Koomia

Full title: Roger D. KOOIMA, d/b/a/ TRIPLE K INDUSTRIES, Plaintiff v. ZACKLIFT…

Court: United States District Court, D. South Dakota, Southern Division

Date published: Aug 22, 2002

Facts

This is a patent infringement case brought by Plaintiff Roger D. Kooima, d/b/a Triple K Industries (“Kooima”) in which he alleges that Defendants Zacklift International, Inc. and Stanley E. Zackovich have infringed two of his patents: U.S. Patent No. 5,823,735 (“the `735 patent”) and U.S. Patent No. 6,036,428 (“the `428 patent”). The parties have filed numerous motions. In this Order the Court will address Defendants’ motion to bifurcate the issue of damages from liability, their motion to dismiss Stanley Zackovich for lack of jurisdiction, and their motion to stay the case pending a decision on the motions for summary judgment. (Docs. 25, 32, 93.)

Issue

Decision

IT IS ORDERED:

(1) that Defendants’ Motion to Bifurcate the Issue of Damages from Liability (Doc.25) is denied;

(2) that Defendant Stanley F. Zackovich’s Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 32) is granted;

(3) that Defendant Stanley E. Zackovich’s Motion for Summary Judgment of Dismissal of all Claims Against him is (Doc. 32) is moot in light of his dismissal for lack of personal jurisdiction;

(4) that Defendants’ Motion to Stay Proceedings Pending Decision on Motions for Summary Judgment (Doc. 93) is denied.

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