.
`
`https://www.law360.com/articles/1274108/print?section=media
`
`5/18/2020
`
`Micron Ex. 1013, p. 1
`Micron v. Godo Kaisha IP Bridge 1
`IPR2020-01008
`
`
`
`Albright Pushes Roku IP Trial To Late June Over Pandemic - Law360
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`Page 2 of 2
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`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.
`
`All Content © 2003-2020, Portfolio Media, Inc.
`
`https://www.law360.com/articles/1274108/print?section=media
`
`5/18/2020
`
`Micron Ex. 1013, p. 2
`Micron v. Godo Kaisha IP Bridge 1
`IPR2020-01008
`
`