Tama Plastic Industry v. Pritchett Twine & Net Wrap, LLC et al

Filing 316

MEMORANDUM AND ORDER denying 311 Motion for Reconsideration. Ordered by Senior Judge Lyle E. Strom. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TAMA PLASTIC INDUSTRY,

)
)
Plaintiff,
)
)
v.
)
)
PRITCHETT TWINE & NET WRAP,
)
LLC, and JOSEPH JERALD
)
PRITCHETT,
)
)
Defendants.
)
______________________________)

8:12CV324

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s motion
(Filing No. 311) that the Court partially reconsider its Markman
order (Filing No. 308).

The plaintiff objects to the Court’s

adoption of the defendants’ construction of the claim term
“knitted with.”
In the Eighth Circuit, motions for reconsideration
“‘serve a limited function:

to correct manifest errors of law or

fact or to present newly discovered evidence.’”

Arnold v. ADT

Sec. Servs., Inc., 627 F.3d 716, 721 (8th Cir. 2010) (quoting
Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir.
1988)).

Accordingly, a motion for reconsideration should be

denied absent “(1) a showing of manifest error in the prior
ruling; or (2) a showing of new facts or legal authority, neither
of which could have been brought to the court's attention earlier

with reasonable diligence.”

Activision TV, Inc. v. Bruning,

8:13CV215, 2014 WL 1350278, at *1 (D. Neb. Apr. 4, 2014)
The plaintiff argues manifest error in the Court’s
analysis of claim construction.

The plaintiff relies upon

arguments involving intrinsic evidence which the Court has
already considered in its Markman order.

The Court has reviewed

these arguments and finds them without merit.

Accordingly,

IT IS ORDERED that the plaintiff’s motion (Filing No.
311) is denied.
DATED this 15th day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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