Falcon Stainless, Inc. v. Rino Companies, Inc.

MEMORANDUM

Falcon Stainless and Rino Companies are competing manufacturers of stainless steel water connectors used in plumbing applications. After the jury returned a verdict in Falcon’s favor, the district court granted judgment as a matter of law (JMOL) for Rino Companies and its co-owners, John Novello and Henry Rieger (collectively, Rino), on Falcon’s claims for trademark infringement, false designation of origin, unfair competition, and intentional interference with prospective economic advantage. The district court also granted Rino’s motion under Federal Rule of Civil Procedure 59(a) for a new trial on Falcon’s claims for false advertising and trade libel/product disparagement. Falcon appealed.

We determined that this court lacked jurisdiction over the appeal because the order granting a new trial on Falcon’s claims for false advertising and trade libel/product disparagement is an interlocutory order not appealable as a final judgment and also not a conditional new trial order under Rule 50(c)(1). See Schudel v. Gen. Elec. Co., 120 F.3d 991 , 994-95 & n. 9 (9th Cir.1997), abrogated on other grounds by Weisgram v. Marley Co., 528 U.S. 440 , 120 S.Ct. 1011 , 145 L.Ed.2d…