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`Roku's Trial Delay Request OK'd By
`'Surprised' Texas Judge
`
`By Daniel Siegal
`
`Share us on: By Daniel Siegal
`
`Law360 (August 10, 2020, 10:19 PM EDT) -- U.S. District Judge Alan D. Albright on Monday again delayed a
`patent jury trial involving Roku because of the coronavirus pandemic, noting his surprise this time that Roku's
`attorneys had asked for the case to start in October because of persistent safety concerns.
`
`The jury trial in the Western District of Texas — where MV3 Partners LLC is accusing Roku of infringing its
`streaming media patent — has already been delayed multiple times. The trial was set to start on June 1, June 29,
`Aug. 3 or 10, and most recently Sept. 3 or 4, but each time Judge Albright pushed it off due to the pandemic.
`
`During Monday's phone conference, Judge Albright agreed to scrap the September start date and find a new one
`for the future, possibly in October, according to minutes of the conference in the court docket.
`
`"The court announced that the trial may go forward in September. The defendant voiced that due to the current
`pandemic and the numbers associated with it in Waco, that their clients feel it would be possibly unsafe for their
`health and they would like the trial to be moved further out — possibly October," the minute entry said. "The
`court was surprised as he thought everyone was on board with moving forward in September."
`
`In a three-page letter filed with the court on Sunday, Roku told Judge Albright that it had serious concerns about
`having a jury trial in the Waco region right now. The company expressed special concern that the trial is not just
`a local matter, but one that brings in attorneys from both the west and east coasts who will have to meet
`frequently in person to prepare for trial.
`
`"As a result, and irrespective of each team member's possible exposure due to his or her travel, lodging, and
`living circumstances, each team member's chances of exposure will be increased since the other team members
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`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
`12/30/21, 2:53 PM
`will have experienced their own travel, lodging, and living circumstances," Roku's letter said.
`
`Roku added that it has team members who are at an "enhanced risk" due to underlying health conditions, and
`that it should not be forced to conduct the trial without these people.
`
`Monday's scheduling decision also comes after Western District of Texas Chief Judge Orlando Garcia on
`Thursday again delayed the resumption of in-person trials in his district. He ordered that all civil and criminal
`bench and jury trials through Sept. 30 be continued.
`
`Roku's letter quoted Judge Garcia's order in noting that there have been thousands of confirmed cases of
`coronavirus in the Western District of Texas, and the order "makes it clear that jury trials should not be held if
`they would 'compromise the health and safety of court personnel, litigants, counsel, law enforcement, witnesses,
`and jurors.'"
`
`Judge Albright's law clerk Austin Schnell told Law360 on Monday that Judge Garcia's order "allows for
`individual divisions to hold jury trials if the most senior district judge in that division determines they may be
`held safely," and that Judge Albright is prepared to hold trials in September.
`
`MV3 sued in October 2018, alleging Roku TVs and some of the company's media players — the Roku
`Streaming Stick, Roku Ultra and Roku Express — infringe its patent on a system that streams media content
`from a mobile phone to larger displays such as televisions.
`
`Attorneys for the parties also did not immediately respond to requests for comment on Monday.
`
`The patent-in-suit is U.S. Patent No. 8,863,223.
`
`MV3 is represented by 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, J. Mark Mann, G.
`Blake Thompson and Andy Tindel of Mann Tindel & Thompson, and Craig D. Cherry of Haley & Olson PC.
`
`Roku is represented by Alexander J. Hadjis, Lisa M. Mandrusiak, W. Todd Baker, Christopher Ricciuti and
`Frank West of Oblon McClelland Maier & Neustadt LLP, Richard D. Milvenan of McGinnis Lochridge LLP,
`and David N. Deaconson of Pakis Giotes Page & Burleson PC.
`
`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 Ryan Davis and Dani Kass. Editing by Adam LoBelia.
`
`For a reprint of this article, please contact reprints@law360.com.
`
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`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
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`Legal Industry
`
`Case Information
`
`Case Title
`
`MV3 Partners LLC v. Roku, Inc.
`
`Case Number
`
`6:18-cv-00308
`
`Court
`
`Texas Western
`
`Nature of Suit
`
`Patent
`
`Judge
`
`Alan D Albright
`
`Date Filed
`
`October 16, 2018
`
`Law Firms
`
`Haley & Olson
`Kasowitz Benson
`McGinnis Lochridge
`Oblon
`Pakis Giotes
`
`Companies
`
`Roku Inc.
`
`Government Agencies
`
`U.S. District Court for the Western District of Texas
`
`Patents
`
`8,863,223 - Mobile set top box
`
`Judge Analytics
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`12/30/21, 2:53 PM
`powered by Lex Machina®
`
` Alan D Albright
` Orlando L. Garcia
`
`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
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