Trials Slow-Going in Delaware Federal Court

By on October 15, 2020

In the US District Court for the District of Delaware, Judge Richard G. Andrews reset a patent infringement trial for May 2021. The case was filed in 2015. The parties completed all their pre-trial activities during the pandemic, filing a final proposed pretrial order on June 30, 2020, for a trial that was set for August 18, where the court planned to present most of the witness testimony by remote video. The defendant objected, relying on Federal Rules of Civil Procedure (FRCP) 43 and arguing: “Many courts acknowledge that remote testimony impairs a fact finder’s ability to judge credibly.” We expect to see the cited cases—Perotti v. Quinones, 790 F.3d 712, 725-26 (7th Cir. 2015); United States v. Lawrence, 248 F.3d 300, 304 (4th Cir. 2001)—frequently in the months ahead. In response, the plaintiff requested a November 2020 trial. But the trial will not happen before May 2021.

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McDermott’s litigation team monitors US courts as they reopen amid the ongoing COVID-19 public health crisis.