The COVID-19 pandemic has forced many aspects of patent litigation online, but to date that has not included jury trials. Indeed, when Eastern District of Texas Judge Rodney Gilstrap paused all jury trials due to worsening infection rates in November, he explicitly rejected the possibility of holding such trials virtually, arguing that face-to-face interactions are essential to due process. However, the Western District of Washington now appears poised to test that proposition. On Monday, January 25, District Judge Thomas S. Zilly will launch the nation’s first patent jury trial to be held over Zoom, in litigation filed by Ironburg Inventions Limited against Valve.
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