This month, COVID has not directly caused jury trial delays for the District of Delaware, though we don't know of any jury trials that went forward in February.
In the next few months, the Court has a busy docket, filled with patent cases and sprinkled with cases before visiting judges. In particular, Judge L. Felipe Restrepo, sitting by designation from the 3rd Circuit Court of Appeals, is scheduled to handle three out of the sixteen upcoming cases. Judge Stark is also scheduled to handle two upcoming jury trials, though this appears likely to change given his confirmation to the Federal Circuit.
February Jury Trials Off the Calendar
None of the expected February jury trials went forward, though no delay or cancellation was due to COVID.
- 2/7/2022: Skeans v. Key Commercial Finance LLC, C.A. 18-1516-CFC-SRF (D. Del.): In this fraud/estate case, Plaintiff requested that the in-person pretrial conference be adapted into a virtual one after Plaintiff’s residential community went into a COVID lockdown, preventing his physical attendance. (D.I. 117). Thereafter, the trial was postponed due to "a change in the Court's trial calendar," with the parties' consent.
- 2/14/2022: Chugai Pharmaceutical Co., Ltd. v. Alexion Pharmaceuticals, Inc., C.A. 18-1802-MN (D. Del.): The parties stayed this five-day patent trial at the last moment, according to the docket. The Court previously rescheduled it from January due to COVID concerns for witnesses and attorneys traveling from outside the U.S. (D.I. 399).
- 2/22/2022: Deshields v. JR Rents Inc., C.A. 20-1626-MN-SRF (D. Del.): Stipulated dismissal. (D.I. 48).
- 2/23/2022: Spahr v. Collins, C.A. 19-113-MN (D. Del.): The parties began settlement discussions and requested mediation to resolve the matter in lieu of trial. (D.I. 59).
Upcoming March Jury Trials
It looks like at least five jury trials, including two patent cases, are planned for March. Two of these jury trials are before Judge L. Felipe Restrepo, visiting from the 3rd Circuit Court of Appeals.
- 3/3/2022: Green v. Poorman, C.A. 20-85-SRF (D. Del.): The two-day jury trial in this prisoner civil rights case is scheduled to take place before Judge Restrepo, visiting from the 3rd Circuit Court of Appeals.
- 3/7/2022: CareDx, Inc. v. Natera, Inc., C.A. 19-662-CFC (D. Del): The new trial date in this false advertising case was chosen after the pretrial conference resulted in a need to reschedule. (D.I. 312). This trial is scheduled for March 7-10 and March 14-15 before Chief Judge Connolly.
- 3/21/2022: Dali Wireless, Inc. v. CommScope Technologies LLC, C.A. 19-952-MN (D. Del.): The pretrial conference for this patent case is scheduled for March 14, 2022, and the five-day jury trial is scheduled the following week before Judge Noreika.
- 3/21/2022: Walton v. NAI Saturn Eastern, LLC, C.A. 21-545-LFR (D. Del.): The pretrial conference for this civil rights case is scheduled for March 7, 2022, and a two-day jury trial is thereafter scheduled for March 21, 2022 before Judge Restrepo, visiting from the 3rd Circuit Court of Appeals.
- 3/28/2022: PureWick Corporation v. Sage Products, LLC, C.A. 19-1508-MN (D. Del.): The pretrial conference for this patent case is scheduled for March 21, 2022 with trial set to begin the week thereafter before Judge Noreika. The defendant indicated plans to renew its motion to stay the case with regard to one patent in view of a recent PTAB decision on the same patent. (D.I. 276). However, no further docket entries are available yet.
Upcoming April Jury Trials
At least eleven jury trials are currently scheduled for April, though this list will likely thin out over the next few months, if history is any guide. In fact, one case has already indicated signs of settling.
Five of the scheduled trials are patent cases. Two of these cases are set before Judge Stark, so it seems likely that they will be reassigned to a different judge, given his recent confirmation to the Federal Circuit. Three of the eleven cases are being handled by visiting judges, including: Judge Robert T. Dawson, Judge Joshua D. Wolson, and Judge L. Felipe Restrepo (sitting by designation from the Third Circuit).
- 4/4/2022: Wigginton v. Advance Auto Parts, Inc., C.A. 19-212-RTD-SRF (D. Del.): The parties have filed a stipulation and agreement of settlement (D.I. 355-1) in this securities case, so the five-day jury trial before Judge Andrews is likely to come off the calendar.
- 4/4/2022: USA v. Copeland, C.A. 20-74-RGA (D. Del.): The four-day jury trial in this criminal case is scheduled before Judge Andrews.
- 4/4/2022: Lin v. Delaware Department of Education, C.A. 20-490-RTD (D. Del.): After defendant failed to file a timely summary judgment motion and was denied leave to file a motion out of time, and the jury trial before Judge Dawson, visiting from the Western District of Arkansas, will proceed on April 4, 2022. (D.I. 27).
- 4/6/2022: Microchip Technology Incorporated v. Aptiv Services US LLC, C.A. 17-1194-JDW (D. Del.): The pretrial conference in this patent case is set for April 4, 2022 with the jury trial before Judge Wolson, visiting from the Eastern District of Pennsylvania, to begin the same week.
- 4/7/2022: Osseo Imaging, LLC v. Planmeca USA Inc., C.A. 17-1386-LPS (D. Del.): After the parties submitted letters indicating travel difficulties arising from COVID (D.I. 163), the patent trial was rescheduled from October to April. The pretrial conference is scheduled for March 24, 2022. Judge Stark is handling this case, but because he has been confirmed to the Federal Circuit, this case may be reassigned to a different judge before trial.
- 4/11/2022: USA v. Hall, C.A. 17-82-RGA (D. Del.): The jury trial is estimated to last between 7 to 10 days before Judge Andrews after a pretrial conference scheduled for March 24, 2022.
- 4/13/2022: Mayhall v. Burris, C.A. 19-75-LFR (D. Del.): A three-day jury trial in this prisoner civil rights case is scheduled before Judge Restrepo.
- 4/18/2022: USA v. Colon, C.A. 17-47-LPS (D. Del.): This criminal trial before Judge Stark may be reassigned to another judge due to Judge Stark’s confirmation to the Federal Circuit. The pretrial conference is set for April 6, 2022.
- 4/18/2022: Complete Genomics, Inc. v. Illumina, Inc., C.A. 19-970-MN (D. Del.): This patent case has a pretrial conference scheduled for April 11, 2022 and a 10-day jury trial before Judge Noreika thereafter. (D.I. 306).
- 4/25/2022: First Quality Tissue, LLC v. Irving Consumer Products Limited, C.A. 19-428-RGA (D. Del.): There is a five-day jury trial scheduled for this patent case, to take place before Judge Andrews, after a pretrial conference on March 25, 2022.
- 4/25/2022: Extang Corporation v. Truck Accessories Group, LLC, C.A. 19-923-KAJ (D. Del.): An eight-day jury trial in this patent case is scheduled before Judge Kent A. Jordan, sitting by designation from the 3rd Circuit Court of Appeals, after a pretrial conference set for April 1, 2022.
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