ASICS AMERICA CORPORATION v. AKEVA L.L.C.

Justia Dockets & Filings Fourth Circuit North Carolina Middle District ASICS AMERICA CORPORATION v. AKEVA L.L.C.

ASICS AMERICA CORPORATION v. AKEVA L.L.C.

Plaintiff:	ASICS AMERICA CORPORATION
Defendant:	AKEVA L.L.C.
Case Number:	1:2009cv00135
Filed:	February 21, 2009
Court:	US District Court for the Middle District of North Carolina
Office:	Patent Office
County:	Alamance
Presiding Judge:
Presiding Judge:	P. TREVOR SHARP
Presiding Judge:	UNASSIGNED
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2201 Declaratory Judgment

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Date Filed	Document Text
March 29, 2019	Filing 316 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 3/29/2019. RECOMMENDED that with respect to the '126 patent, the term "rear sole secured" be construed to mean "rear sole selectively or permanently fastened, but not permanently fixed into position," which would not include conventional rear soles that do not either detach or rotate. FURTHER RECOMMENDED that Defendants' Motion for Summary Judgment (Doc. # 298 ) and Supplemental Motion for Summary Judgment (Doc. # 304 ) be granted as to Akeva's infringement claims, and that Akeva's Third Amended Counterclaim for Patent Infringement be dismissed with preju dice. ORDERED that the stay in this case is extended until April 28, 2019, and the remaining parties are directed to confer with one another and with the mediator to determine whether any further mediation is worthwhile before preparing objections and any other appeals of the present Recommendation. The parties may request that the stay be extended to accommodate further mediation, but if no such request is filed, objections will be due on May 13, 2019. (Daniel, J)
March 9, 2015	Filing 248 MEMORANDUM OPINION, ORDER AND RECOMMENDATION signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/9/2015. RECOMMENDED that Counterclaim Defendants' Renewed Motion for Judgment on the Pleadings [Doc. # 195 ] be denied. ORDERED that the Court adopts the P arties' Joint Rule 26(f) Report [Doc. # 227 ] to the extent set out above. As a result, the Parties' Motion for Status Conference [Doc. # 241 ] is DENIED AS MOOT, without prejudice to the Parties filing a further request for a Status Conference if additional matters remain for resolution by the Court. (Butler, Carol)

Date Filed

Document Text

March 29, 2019

Filing 316 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOI ELIZABETH PEAKE signed on 3/29/2019. RECOMMENDED that with respect to the '126 patent, the term "rear sole secured" be construed to mean "rear sole selectively or permanently fastened, but not permanently fixed into position," which would not include conventional rear soles that do not either detach or rotate. FURTHER RECOMMENDED that Defendants' Motion for Summary Judgment (Doc. # 298 ) and Supplemental Motion for Summary Judgment (Doc. # 304 ) be granted as to Akeva's infringement claims, and that Akeva's Third Amended Counterclaim for Patent Infringement be dismissed with preju dice. ORDERED that the stay in this case is extended until April 28, 2019, and the remaining parties are directed to confer with one another and with the mediator to determine whether any further mediation is worthwhile before preparing objections and any other appeals of the present Recommendation. The parties may request that the stay be extended to accommodate further mediation, but if no such request is filed, objections will be due on May 13, 2019. (Daniel, J)

March 9, 2015

Filing 248 MEMORANDUM OPINION, ORDER AND RECOMMENDATION signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/9/2015. RECOMMENDED that Counterclaim Defendants' Renewed Motion for Judgment on the Pleadings [Doc. # 195 ] be denied. ORDERED that the Court adopts the P arties' Joint Rule 26(f) Report [Doc. # 227 ] to the extent set out above. As a result, the Parties' Motion for Status Conference [Doc. # 241 ] is DENIED AS MOOT, without prejudice to the Parties filing a further request for a Status Conference if additional matters remain for resolution by the Court. (Butler, Carol)

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Plaintiff: ASICS AMERICA CORPORATION
Represented By:	JOHN S. BUFORD
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Defendant: AKEVA L.L.C.
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