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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?