MSC.Software Corporation v. Altair Engineering, Incorporated et al

Filing 1103

ORDER OVERRULING MSC'S OBJECTIONS TO TTS DEFINITIONS (DOC. 1099) Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MSC.SOFTWARE CORPORATION,
Plaintiff,
Case No. 07-12807
v.
HON. AVERN COHN
ALTAIR ENGINEERING, INC.,
et al.,
Defendants.
__________________________________/
ORDER OVERRULING MSC’S OBJECTIONS TO TTS DEFINITIONS (Doc. 1099)
This is a business dispute tried to a jury. The Court set aside a jury’s
$26,100,000.00 verdict in favor of MSC and granted Altair a new trial on the issue of
damages for breach of confidentiality/misappropriation of three MSC-owned technical
trade secrets (TTS) (Doc. 925).
Defining the three TTS has been an issue almost since the case was filed.
Eventually, the Court appointed Professor Lee Hollaar as a Technical Advisor to advise
as to a description of each TTS. (Doc. 1001). The Court also directed the parties to
submit their respective TTS definition proposals along with full copies of the record
support for their proposals. See Doc. 1009. Professor Hollaar was then directed to
evaluate each parties’ proposal and select the definition for each TTS that was most
consistent with the trial record. Id. Professor Hollaar recommended selection of the
TTS definition submitted by Altair. (Doc. 1082).

After reviewing the parties’ submissions to Professor Hollaar, Professor Hollaar’s
recommendation, and the parties’ objections and responses, the Court adopted
Professor Hollaar’s recommendation to select Altair’s set of TTS definitions. (Doc.
1081-1). The Court gave any objecting party an opportunity to schedule a hearing.
(Doc. 1081). MSC requested a hearing which was held on February 29, 2016.
Following the hearing, the Court gave MSC an opportunity to file written objections.
See Doc. 1097. MSC filed objections. (Doc. 1099).
Having reviewed the objections, the Court finds no grounds to reconsider its
decision to adopt Professor Hollaar’s recommendation. The recommended definitions
of each TTS which were submitted by Altair most accurately reflect the evidence
presented in the first trial as to each TTS. Professor Hollaar’s background and prior
experience in this case made him qualified to evaluate the definitions and make a
recommendation. Accordingly, MSC’s objections are OVERRULED.
SO ORDERED.
S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: March 29, 2016
Detroit, Michigan

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