EDAG Engineering GmbH v. BYTON North America Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EDAG ENGINEERING GMBH, Case No. 21-cv-04736-EMC

Plaintiff,

ORDER (1) HOLDING IN ABEYANCE

v. PLAINTIFF’S MOTION TO APPOINT

A RECEIVER; (2) DENYING

BYTON NORTH AMERICA PLAINTIFF’S MOTION FOR

CORPORATION, INJUNCTION; (3) GRANTING

PLAINTIFF’S MOTION FOR Defendant. TURNOVER; AND (4) GRANTING DEFENDANT’S MOTION TO STRIKE; Docket Nos. 53, 54, 61,

14 I. INTRODUCTION In this case, Plaintiff EDAG Engineering Group GmbH (“EDAG”) sued Defendant BYTON North America (“BNA”) for breach of contract. The parties engaged in arbitration that resulted in a final arbitration award of $30M for EDAG on June 2, 2021. Pending before the Court is EDAG’s motion to set aside as fraudulent the conveyance of 22 patents from BNA to Byton Limited and appoint a receiver take possession of and sell…