Monode Marking Products, Inc. v. Columbia Marking Tools, Inc., No. 1:2018cv00016 - Document 124 (N.D. Ohio 2021)

Court Description: Memorandum Opinion and Order re 87 Limited Motion for Summary Judgment of Non-Infringement filed by Columbia Marking Tools, Inc. At this stage of the proceeding, there is insufficient evidence to support a Motion for Summar y Judgment on the limited issue before the Court. Both sides have presented some evidence to support their respective position on the existence of a system integrity verification protocol within the accused products, and there are conflicting expert opinions and testimony. Because discovery is not complete and Monode only recently obtained the source code that is critical to the determination of this issue, it is conceivable that additional discovery and investigation could uncover evidence suff icient to justify revisiting this issue at a later point in the proceedings. Indeed, the Court has recently allowed both parties to revise their Final Contentions based on new theories of liability raised by Monode's acquisition of the source code. Therefore, CMT's Limited Motion for Summary Judgment is DENIED, but without prejudice to re-raising the issue at a later date, if appropriate. IT IS SO ORDERED. Judge Donald C. Nugent on 06/01/2021. (R,AP)

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Monode Marking Products, Inc. v. Columbia Marking Tools, Inc. Doc. 124 Dockets.Justia.com

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