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Civil Procedure Keyed to Rowe
Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc.
Citation:546 U.S. 394 (2006)
After Swift-Eckrich (Defendant) sent a warning to Unitherm (Plaintiff) that it was infringing one of their patents, Uniterm sued, alleging that the defendant had violated a federal antitrust law by attempting to enforce a patent obtained by fraud. Swift-Eckrich countersued for patent infringement. Before the case was submitted to the jury, the defendant moved for a directed verdict under Rule 50(a) based on legal insufficiency of the evidence. The district court denied the motion, and the jury returned a verdict for the plaintiff. The defendant did not renew the motion for judgment as a matter of law after the verdict, nor did they move for a new trial. The appeals court found the evidence insufficient to support the jury’s verdict, so it reversed the verdict and ordered a new trial.
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