It has been a while since we posted an update on upcoming jury trials in the District of Delaware.
The most recent news from the Court is that Chief Judge Stark still believes that jury trials are feasible, using the Court's enhanced jury trial procedures, and the Court intends to proceed with trials as they come up.
[UPDATE: If you arrived here via a Google search, make sure to check out our latest posts on this issue here.]
The next jury trial is set for January 25, and then there are multiple trials scheduled for mid- to late-February:
- January 25, 2021: Judge Noreika has a jury trial scheduled in a breach of contract action, Novel Drug Solutions, LLC et al v. Harrow Health, Inc., C.A. No. 18-539-MN (D. Del.). Back in November, Judge Noreika denied a joint request from the parties to delay the trial due to coronavirus concerns, and since then the docket has been active with the usual pretrial filings. It looks like this one is on track to go forward. [UPDATE: After a teleconference with the parties, this trial was "continued to dates TBD."]
- February 17, 2021: Judge Connolly has a jury trial scheduled in a criminal action, U.S. v. Joanna L. Crane, C.A. No. 20-51-CFC (D. Del.). This trial date was set in November 2020, and nothing on the docket indicates a delay.
- February 22, 2021: Judge Connolly has a second criminal jury trial scheduled, in U.S. v.
Davine Boyce, C.A. No. 20-43-CFC (D. Del.). - February 22, 2021: Judge Andrews has a patent jury trial scheduled in TQ Delta LLC v. 2Wire Inc., C.A. No. 13-1835-RGA (D. Del.). The parties filed a letter last week, however, in which plaintiff sought to maintain the trial date but defendant asked for it to be removed due to coronavirus concerns. The Court has not yet acted on the letter.
- February 22, 2021: Judge Noreika has a patent jury trial scheduled in Finjan LLC v. Rapid7, Inc., C.A. No. 18-1519-MN (D. Del.). The filings on the docket indicate that the trial may still be going forward.
Given that the Court has a set capacity of one jury trial at the time, two of the three February 22 trials seem likely to move.
Meanwhile, there have been a few additional trial delays:
- Postponed or canceled: February 8, 2021 jury trials in Lipocine Inc. v. Clarus Therapeutics, Inc., C.A. No. 19-622-WCB (D. Del. Dec. 28, 2020) and University of Massachusetts Medical School v. L'Oreal SA, C.A. No. 17-868-CFC (D. Del. Dec. 22, 2020) were postponed or canceled due to COVID. The University of Massachusetts trial was rescheduled to June 9, 2021.
- Date undetermined: In Blackbird Tech LLC d/b/a Blackbird Technologies v. ELB Electronics, Inc., C.A. No. 15-56 (D. Del. Dec. 21, 2020), the Court held a pretrial conference last month but the trial date remains undetermined.
- Converted to bench trial: In Wonderland Switzerland AG v. Evenflo Company, Inc., C.A. No. 18-1990 (D. Del. Dec. 9, 2020), after the Judge Andrews doubted the feasibility of an early February jury trial, the parties agreed to a remote bench trial instead.
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