12/30/21, 2:53 PM
`
`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
`
`Fish & Richa...
`News, cases, companies, firm
`
`Try our Advanced Search for more refined results
`
`Fish & Richardson
`My Account
`Emails & Alerts
`Newsletter Signup
`
`Close
`
`News, cases, companies, firm
`Search
`
`Search Law360
`Search News Only
`Search Cases Only
`Search PTAB Only
`Search TTAB Only
`
`Advanced Search
`
`Law360
`Law360 UK
`Law360 Pulse
`Law360 Employment Authority
`Law360 Tax Authority
`Law360 Insurance Authority
`
`Products
`Lexis®
`Law360 In-Depth
`Law360 Updates
`Law360 Podcasts
`
`Rankings
`Regional Powerhouses
`Law360's MVPs
`Glass Ceiling Report
`Law360 400
`Diversity Snapshot
`Practice Groups of the Year
`Rising Stars
`Titans of the Plaintiffs Bar
`
`Sections
`Adv. Search & Platform Tools
`Browse all sections
`Banking
`Bankruptcy
`Class Action
`Competition
`Employment
`Energy
`Expert Analysis
`Insurance
`Intellectual Property
`Product Liability
`Securities
`
`Beta Tools
`Track docs
`
`https://www.law360.com/articles/1299933
`
`1/7
`
`1
`
`APPLE ET AL. 1025
`
`

`

`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
`
`12/30/21, 2:53 PM
`Track attorneys
`Track judges
`
`Site Menu
`Join the Law360 team
`Search legal jobs
`Learn more about Law360
`Read testimonials
`Contact Law360
`Sign up for our newsletters
`Site Map
`Help
`
`Intellectual Property Securities Bankruptcy Competition Employment White Collar Legal Industry Access To
`Justice Law360 UK Pulse || See all sections
`
`Which firms made the Law360 Pulse Prestige Leaders list?
`Click here to find out.
`
`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
`https://www.law360.com/articles/1299933
`
`2/7
`
`2
`
`

`

`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.
`
`0 Comments
`
`Sign In To Comment
`
`Useful Tools & Links
`
`Add to Briefcase
`Save to PDF & Print
`Rights/Reprints
`Editorial Contacts
`
`Related Sections
`
`https://www.law360.com/articles/1299933
`
`3/7
`
`3
`
`

`

`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
`
`12/30/21, 2:53 PM
`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
`https://www.law360.com/articles/1299933
`
`4/7
`
`4
`
`

`

`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
`
`The 2021 Regional Powerhouses
`
`The law firms on Law360's list of 2021 Regional Powerhouses are handling some of the biggest deals and most
`high-profile courtroom battles across eight states, offering clients regional expertise and making a lasting impact
`on the law at the state and local level.
`
`Top 10 trending in Intellectual Property
`
`1Fed. Circ. Judge Warns Of Confusion In Patent Appeals
`2Judge Told CardioNet Owes $2.9M In Fees For 'Misconduct'
`34 Big Issues That Shaped The PTAB In 2021
`4In Rare Move, Albright Stays 5 Cases For PTAB Reviews
`5Albright's Caseload Prompts Court Admin To Eye WDTX Policy
`6New Draft Policy Will Create Obstacles For SEP Owners
`7Judge Awards $13M In Moving Co. TM, Cybersquatting Fight
`8NFL, Fanatics Accused Of Monopolizing Amazon Market
`9The Biggest Trademark Rulings Of 2021
`10Albright Transfer Drama Will Keep Eyes On Texas In 2022
`
`Hello! I'm Law360's automated support bot.
`
`How can I help you today?
`https://www.law360.com/articles/1299933
`
`5/7
`
`5
`
`

`

`12/30/21, 2:53 PM
`
`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
`
`For example, you can type:
`
`I forgot my password
`I took a free trial but didn't get a verification email
`How do I sign up for a newsletter?
`
`Ask a question!
`
`×
`
`© 2021, Portfolio Media, Inc. | About | Contact Us |
`Legal Jobs | Advertise with Law360 | Careers at
`Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map
`
`Ask a question!
`
`Already have access? Click here to login
`Get instant access to the one-stop news source for business
`lawyers
`
`Register Now!
`Sign up now for free access to this content
`
`Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters
`
`Email (NOTE: Free email domains not supported)
`
`First Name
`
`Last Name
`
`Password (at least 8 characters required)
`
`Confirm Password
`
`Select at least one primary interest:
` Access To Justice
` Asset Management
` Benefits
` Capital Markets
` Commercial Litigation Uk
` Construction
` Corporate Crime & Compliance
`
`Uk
`
` Environmental
`https://www.law360.com/articles/1299933
`
` Aerospace & Defense
` Banking
` California
` Class Action
` Competition
` Consumer Protection
` Cybersecurity & Privacy
` Employment
` Financial Services Uk
`
` Appellate
` Bankruptcy
` Cannabis
` Commercial Contracts
` Compliance
` Corporate
` Delaware
` Energy
` Fintech
`
`6/7
`
`6
`
`

`

`12/30/21, 2:53 PM
` Florida
` Government Contracts
` Illinois
` Insurance Uk
` International Trade
` Massachusetts
` Native American
` Pennsylvania
`
`Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge - Law360
` Food & Beverage
` Georgia
` Health
` Hospitality
` Immigration
` Insurance
` Intellectual Property
` International Arbitration
` Legal Ethics
` Life Sciences
` Media & Entertainment
` Mergers & Acquisitions
` New Jersey
` New York
` Personal Injury & Medical
` Private Equity
`Malpractice
` Product Liability
` Real Estate
` Public Policy
` Project Finance
` Sports & Betting
` Securities
` Retail & E Commerce
` Texas
` Telecommunications
` Technology
` White Collar
` Trials
` Transportation
`Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.
`
`You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.
`
`We take your privacy seriously. Please see our Privacy Policy.
`Register
`×
`
`Sign up for our Intellectual Property newsletter
`
`You must correct or enter the following before you can sign up:
`
`Please provide a professional email:
`Select more newsletters to receive for free
`
`Law360 takes your privacy seriously. Please see our Privacy Policy.
`No Thanks Sign up now
`
`Thank You!
`
`https://www.law360.com/articles/1299933
`
`7/7
`
`7
`
`