Tag: Virginia

Federal court will conduct three-week patent trial via Zoom

A federal judge in the Eastern District of Virginia has ordered a patent infringement trial to proceed as scheduled on May 6. The entire trial will be conducted through the Zoom videoconferencing platform. It is expected to take about three weeks.

Plaintiff Centripetal Networks, Inc. alleges that Cisco Systems is infringing five of its patents for network technology. The case was filed in early 2018.

Cisco opposed the Zoom trial, arguing first that it would expose its proprietary technology to the public, and second that if the trial were to go forward via videoconference, it would be safer to hold it through Webex rather than Zoom. Cisco owns the Webex platform. The court rejected both arguments.

Earlier this month, a Texas state court held a one-day bench trial via Zoom. But this is a much more complex case, involving multiple claims, patents, and witnesses. If it proves successful, it may open the door to many more bench trials being conducted remotely. If the court and parties encounter major technical glitches, however, it may set back the movement for remote trials considerably.

Judge finds a First Amendment right to access civil complaints without delay

A federal judge in Virginia has concluded that there is a qualified right to review state court civil complaints immediately after they are filed. The judge’s ruling came after the Courthouse News Service sued Virginia state court officials, alleging that court clerks in two counties were instructed not to provide access to new complaints until the documents had been scanned and uploaded to a public access terminal.

The federal court declined to issue an injunction in the case, noting that state court officials appeared to be trying to comply with their obligations in good faith. The court required the parties to appear for a joint status conference in August to discuss the level of access provided by the defendants.

There is always a certain tension between the public’s right to know about civil cases brought in its court system, and respect for private litigants. But there is no question that the right balance here falls in favor of First Amendment rights. Litigants are free to seek orders that seal or otherwise protect their court filings in appropriate circumstances.