Unicom Systems, Inc. v. Farmers Group, Inc.

MEMORANDUM

This case arises from a software license agreement between the parties incorporating California law. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

First, we need not consider Unicorn’s argument that the magistrate judge erred in submitting a jury instruction on Farmers’ unclean hands defense. Even assuming Unicom is correct, any such error was harmless. The instruction unequivocally told the jury to award Unicom no damages in its entire action against Farmers if the jury found unclean hands. But the jury did award Unicom damages— $816,000 on Unicorn’s fraud claim. Thus, the jury apparently rejected Farmers’ unclean hands defense. We will not presume the jury disregarded the instruction to somehow lessen the damages otherwise awarded to Unicom.

We also do not reach Unicorn’s argument that the magistrate judge erred in admitting evidence of the purchase price Unicom paid for the PIE/CICS software. Unicom waived its objection to the purchase-price evidence by being the first party to introduce it at trial, having previously failed on a motion in limine to exclude it. See Ohler v. United States, 529 U.S. 753, 755-58 , 120 S.Ct. 1851 , 146 L.Ed.2d 826…