Amphenol Corporation v. Paul

Filing 189

ORDER denying 150 motion for attorney fees. Signed by Judge Alfred V. Covello on January 24, 2014. (Meskill, J)

3:13-cv-826 (AVC) January 24, 2014. The plaintiff’s [150] motion
for attorney’s fees is DENIED. Section 7 of Amphenol’s
Intellectual Property Agreement (“IPA”), which Paul agreed to
and signed states:
I recognize that irreparable and incalculable injury
may result to Amphenol, its business and property, in
the event of a breach by me of the restrictions
imposed by this Agreement. I therefore agree that in
the event of any such breach, Amphenol shall be
entitled, in addition to any other remedies and
damages, to an injunction restraining further
violation of such restrictions by me and by any other
person for whom I may be acting or who is acting for
me or in concert with me. If Amphenol is awarded an
injunction or other remedy in connection with the
enforcement of such restrictions, I further agree to
pay all costs and expenses (including attorney's fees)
reasonably incurred by Amphenol in such enforcement
effort.
In the recent [186] ruling granting the defendant’s motion
for summary judgment, the court concluded that the
defendant was entitled to summary judgment as to the breach
of contract claim, that is, concluding a breach of the IPA
did not occur. Therefore, the motion for attorney’s fees is
DENIED.
SO ORDERED.
_________/s/______________
Alfred V. Covello, U.S.D.J.