KKG v. Reynolds Consumer Products, 2:11cv012 (10/7/13)
Judge: Rodney Gilstrap
Holding: Motion to Alter or Amend Judgment DENIED; Motion for Order Taxing Disputed Costs SET FOR HEARING
As I posted back in June, a Marshall jury in Judge Rodney Gilstrap's court found for defendant Reynolds Consumer Products in a patent infringement case brought by KKG, LLC dealing with crock pot liners. The jury also found that the single asserted claim had not been shown to be invalid by clear and convincing evidence.
Yesterday, Judge Gilstrap ruled on plaintiff KKG's motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e) by removing defendant Reynolds as the prevailing party in this matter. Plaintiff contended that neither side should be granted prevailing party status because the jury rejected both its claim of infringement and Reynolds' invalidity defenses.
After reviewing the applicable law on "prevailing party" status as well as the litigation docket in the record at trial, Judge Gilstrap concluded that "there can be no dispute that the principal issue over the lifetime of this case and tried before the court was KKG's claim of infringement ... [and] [o]n that issue, Reynolds is the prevailing party." Accordingly the motion to alter or amend the judgment was denied.
Also addressed in the motion was defendant Reynolds' motion for an order taxing disputed costs. Judge Gilstrap scheduled that motion for hearing, with the parties' lead counsel directed to appear at the hearing, spaceand directed the parties to meet and confer prior to such hearing an effort to resolve the remaining areas of disagreement "without having to take up the court's limited resources to sort through invoices and agreements that the parties able counsel should be able to resolve through meeting, conferring, and compromising. The parties are expected to make every effort to submit an "agreed" bill of costs to the court." In the event that they cannot, the parties were directed to file a notice with the Court of the remaining areas of disagreement.