There has been only one pandemic-era, in-person jury trial in a patent case, held this month in the U.S. District Court for the Eastern District of Texas. A jury trial in another East Texas patent case was postponed last week, with the judge citing a coronavirus outbreak in the region.
Many courts continue to be cautious.
The District of Delaware has delayed all jury trials. The Northern District of California, which also handles a number of patent cases, said there will be no new jury trials at least until October, but judges can “offer bench trials by video conference in lieu of postponement.”
When jury trials do return, there will be judges who give priority to criminal cases over civil disputes, including patent cases, attorneys say. This could create additional delays.
