CUMMINS-ALLISON CORP. v. SBM CO., LTD.

Civil Action No. 9:07CV196.

584 F.Supp.2d 916 (2008)

CUMMINS-ALLISON CORP., Plaintiff, v. SBM CO., LTD., (formerly known as Shinwoo Information & Telecommunications Co. Ltd.) and Amro-Asian Trade, Inc., Defendants.

United States District Court, E.D. Texas, Lufkin Division.

November 3, 2008.


Attorney(s) appearing for the Case

Clyde Moody Siebman of Siebman Reynolds Burg & Phillips LLP, Sherman, TX, Edward L. Foote and Scott J. Szala of Winston & Strawn, Justin D. Swindells and Stephen G. Rudisill of Nixon Peabody LLP-Chicago, Chicago, IL, J. Thad Heartfield of The Heartfield Law Firm, Beaumont, TX, Jeffrey G. Knoll of Cummins-Allison Corp., Mt. Prospect, IL, for Plaintiff.

Charles J. Rogers and Thomas Loyd Warden of Conley Rose, P.C., Houston, TX, Michael Joseph Truncale of Orgain Bell & Tucker-Beaumont, Beaumont, TX, for Defendants.


ORDER

RON CLARK, District Judge.

Before the court are the parties' responses to the court's July 9, 2008 Order indicating it would consider submitting to the jury a question on future damages. Defendants have not responded. Plaintiff objects, asserting that because it is entitled to a permanent injunction if the jury finds infringement, submission of a question on a future royalty rate would confuse...

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