Post-trial briefing is limited to trial record
TruePosition, Inc. v. Andrew Corporation, C.A. No. 05-747-SLR, January 23, 2008.
Robinson, J. Plaintiff’s motion to register judgment is denied. Plaintiff’s motion to strike certain evidence referenced in post-trial briefing is granted. Defendant’s motion to reopen the record on equitable issues is denied.
Following pre-trial ruling that defendant’s equitable defenses of equitable estoppel and implied license would be tried to the Court and not the jury, defendant informed the Court that no additional evidence was warranted past that which was submitted at jury trial. Following trial, the jury entered a verdict in favor of plaintiff. The Court grants plaintiff’s motion to strike certain rebuttal evidence submitted by defendant during post-trial briefing on the basis that it was not part of the factual record created at trial and denies defendant’s motion to open the record for the same reason. The motion to register judgment is denied because the judgment is not final. The docket will be clarified to note that the jury verdict is subject to equitable defenses.
A copy of the full opinion is available here.
