Patent Voir Dire Procedure

Jury selection in MV3 Partners LLC v. Roku, Inc. is set for October 1 and will mark the first jury selected for a patent trial since Judge Albright took the bench in 2018. Here are a few notable procedures for jury selection: (1) the specific Patent Juror Questionnaire; and (2) voir dire will be conducted before Magistrate Judge Manske, not Judge Albright.

Judge Albright’s Standing Orders now includes a Patent Juror Questionnaire to be filled out by prospective jurors prior to voir dire. In addition to typical demographic and biographical information, the current Questionnaire includes questions specific to some of the issues in MV3 Partners LLC v. Roku, Inc. For example:

It also includes questions likely to be common to most, if not all, patent cases:

Voir dire will be conducted by Judge Manske, who issued an Order on Voir Dire Submissions (full text below) in the case. 3 days prior to voir dire, the parties must submit their respective voir dire questions to be asked by Judge Manske as well as a one-page, joint statement of the case. Judge Manske will likely be conducting voir dire in a similar manner as his previous cases, meaning that he will be taking the lead on questioning the jury.