Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 273

MOTION for Judgment pursuant to RULE 50(b) MOTION filed by Akanoc Solutions, Inc., Steven Chen, Managed Solutions Group, Inc.. Motion Hearing set for 2/22/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Lowe, James) (Filed on 1/21/2010) Modified text on 1/26/2010 (cv, COURT STAFF).

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Doc. 273

Case5:07-cv-03952-JW Document273

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GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steve Chen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

LOUIS VUITTON MALLETIER, S.A., Plaintiff, vs. AKANOC SOLUTIONS, INC., et al., Defendants.

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Case No.: C 07-3952 JW Hon. James Ware DEFENDANTS' RULE 50(b) MOTION Date: Time: Ctrm: February 22, 2010 9:00 a.m. 8, 4th Floor

167072.1-10562-002-1/21/2010

DEFENDANTS' RULE 50(b) MOTION ­ C 07-3952 JW

Dockets.Justia.com

Case5:07-cv-03952-JW Document273

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PLEASE TAKE NOTICE that on February 22, 2010 at 9:00 a.m. in Courtroom 8 of this courthouse Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steven Chen (collectively, "Defendants") will renew their motions for judgment as a matter of law. This motion is made pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, and is based on this Notice and the pleadings and documents on file in this lawsuit, and on such other evidence as may be presented at the hearing. As provided by Rule 50(b), the Defendants hereby renew their motions made under Rule 50(a) and, for the reasons set forth in their Rule 50(a) motions, including supplemental briefing, move the Court to enter judgment for Defendants as a matter of law. Pursuant to Rule 50(a), Defendants moved on August 20, 2009 at the close of the Plaintiff's case in chief for the dismissal of its contributory copyright infringement claim and its contributory trademark infringement claim. See Docket Nos. 209 & 210. As requested by the Court, Defendants filed supplemental briefs in support of their Rule 50(a) motions on October 27, 2009. See Docket Nos. 244 & 245. Those pleadings and supporting documents are incorporated herein by reference. The Court took Defendants' motions under submission. As provided by Rule 50(b), Defendants hereby renew their motions made under Rule 50(a) and, for the reasons set forth in those motions, move the Court to enter judgment for the Defendants as a matter of law, and to dismiss the case based upon Plaintiff Vuitton's failure to present evidence necessary to prove contributory infringement of its asserted trademarks or copyrights.

Dated: January 21, 2010

GAUNTLETT & ASSOCIATES

By:

s/James A. Lowe David A. Gauntlett James A. Lowe

Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc., and Steve Chen

167072.1-10562-002-1/21/2010

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DEFENDANTS' RULE 50(b) MOTION ­ C 07-3952 JW