Duhn Oil Tool Inc v. Cooper Cameron Corporation
Filing
707
ORDER re 706 Motion for Entry of Judgment, Motion for Judgment as a Matter of Law and Requiring Retrial on Certain Issues. (Coffman, Lisa)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:05-cv-01411-OWW-GSA
DUHN OIL TOOL, Inc.,
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Plaintiff,
ORDER RE: MOTION FOR ENTRY OF
JUDGMENT, MOTION FOR JUDGMENT
AS A MATTER OF LAW
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v.
COOPER CAMERON CORPORATION,
Defendants.
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ORDER
For the reasons stated in the Memorandum Decision, IT IS
ORDERED:
1) As a new trial is required on the defense of anticipation,
entry of judgment is not appropriate at this time;
2) Plaintiff’s motion for judgment as a matter of law on
Defendant’s claims of obviousness is GRANTED;
3) Plaintiff’s alternative request for a new trial on the
issue of obviousness is conditionally GRANTED pursuant to Rule
50(c);
4) This case shall be reset for trial on the defense of
anticipation. In the event Defendant prevails, judgment shall
be entered against Plaintiff on all Plaintiff’s claims and in
favor of Defendant.
If Plaintiff prevails, judgment in favor
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of Plaintiff shall in all respects be entered for Plaintiff
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and against Defendant on liability and damages.
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IT IS SO ORDERED.
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Dated:
hkh80h
September 30, 2011
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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