Page:MGE UPS Systems Inc. v. GE Consumer and Industrial Inc. (5th Cir., 20 July 2010).djvu/1



No. 08-10521

MGE UPS SYSTEMS INC

Plaintiff - Appellant - Cross-Appellee

v.

GE CONSUMER AND INDUSTRIAL INC; GE INDUSTRIAL SYSTEMS INC; GENERAL ELECTRIC COMPANY; POWER MAINTENANCE INTERNATIONAL INC

Defendants - Appellees - Cross-Appellants

Appeal from the United States District Court for the Northern District of Texas

Before BARKSDALE, GARZA, and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

MGE UPS Systems, Inc. (“MGE”) appeals the district court’s Federal Rule of Civil Procedure 50(a) dismissal of its Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”); General Electric Company (“GE”); GE Consumer and Industrial, Inc.; and GE Industrial Systems, Inc. (collectively, “GE/PMI”). MGE also appeals the district court’s denial of prejudgment interest on MGE’s damages award. GE/PMI cross appeals on four grounds: (1) whether the district court erred in dismissing GE/PMI’s Rule 50(a) motion because MGE failed to present evidence of damages, or in the