TecSec, Incorporated v. International Business Machines Corporation et al, No. 1:2010cv00115 - Document 1374 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION- For good cause shown, the Court heard oral argument and granted the Dkt. 1338 Defendant's Adobe Inc's. Motion for Judgment as a Matter of Law. Signed by District Judge Liam O'Grady on 3/14/2019 (See order for further details). (acha, ) .
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TecSec, Incorporated v. International Business Machines Corporation et al Doc. 1374 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TecSec,Incorporated, Plaintiff, Civil Action No. l:10-cv-115 Hon. Liam G'Grady V. Adobe Inc.,et al. Defendants. MEMORANDUM OPINION This matter comes before the Court on Defendant Adobe Inc.'s Motion for Judgment as a Matter of Law That TecSec, Inc. Has Not Complied with 35 U.S.C. § 287(a)(Dkt. 1338). An opposition brief was filed and the Court heard oral argument. The Court granted the Motion during trial for the reasons stated from the bench and for good cause shown, and issued an Order to that effect. This Memorandum Opinion follows to more fully explain the Court's reasoning for granting the Motion from the bench. A. The Marking Motion for Judgment As a Matter of Law Was Not Moot. TecSec argues that the issue of marking is moot because of TecSec and Adobe's joint stipulation that'in light ofthe Court's ruling to exclude certain evidence relating to whether Adobe possessed pre-suit knowledge of acts constituting infringement(over TecSec's objection), TecSec will not seek damages in this trial for the time period pre-dating the filing of the present lawsuit." Dkt. 1330. The Court disagrees. The evidence the Court excluded was not related to whether TecSec complied with the marking obligations of35 U.S.C. § 287(a). Instead, it was related to the separate issue of whether Dockets.Justia.com
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