A Blog About Intellectual Property Litigation and the District of Delaware


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COVID-19, CDC/Hannah A Bullock; Azaibi Tamin

The District of Delaware's current coronavirus-related standing order banning jury trials expires Tuesday, 9/15.

When it expires, the Court will allow jury trials under its Phase 2 guidelines, starting with only a single jury at a time, and prioritizing criminal cases.

So far there has been no indication that the Court will extend the ban, although the previous extension occurred on day the last order expired.

Upcoming trials were rescheduled in a total of five cases this week, but it looks like those were rescheduled at the parties' request (four of those cases were related to last weeks' delay in the Sprint action).

The most recent information I've seen from Judges Stark, Andrews, and Noreika is that the Court intends to move forward at least with in-person bench trials this month, and likely jury trials later in the month.

It looks from the dockets like Judges Andrews and Noreika still have in-person bench trials scheduled to start on Monday 9/14, in Horizon Pharma, Inc. v. Alkem Laboratories Ltd., C.A. No. 18-1014-RGA (D. Del.) and TriMed, Inc. v. Arthrex, Inc., C.A. No. 18-666-MN (D. Del.). And as Chief Judge Stark mentioned, he hopes to restart jury trials this month after his pending remote bench trial in Xcoal.

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