District Case: Motion For Retrial (1990)
Dissatisfied with the verdict of previous proceedings, the plaintiff motioned for a retrial. The defendants had been granted summary judgment on many of the issues presented by Step-Saver. In consideration of a retrial, the court examined the previous court's holdings. The district court found the previous court's holding to be true. Under contract law, ill defined contracts are treated under U.C.C. 2-207, the previous court decision found that this would render the Step-Saver/TSL implied license as moot and instead the box-top license would be upheld. The court agreed that in the previous proceedings "LULA effectively disclaimed alleged express warranties".
The court found that Step-Saver's allegations of error were unfounded and denied the motion for a new trial.
Read more about this topic: Step-Saver Data Systems, Inc. V. Wyse Technology, Court Opinions
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