Reconsideration granted after court reviews proper record
Padcom, Inc. v. Netmotion Wireless, Inc., No. 03-983-SLR, Mar. 8, 2006.
Robinson, J. Motion for reconsideration granted. Various requests for clarification are addressed.
Court finds Defendant raises a material issue of fact with respect to certain limitations after reviewing the correct exhibit 23. Summary judgment for plaintiff remains granted with respect to other limitations. Plaintiff must show a specific alleged act that is a wrongful interference, as opposed to a series of events, for its unfair competition claim. The court declined to take a broad approach to this tort, and found certain specified acts insufficient as a matter of law. Plaintiff may not supplement the record at trial as to such acts. The allegation of misleading potential customers regarding the financial stability of plaintiff and the buy-back program remains for trial. The testimony of plaintiff’s lead counsel is excluded.
