Waco In-Person Patent Jury Trial Postponed After Parties’ Joint Request

Pursuant to the parties’ joint stipulation and request, Judge Albright has agreed to postpone a February in-person jury trial in a Waco patent case. On January 8, the parties in Digital Retail Apps, Inc. V. H-E-B, LP filed a joint stipulation asking the Court to postpone the February 19 jury trial in light of the COVID-19 pandemic.

The case was originally filed in the Waco Division in February 2019 and set for trial January 11, 2021. In August 2020, trial and jury selection was reset for February 19, 2021. Last week, the parties explained to the Court that the “worsening COVID-19 pandemic has raised significant concerns for both Parties’ attorneys, witnesses, and experts regarding the risks posed to anyone who attends in-person trial.” They requested the Court “postpone the trial date from February 19 to an available date in April in order to allow the COVID-19 situation to ameliorate.” On Wednesday, Judge Albright signed their agreed order postponing the trial.