Page:MGE UPS Systems Inc. v. GE Consumer and Industrial Inc. (5th Cir., 20 July 2010).djvu/15

No. 08-10521 lower than the standard applied in Elcor, we conclude that the Texas Supreme Court would not adopt the burden-shifting procedures of comment f.

Accordingly, the district court erred in declining to grant GE/PMI’s Rule 50(a) motion on MGE’s misappropriation of trade secrets and unfair competition claims.

GE/PMI contends the district court erred in denying its Rule 50(b) motion at the close of the case because there was legally insufficient evidence to support the jury’s $4.6 million damage award; in denying its request to apply the One-Satisfaction Rule to MGE’s recovery under Texas law; and in concluding that damages from acts occurring before December 17, 2001 were not barred by the three-year statute of limitations under both the Copyright Act and Texas law. Additionally, MGE contends the district court abused its discretion by denying MGE’s request for prejudgment interest on damages. Because the district court erred in dismissing GE/PMI’s Rule 50(a) motion at the close of MGE’s case because MGE has failed to prove its damages claims, these arguments are moot.

GE/PMI appeals the district court’s grant of a permanent injunction against GE/PMI’s use of MGE’s software and trade secrets. We review the denial or grant of a permanent injunction for an abuse of discretion. ''Schlotzsky’s, Ltd. v. Sterling Purchasing & Nat’l Distrib. Co.'', 520 F.3d 393, 402 (5th Cir. 2008).

Section 502 of the Copyright Act authorizes the court to grant “‘final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.’” Alcatel USA, Inc. v. DGI Techs., Inc., 166 F.3d 772, 790 (5th Cir. 1999) (quoting ). GE/PMI contends that in 2005 it turned over the only infringing article, a laptop that had not been used 15