Taurus Has Two More To Appeal

Posted on | July 30, 2008 | No Comments

2008-1474 and 1477 Taurus IP v. Hyundai
2008-1475 Taurus IP v. Ford
WD/WI 07-cv-477 and 07-cv-481
Judge Barbara Crabb

Taurus has appealed two other cases "related" to the appeal in 2008-1462 to 1465, Taurus IP v. DaimlerChrysler (reported here).  In Ford and Hyundai, Taurus stipulated that it could not prevail based on Judge Crabb’s decisions on claim construction and invalidity in the DaimlerChrysler case.

Hyundai has also filed an appeal based on an
apparent filing mistake by the clerk.  While the stipulations were done months ago,
the judgment dismissing the case was not supposed to be entered until
after the DaimlerChrysler case was concluded.  However, the clerk
apparently entered the judgment in Hyundai immediately after the stipulation–thus starting the clock on the time to file an appeal.
Taurus did not notice or do anything until 65 days after the judgment
was entered–after the appeal time and when Hyundai filed a motion for attorney’s fees.

Judge Crabb vacated the earlier judgment under Civil Rule 60(b) and
then reentered it–thus restarting the appeal time.  While the court noted that Taurus should have caught the problem and that vacating judgments to re-start the appeals time was not generally proper, the parties and the court had agreed to the delayed entry of the judgment.  The court denied
Hyundai’s motion for attorney’s fees–without prejudice.

More reading:

Hyundai Stipulation

Hyundai Order on Vacating Judgment

Ford Stipulation

Counsel:

Taurus: Reinhart Boerner Van Deuren S.C., Milwaukee (David Hanson), and David Michael Pridham, Kajeer Yar, and Michael John Newton.

Hyundai: Winston & Strawn LLP, D.C. (Anne W. Stukes, Gene Schaerr, Peter C. McCabe) and Lathrop & Clark LLP (Kenneth Axe).

Ford: Howrey LLP (David Brian Fournier, Robert Unikel, Ryan E. Lindsey, Thomas R. Burns, Gary Fischman, Matthew J. Moore) and Michael Best & Friedrich LLP, Madison (Shane Brunner).

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