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A software vendor sued a hospital in federal court for breach of a licensing agreement and trade-secret misuse. The vendor moved for summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition admitted that it signed the agreement and had not paid three invoices, but argued that the amount due was lower because some user seats were deactivated. The hospital also argued that the vendor, not the hospital, should lose on the trade-secret claim because the alleged secret was publicly posted online before the hospital used it.
At the hearing, the judge stated that the hospital might be entitled to summary judgment on the trade-secret claim and that several facts about the license invoices seemed undisputed. The vendor objected that it had not moved on trade secrets and had not briefed whether the online posting destroyed secrecy. The judge took the matter under advisement and entered an order granting the vendor liability on the unpaid-license claim, reserving damages for trial, and granting the hospital judgment on the trade-secret claim.
Was the order proper? Discuss partial summary judgment, established facts, summary judgment for a nonmovant or on unraised grounds, notice, and reasonable time to respond.