SPOKANE, Wash.—A manufacturer of off-the-road tires has filed a motion before the U.S. District Court for the Eastern District of Washington, opposing a competitor's latest motion in a long-standing product counterfeiting case.
OTR Wheel Engineering Inc. filed a motion before the Spokane court Feb. 16, opposing the motion by West Worldwide Services Inc. for Judge Lonny R. Suko to reconsider his decision allowing the case to go to a jury trial.
“The court properly exercised its discretion and authority ... in ruling that Plaintiffs' trade secret claim should proceed to trial,” the OTR Wheel motion said.
“The court properly exercised its discretionary power to remedy error under highly unusual circumstances to prevent the manifest injustice that would result in refusing to submit Plaintiffs' trade secret claim to the jury for determination.”
In deciding to proceed to a jury trial, the court did not base its decision of “new evidence, arguments and conjecture,” according to the motion.
“Rather, the court's reconsideration finding as to the requisite degree of trade secret specificity relief on the same evidence OTR originally supplied in opposition to West's motion for summary judgment,” it said.
OTR filed suit against West Worldwide in April 2014.