Daniel O'Connell v. Jose Fernandez-Pol

MEMORANDUM

Defendant Dr. Jose Fernandez-Pol (“Dr. Pol”) appeals the district court’s order granting Plaintiffs’ motion for judgment on the pleadings after the district court struck Dr. Pol’s answer as a discovery sanction under Federal Rule of Civil Procedure 37, and entered judgment in the form and amount requested by Plaintiffs. Dr. Pol contends the district court erred because: (1) the action was allowed to proceed even though Plaintiffs’ claims were barred by the applicable statute of limitations; (2) actual and punitive damages were awarded without taking any evidence of damages; and (3) the district court ordered the transfer of certain patents and patent applications without first ascertaining the existence or ownership of the patents, or assessing whether the court had personal jurisdiction over the entities transferring or receiving the patents. For the reasons set forth below, we affirm.

I. The District Court’s Failure to Consider a Potential Statute of Limitations Defense

Dr. Pol contends the district court lacked subject matter jurisdiction over the matter because each of Plaintiffs’ claims were time-barred. Dr. Pol argues he presented a statute of limitations…