Motion to reinstate earlier breach of contract decision is granted
Callaway Golf Company v. Acushnet Company, Civ. No. 06-091-SLR, January 13, 2011.
Robinson, J. Plaintiff’s motion to vacate the dismissal of the breach of contract claim and reinstate earlier opinion is granted.
The parties reached a settlement in this patent dispute, the agreement containing a dispute resolution clause which provided that the District of Delaware Court would be the sole venue for disputes arising out of the patents. The parties stipulated that the court would retain jurisdiction for disputes arising out of the agreement but did not include a “so ordered” line. After unsuccessful mediation, defendant filed reexamination requests and plaintiff amended the complaint to add a breach of contract claim. The court granted plaintiff’s breach of contract motion and a jury trial was held, the jury upholding the validity of all but one claim. Defendant moved to dismiss the breach of contract claim and vacate the earlier opinion based on lack of subject matter jurisdiction. This court reluctantly granted that motion. Plaintiff then pursued the contract claim in Chancery Court, which suggested a joint motion to the District Court, which reopened the matters and entered modified dismissals dealing with the jurisdictional issues. The Federal Circuit reversed in part, remanded, and a second trial was held resulting in a defense verdict. The issue now is the timeliness of the Rule 60 motion. The court finds it is timely, vacates the order dismissing the breach of contract claim, and reinstating the opinion granting plaintiff’s motion for summary judgment on breach of contract.
