Free Mandate of 9th Circuit - District Court of Arizona - Arizona

NOTE: This disposition is nonprecedential. QV OQ—Q515—PMXdDCQ
_ CV 03—_8£é’3—fl—t~£-s>Q,C__
United States Court of Appeals for the Federal Circuit
2008-1238,-1247
EBERLE DESIGN, INC.,
Plaintiff/Counterclaim Delendant—Cross
_ nj Appellant,
and
ELECTRONIC DEVICES, INC.,
Counterclaim Defendant—Cross
Appellant,
v.
RENO A & E,
Defendanljliounterclaimant-
Appellant.
Before BRYSON, GAJARSA, and DYK, Circuit Judges.
EE
The judgment of the district court is affirmed. Appellant Reno A & E did not
move for judgment as a matter of law at the close of all the evidence and thus failed,
U under then—applicable principles of Ninth Circuit law, to preserve its right to challenge
the sufficiency of the evidence on appeal. g Janes v. Wal-tvlarl Stores Inc., 279
F.3d 883, 888-87 (9th Cir. 2002). Although Reno timely moved for a new trial, the
district coun did not abuse its discretion in denying that motion because the trial coun
Case 2:O2—cv-02575-DGC Document 286 Filed O3/16/2007 Paget of 2

l
did not commit legal error when instructing the jury or in its consideration ot the new trial
motion, and because Reno has failed to show that the record contains no evidence to
support the verdict. Eg Landes Constr. Co. v. Royal Bank ot Can., 833 F.2d 1365,
1372 (9th Cir. 1987).
We dismiss the conditional cross—appeal as improperly taken, because the
cross-appeal, it successful, would not expand the scope of the judgment in the cross-
appellants' favor. E Mass. lnst. ol Tech. v. Abacus Software, 462 F.3d 1344, 1347-
48 (Fed. Cir. 2006). l 0 F
FOR THE COURT
JM-1 2 3 2007 I 'QQ
Date Jan l-lorbaly
Clerk
FILED
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JAN HGRBALY
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Case 2:02-cv-02575-DGC Document 286 Filed O3/16/2007 Page 2 of 2

Case 2:02-cv-02575-DGC

Document 286

Filed 03/16/2007

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Case 2:02-cv-02575-DGC

Document 286

Filed 03/16/2007

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