October 8th, 2012

Court Grants Lim Ruger’s Motion For Summary Judgment

October 8, 2012, Los Angeles – Lim Ruger partner Arnold Barba and associate Jane Kespradit recently obtained summary judgment for the Firm’s client, which resulted in the complete dismissal of the opposing party’s claims. The client, a flooring company, purchased from an importer/wholesaler several containers of laminate flooring products utilizing a glue-less locking mechanism patented by a company in Europe that was purportedly manufactured under license in China. After discovering the flooring was not licensed, the flooring company refused to pay for non-conforming goods and the importer/wholesaler filed suit. Lim Ruger arranged for the patent holder in Europe to appear at deposition by video-conference, with its counsel appearing by video-conference from New York, and Lim Ruger participating from Los Angeles. Lim Ruger then successfully obtained the deposition testimony of the patent holder, who testified that based on his own, independent investigation, it was his conclusion the goods at issue were not licensed. Based largely on this evidence, Lim Ruger established that the products were unlicensed and, therefore, unlawfully sold. Because the importer/wholesaler could not refute this evidence, the Court granted the flooring company’s motion for summary judgment.

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