Kolcraft Enterprises, Inc. v. Graco Children's Products, Inc. et al

Filing 432

MOTION by Defendant Artsana USA, Inc. for judgment Renewed Motion for Judgment as a Matter of Law Pursuant to Fed.R.Civ.P. 50(b) (Borcia, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
KOLCRAFT ENTERPRISES, INC.,
Case No. 09 CV 03339
Plaintiff,
Judge Edmond E. Chang
v.
CHICCO USA, INC,
Defendant.
DEFENDANT ARTSANA USA, INC.’S RENEWED MOTION FOR JUDGMENT
AS A MATTER OF LAW PURSUANT TO FED.R.CIV.P. 50(b)
Defendant, Artsana USA, Inc. (“Artsana”), by and through its undersigned counsel,
pursuant to Fed.R.Civ.P. 50(b) hereby respectfully moves this Honorable Court for an Order
granting Judgment as a Matter of Law, and in support thereof states as follows:
(1)

The jury’s verdict of infringement of claim 20 by the Artsana Products PTX-7, 8,

9, and DTX-296 is not supported by substantial evidence;
(2)

The jury’s verdict of infringement of claim 28 by the Artsana Products PTX-8 and

PTX-9 is not supported by substantial evidence;
(3)

Kolcraft failed to satisfy its burden of proving indirect infringement for all of the

Artsana Products;
(4)

Kolcraft failed to establish willful infringement;

(5)

Kolcraft failed to satisfy its burden of proving reasonable royalty damages;

(6)

Kolcraft’s Georgia-Pacific testimony does not support an increased baseline

royalty; and
(7)

Kolcraft did not establish that it was entitled to damages on method claims 28-31.

In further support of its Motion, Artsana refers the Court to its accompanying
Memorandum.
WHEREFORE, Defendant, Artsana USA, Inc. hereby respectfully moves this Honorable
Court enter an Order granting it Judgment as a Matter of Law.
ARTSANA USA, INC.
By: s/James K. Borcia
One of Its Attorneys
James K. Borcia ([e-mail])
TRESSLER LLP
233 S. Wacker Drive, 22nd Floor
Chicago, IL 60606
[phone]
Anthony S. Volpe ([e-mail])
Ryan W. O’Donnell ([e-mail])
Max. S. Morgan ([e-mail])
VOLPE AND KOENIG, P.C.
30 South 17th Street -18th Floor
Philadelphia, PA 19103
[phone]
JKB/cmj/4826-4834-2901/9023-1-51

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