Federal Judiciary

JMOL motions filed in Centocor v. Abbott

By Michael C. Smith

Yesterday defendant Abbott opened the postverdict briefing in this case with a salvo worthy of a case with a $1.6 billion dollar jury verdict - five motions for judgment as a matter of law pursuant to FRCP 50.  They are helpfully numbered by Abbott and are listed below, prefaced with the docket number.  At a quick glance, they seem to track each of the jury's findings (or failure to find, in the case of Abbott's defenses):

289 - Defendants' Motion Number 1: Motion and Supporting Memorandum for JMOL or for New Trial Based on Failure to Comply with the Written Description Requirement or, in the Alternative, for Reconsideration of this Court's Claim Construction and Entry of JMOL of Non-Infringement

294 - Defendants' Motion Number 2: Motion and Supporting Memorandum for JMOL or for New Trial Based on Failure to Comply with the Enablement Requirement

 290 - Motion Number 3: Motion and Supporting Memorandum for JMOL of Non-Infringement or for a New Trial

292 - Defendants' Motion Number 4: Motion and Supporting Memorandum for JMOL or for New Trial on Issue of Willfulness

293 - Defendant's Motion Number 5: Abbott's Motion and Supporting Memorandum for JMOL or for New Trial Regarding Lost Profits and Damages Period

Full post as published by Eastern District of Texas Federal Court Practice on July 28, 2009 (boomark / email).