Earlier this month, in the U.S. District Court for the Southern District of New York, Hewlett-Packard (HP) was handed a favorable ruling in Turbon International’s lawsuit against the OEM and Hewlett-Packard (Thailand), Ltd. On March 8, Judge Victor Marrero granted HP’s motion to dismiss Turbon’s charges of misappropriation of trade secrets, unfair competition, and false advertising by HP, leaving the allegations of tortious interference and fraudulent inducement by HP still to be resolved (see Actionable Briefing, “HP Scores Important Win in Turbon v. HP Lawsuit”). Turbon, however, recently filed a motion for reconsideration of this decision and a memorandum of law in support of this motion. We do not have any statistics about the likelihood of success for such motions, which are different from a formal appeal, and much will obviously depend on the merits of Turbon’s arguments. However, the motion would seem to signify that the remanufacturer is not backing down in this legal battle against the printer giant. HP, for its part, is aggressively defending itself. We have yet to see any response from the OEM to Turbon’s motion, although we would expect that HP will oppose it. HP did, however, file a couple of interesting documents in the case since we last reported on this lawsuit.
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