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MGE UPS Systems Inc. v. GE Consumer and Industrial Inc.

Appellant appeals the district court's Federal Rule of Civil Procedure 50(a) dismissal of its Digital Millennium Copyright Act claim. Because the DMCA does not apply to mere use of a copyrighted work, and because appellant has not shown that appellee circumvented appellant's software protections in violation of the DMCA, the district court did not err in granting appellee's Rule 50(a) motion dismissing the DMCA claim. 5th U.S. Circuit Court of Appeals, No. 08-10521, 07-22-2010

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Before BARKSDALE, GARZA, and PRADO, Circuit Judges.

MGE UPS Systems, Inc. (“MGE”) appeals the district court’s Federal Rule of Civil Procedure 50(a) dismissal of its Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”); General Electric Company (“GE”); GE Consumer and Industrial, Inc.; and GE Industrial Systems, Inc. (collectively, “GE/PMI”). MGE also appeals the district court’s denial of prejudgment interest on MGE’s damages award. GE/PMI cross-appeals on four grounds: (1) whether the district court erred in dismissing GE/PMI’s Rule 50(a) motion because MGE failed to present evidence of damages, or in the alternative, whether the district court erred in dismissing GE/PMI’s Rule 50(b) motion because the $4.6 million jury award was not a reasonable calculation of damages; (2) whether MGE impermissibly double-recovered damages; (3) whether the parties had a tolling agreement in place that permitted MGE to recover damages prior to December 17, 2001; and (4) whether the district court erred in granting MGE injunctive relief against GE/PMI.

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