Nano-Proprietary, Inc. v. Canon Inc. and Canon U.S.A., Inc.

Nano-Proprietary, Inc. v. Canon Inc. and Canon U.S.A., Inc.

W.D. Tex. (2007)

Fitzpatrick Obtains Withdrawal of Fraud Claims and Jury Verdict of No Damages in Licensing Dispute on Behalf of Long Time Client, Canon

After having been found to have breached a license agreement with plaintiff, Canon faced trial on allegations of fraud in connection with the formation of the agreement, and plaintiff’s claim for compensatory and punitive damages arising from the breach and fraud. Following presentation of plaintiff’s case at trial, Canon moved for judgment as a matter of law on all claims and, before the case was submitted to the jury, plaintiff conceded it had no evidence of fraud and withdrew those claims. The jury then found that plaintiff had suffered no damages. In entering judgment, the trial judge specifically noted that, had the fraud claims not been withdrawn and/or had the jury reached a different verdict on damages, Canon would have been entitled to judgment as a matter of law.