BOS GMBH & Co. KG et al v. Macauto USA, Inc. et al

Filing 90

ORDER granting 86 Motion to Amend Judgment. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BOS GMBH & CO. KG, et al.
4:17-CV-10461-TGB
Plaintiff,

ORDER GRANTING MOTION
TO AMEND JUDGMENT

vs.
MACAUTO USA, INC., et al.,
Defendants.
This Court issued an Opinion and Order resolving cross-motions
for summary judgment. ECF No. 83. On February 24, 2021, Plaintiffs
filed a Motion to Amend Judgment to Incorporate Grant of Summary
Judgment of No Literal Infringement. ECF No. 86. Defendants
responded indicating they did not oppose the motion and included a
stipulation on the issue from both parties. ECF No. 89.
Having reviewed the Parties’ submissions, as well as the original
Opinion and Order, the Court finds good cause for Plaintiffs’ request to
amend this Court’s prior Judgment (ECF No. 85) to add a grant of
summary judgment of no literal infringement in favor of Defendants.
Summary judgement on the issue of literal infringement is appropriate
for the reasons previously explained by the Court. ECF No. 83,
PageID.5954-58. In addition, the Court confirms that Defendants’

motion for summary judgment of no infringement under the doctrine of
equivalents is denied, the Court having found that there are triable
issues of fact with regard to that issue. Id. at PageID.3958-61.
The Motion to Amend (ECF No. 86) is therefore GRANTED, and
the Clerk is directed to enter the Amended Judgment.
SO ORDERED, this 16th day of March, 2021.

BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge