In keeping with the standing order issued by Judge Gilstrap for jury trials that strongly discouraged jury research in the Eastern District of Texas, Magistrate Judge Love recently issued a similar order for patent case pending in the Eastern District of Texas.
In the order, Judge Love notified the parties that if either party intended to conduct jury research, the party conduct the jury research would be required to maintain information regarding the participants in the jury research. Judge Love's order stated: "The parties are notified that if either party intends to conduct mock trials, focus groups, or similar studies in preparation for trial, the party who commissions such a study shall retain, to the extent practicable, the name and address of each participant in the study."
In addition, Judge Love directed that if either party commissioned any jury research, it would have to advise the other party and the district court in writing so that the prospective juror list could be cross referenced against any participants in the jury research. "Any party who commissions such a study shall advise the other party to the case, as well as the court, in writing, that such a study occurred by January 25, 2017. Upon receipt of any jury list, the party who commissioned the study shall immediately cross-reference the jury list with the identities of the participants and advise the other party and the court of any prospective juror who participated in any study. Before jury selection, the party who commissioned the study shall provide the names and addresses of all participants in the study to the court in camera."
The order for this specific case is very similar to the standing order issued by Judge Gilstrap a few years ago.
3rd Eye Surveillance, LLC v. The City of Forth Worth, Case No. 6:14-cv-725 (E.D. Tex. Jan. 12, 2017)
The authors of www.PatentLawyerBlog.com are patent trial lawyers at Jeffer Mangels Butler & Mitchell LLP. For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com.