In light of the ongoing delays in restarting patent jury trials, and the rising COVID-19 numbers nationwide, it's no surprise to see Judge Andrews recognize that parties may be better served by having a bench trial in the near future rather than waiting an indeterminate time for a jury to be available:
ORAL ORDER: The court doubts that a jury trial will be feasible on Feb. 1. On the other hand, a bench trial would be very feasible. The parties are requested to discuss with each other whether they would mutually agree to a bench trial on Feb. 1, and, if they both do agree, report that fact to the court by no later than Dec. 9. If one or both do not agree, then the court wants only to be told that they do not agree. Ordered by Judge Richard G. Andrews on 12/2/2020. (nms) (Entered: 12/02/2020)
The Court has continued to refine its remote- or semi-remote trial procedures and has had multiple successful post-COVID bench trials at this point. I've also heard it suggested that remote hearings and even trials may continue to be an option post-COVID, in some cases and with some judges, because of how well they are working out.
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