Intellectual Property Discussion Forum

Forum · Joined: Mar 31, 2005 Messages: 19 Location: IP.com Offline

VM Tech, Inc. ("VM Tech") sued Hewlett-Packard Co. and Compaq Computer Corp. (collectively, "HP") for patent infringement in separate actions that were later consolidated after the merger of the two companies. The district court dismissed the consolidated action for failure to prosecute and denied VM Tech's post-judgment motions seeking to reinstate the case. Because the district court did not abuse its discretion in denying VM Tech's motion under Federal Rule of Civil Procedure 60(b), we affirm...

Accordingly, we affirm because VM Tech has not demonstrated that the district court's denial of VM Tech's Rule 60(b) motion was an abuse of the district court's discretion under that rule.