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SEACHANGE INTERN., INC. v. NCUBE CORP.

No. CIV.A.00-568-JJF.

313 F.Supp.2d 393 (2004)

SEACHANGE INTERNATIONAL, INC., Plaintiff, v. NCUBE CORPORATION, Defendant. nCUBE Corporation, Counter-claimant v. Seachange International, Inc., Counter-defendant

United States District Court, D. Delaware.

April 7, 2004.

Attorney(s) appearing for the Case

William J. Marsden, Jr. and J. Andrew Huffman, Fish & Richardson P.C., Wilmington, DE, Fish & Richardson P.C., Menlo Park, CA (Jack Slobodin, Karen I. Boyd, of counsel), Robert E. Hillman, Lawrence K. Kolodney and Steven R. Katz, Fish & Richardson P.C., Boston, MA, for Plaintiff SeaChange International, Inc.

Mary B. Graham and Rodger D. Smith, Morris Nichols Arsht & Tunnell, Wilmington, DE (James Pooley, Browning Marean, Gabriel Kralik, of counsel), Elizabeth Day and L. Scott Oliver Gray Cary Ware & Freidenrich LLP, Palo Alto, CA, for Defendant nCUBE Corporation.

MEMORANDUM OPINION

FARNAN, District Judge.

Presently before the Court is a Motion for a New Trial pursuant to Federal Rule of Civil Procedure 59 (D.I.178) filed by Defendant nCUBE Corporation ("nCUBE"). The Motion was denied by Orders of the Court (D.I.203, 209) dated September 30, 2002, for the reasons discussed below.1

I. BACKGROUND

Plaintiff, Sea Change International, Inc. ("SeaChange...

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