John Mezzalingua Associates, Inc v. Corning Gilbert Inc.

Plaintiff: John Mezzalingua Associates, Inc
Defendant: Corning Gilbert Inc.
 
Case Number: 5:2011cv00761
Filed: July 5, 2011
 
Court: New York Northern District Court
Office: Syracuse Office
County: Onondaga
Referring Judge: David E. Peebles
Presiding Judge: Gary L. Sharpe
 
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
December 23, 2013 206 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That Gilbert's 135 Motion for Summary Judgment on collateral estoppel is DENIED. That PPC's 164 Cross Motion for Summary Judgment seeking dismissal of the collateral estoppel defense is GRANTED. Signed by Chief Judge Gary L. Sharpe on 12/23/2013. (jel, )
January 31, 2014 207 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That PPC's motion to exclude the opinions of Dr. Mroczkowski and Burris (Dkt. No. 129) is DENIED. That Gilbert's motion to strike and/or preclude certain opinions of Dr. Eldering (Dkt. No. 134) is DENIED. T hat PPC's motion to exclude the trial testimony of Mossinghoff (Dkt. No. 126) is DENIED with leave to renew prior to trial. That Gilbert's motion to exclude the trial testimony of Dr. Beutel (Dkt. No. 133) is DENIED with leave to renew pri or to trial. That PPC's motion for summary judgment on infringement (Dkt. No. 127) is DENIED. That Gilbert's motion for summary judgment on non-infringement (Dkt. No. 132) is DENIED. That PPC's motion requesting oral argument on the pending dispositive motions (Dkt. No. 187) is DENIED. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
January 31, 2014 208 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That PPC's motion for summary judgment on collateral estoppel (Dkt. No. 128) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to the validity of the 194 patent, such that Gilbert's affirmative defense and counterclaim for a declaratory judgment of invalidity of the 194 patent is DISMISSED and DENIED in all other respects. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
January 31, 2014 209 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That PPC's motion to strike portions of Gilbert's submissions regarding the defenses of laches and equitable estoppel (Dkt. No. 198) is DENIED. That Gilbert's motion for summary judgment on laches and e quitable estoppel (Dkt. No. 136) is DENIED. That PPC's cross motion for summary judgment on laches and equitable estoppel (Dkt. No. 169) is DENIED. That Gilbert's motion for summary judgment on the issue of willfulness (Dkt. No. 131) is DENIED. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
February 13, 2014 211 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - That PPC's 125 Motion for Summary Judgment on Gilbert's state law counterclaims is GRANTED. That Gilbert's state law tort counterclaims (Dkt. No. 6 132-42) are DISMISSED. That the case is trial ready and the Clerk shall issue a trial scheduling order in due course. Signed by Chief Judge Gary L. Sharpe on 2/13/2014. (jel, )
November 21, 2012 67 Opinion or Order of the Court MEMORANDUM-DECISION and ORDER - ORDERED that Magistrate Judge David E. Peebles September 5, 2012 Report-Recommendation and Order (Dkt. No. 59) is ADOPTED in its entirety; and it is further ORDERED that the following meanings shall be affixed t o the patent claim terms in dispute: Disputed Term Proposed Construction Cylindrical Body Member No Construction Necessary First End No Construction Necessary Cylindrical Sleeve No Construction Necessary First Central Bore A c avity lying between the inner wall of the cylindrical sleeve (194 Patent) or connector body (940 Patent) and the tubular post (194Patent) or the post (940 Patent) Compression Ring structure of a connector tha t deforms the rear end portion ofthe cylindrical sleeve inwardly toward the tubular post when slidaxially over the cylindrical body member Central Passageway a cavity in the center of thecompression ring (194 Patent) or fast ener member (940 Patent) extending between the first and second ends thereof. Commensurate mean of corresponding extent, magnitude, or degree;proportionate, adequate. Said Inwardly Tapered Annular No Construction Necessar y Wall Causing Said Rear End Portion of Said Cylindrical Sleeve to be Deformed Inwardly Connector Body Member No Construction Necessary Fastener Member the structure of the connectorthat deforms the connector body member inw ardly toward the post when slid over the connectorbody member ORDERED parties to notify the court, within fourteen (14) days of the date of this Memorandum-Decision and Order of their intentions regarding consent to have Judge Peebles conduct all further proceedings in this case under 28 U.S.C. § 636(c). Signed by Chief Judge Gary L. Sharpe on 11/21/2012. (Attachments: # 1 Judge Peebles' Report Recommendation) (jel, )
December 11, 2012 76 Opinion or Order of the Court SUMMARY ORDER - That PPC's 49 Motion for Partial Summary Judgment is DENIED as premature. Signed by Chief Judge Gary L. Sharpe on 12/11/2012. (jel, )

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Plaintiff: John Mezzalingua Associates, Inc
Represented By: Douglas J. Nash
Represented By: Gabriel M. Nugent
Represented By: Alpa V. Patel
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Defendant: Corning Gilbert Inc.
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