K&K Jump Start/Chargers, Inc. v. Schumacher Electric Corp.

MEMORANDUM AND ORDER

SACHS, District Judge.

Pending are defendant’s motions for new trial or for judgment as a matter of law. I now decide that defendant is entitled to prevail in this patent infringement case as a matter of law, notwithstanding plaintiffs’ trial success with the jury. I rely on the second point on which I requested briefing in my post-trial memorandum, Doc. 108.

On reconsideration of a pretrial issue belatedly presented a few days before trial (Doc. 84) I conclude that Tronzo 1 controls, and that the backdating of plaintiffs’ rights to the Canadian application, which is…