Eagle Harbor Holdings, LLC, et al v. Ford Motor Company, 3-11-cv-05503 (WAWD May 26, 2015, Order) (Settle, J.)
Thursday, May 28, 2015
No Judgment of Noninfringement as to Claims Abandoned Due to Court Ordered Narrowing
The court granted in part defendant's motion for judgment as a matter of law as to plaintiff's abandoned claims. "[Defendant] presents an issue that has not been directly addressed by the Federal Circuit and upon which at least two district courts disagree. . . . [I]t would be fundamentally unfair and plain error for the Court to enter judgment against [plaintiff] on all of its abandoned claims because [plaintiff] was under Court order to narrow its claims to thirty-five. On the other hand, with regard to the thirty-five claims that [plaintiff] litigated, [defendant] is entitled to judgment on its counterclaim. . . . Although [plaintiff] withdrew or voluntarily dismissed all but five claims, [defendant] did not amend its counterclaim [for declaratory judgment of non-infringement] to correspond to [plaintiff's] dismissals. Therefore, the Court concludes that [defendant] is entitled to judgment on the thirty claims that the Court allowed [plaintiff] to pursue through trial, but failed to offer evidence on at trial."