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Ford Motor Co. v. Versata Software, Inc.

United States District Court, E.D. Michigan, Southern Division

July 25, 2018

FORD MOTOR COMPANY, Plaintiff,
v.
VERSATA SOFTWARE, INC. et al. Defendants.

          ORDER ON SUMMARY JUDGMENT HEARING AND MOTION FOR RECONSIDERATION (ECF#503)

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         In this consolidated action, there are three sets of claims currently before the Court: (1) Ford's claims in its Second Amended Complaint in No. 15-10628; (2) Versata's Counterclaims in No. 15-10628; and (3) Ford's claims in its Complaint in No. 15-11624.[1] On February 1, 2018, and February 13, 2018, Plaintiff Ford Motor Company and Defendants Versata Software, Inc., Versata Development Group, Inc., and Trilogy, Inc. (collectively, Versata”) filed cross-motions for summary judgment with respect to many of these claims. (See Ford Mot., ECF ## 354, 358; Versata Mot., ECF ## 379, 380.) Ford subsequently filed an unopposed motion for leave to supplement its summary judgment motion. (See ECF #511.) In addition, Ford has filed a motion for reconsideration of the Court's June 5, 2018, order granting Versata's motion to modify the case caption (see ECF #503), and Versata has filed a request for leave to file supplemental expert reports to address the deficiencies that the Court identified in its July 9, 2018, order resolving the parties' Daubert motions (see ECF #514).

         The Court held a hearing on the parties' cross-motions for summary judgment on July 24, 2018. (See ECF #497.) The Court also addressed the other pending motions identified above. For the reasons stated on the record at the July 24, 2018, hearing, IT IS HEREBY ORDERED as follows:

• Ford's unopposed motion to supplement its summary judgment motion (ECF #511) is GRANTED;
• Ford's motion for reconsideration of the Court's June 5, 2018, order granting Versata's motion to modify the case caption (ECF #503) is DENIED;
• Versata's request for leave to file supplemental expert reports (ECF #514) is

         TAKEN UNDER ADVISEMENT;

         • With respect to Ford's motion for summary judgment (ECF ## 354, 358) -

         • Ford's request for summary judgment on Count #6 of its Second Amended Complaint (in No. 15-10628) and Counts #9 and #13 of Versata's Counterclaims (in No. 15-10628) is DENIED IN PART and TAKEN UNDER ADVISEMENT IN PART To the extent that Ford seeks summary judgment on the ground that it is entitled to summary judgment because Versata did not take reasonable measures to protect its trade secrets, the motion is DENIED. To the extent that Ford seeks summary judgment on the ground that it owns the relevant trade secrets, the motion is TAKEN UNDER ADVISEMENT;

         • Ford's request for summary judgment on Count #4 of its Second Amended Complaint (in No. 15-10628) and Counts #9 and #13 of Versata's Counterclaims (in No. 15-10628) is TAKEN UNDER ADVISEMENT;

         • Ford's request for summary judgment on Count #1 of its Complaint (in No. 15-11264) and Count #14 of Versata's Counterclaims (in No. 15-10628) is DENIED IN PART and TAKEN UNDER ADVISEMENT IN PART. To the extent that Ford seeks summary judgment on the ground that none of the Versata entities that are named parties in this action own the relevant copyrights, the motion is DENIED. To the extent that Ford seeks summary judgment on the ground that it did not use the relevant copyrights after Versata terminated Ford's software license, the motion is DENIED. To the extent that Ford seeks summary judgment on the ground that it did not use the relevant copyrights outside the scope of its software license, the motion is TAKEN UNDER ADVISEMENT. In addition, the Court hereby GRANTS Ford leave to file a second summary judgment motion. In that motion, Ford may argue that (1) it is entitled to summary judgment on the copyright claims based on the Court's July 9, 2018, order resolving the parties' Daubert motions, and/or (2) it is entitled to summary judgment on the copyright claims based on the “effective-registration doctrine.” See Oravec v. Sunny Isles Luxury Ventures, L.C., 527 F.3d 1218, 1229-30 (11th Cir. 2008); and

         . Versata's motion for summary judgment on Counts #4, #5, and #8 of Ford's Second Amended Complaint (in No. 15-10628) and Counts #11 and #14 of its Counterclaims (in No. 15-10628) (ECF ## 379, 380) is TAKEN UNDER ADVISEMENT[2]

         IT ...


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