Albright Told 'Egregiously Improper' Testimony Merits Retrial

Law360 (May 12, 2021, 5:31 PM EDT) -- A company that failed to persuade a Western District of Texas jury that Roku Inc. infringed its interactive TV patents is asking for a new trial, saying that Roku presented "egregiously improper" testimony that purportedly "shocked" U.S. District Judge Alan D. Albright.

In a motion filed Monday, ESW Holdings urged Judge Albright to grant a new trial after a jury in April ruled in Roku's favor in the companies' patent fight over interactive television technology.

Among other things, ESW said that Roku "presented egregiously improper expert testimony — testimony so misleading and inconsistent with fundamental claim-construction principles that this court remarked on...

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