Texas Patent Judges Diverge On Pandemic Trial Protocols

Winston attorneys have been covering Judge Albright’s trial on Winston’s WacoWatch blog and a former partner, who is covering the trial on the ground, recently spoke with Law360 about trial protocols amidst the pandemic. 

Judge Gilstrap and Judge Albright, two of the busiest patent judges in the country, have taken different approaches to COVID-19 safety precautions as they’ve resumed in-person jury trials in Texas, with face-covering preferences and scheduling flexibility among the biggest points of contrast.

The Roku trial is Judge Albright's first patent jury trial since taking the bench in 2018, and he attended to learn more about a court where many of his Austin clients will have litigation. He said it was his first time being in a courtroom since the pandemic began and that face masks didn’t seem to get in the way of the trial.

“You wouldn’t have a challenge that your opponent wouldn't also have,” he said. “It’s more difficult to connect with people the way you normally would connect with them, but the jurors seem to be paying attention.”

View the full Law360 article here (subscription required).

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