Cyber Acoustics, LLC v. Belkin International, Inc.

Plaintiff: Cyber Acoustics, LLC
Defendant: Belkin International, Inc.
Case Number: 3:2013cv01144
Filed: July 9, 2013
Court: Oregon District Court
Office: Portland (3) Office
Presiding Judge: Michael H. Simon
Nature of Suit: Patent
Cause of Action: 35:271 Patent Infringement
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
December 27, 2013 49 Opinion or Order of the Court Opinion and Order - Because Belkin's Third Counterclaim and Third Affirmative Defense satisfy the level of specificity and sufficiently allege materiality and intent required by Rule 9(b) and applicable case law, Cyber's Motion to Dismiss or Strike the Inequitable Conduct Assertions in Belkin's First Amended Answer and Amended Counterclaims 25 is DENIED. Signed on 12/27/2013 by Judge Michael H. Simon. (mja)
March 24, 2014 78 Opinion or Order of the Court Opinion and Order - The disputed terms "top" and "bottom" are given their plain and ordinary meanings. The Court construes the disputed term "flap" to mean "a flat piece of material that has at least one side attac hed to the portfolio." The Court construes the disputed term "to engage said flap" to mean "to physically connect the top with the flap." The phrase "X-shaped configuration" in Claim 1(c) is not invalid as indefinit e or in violation of 35 U.S.C. § 112(b). Finally, the Court declines to address Belkin's written description challenge under 35 U.S.C. § 112(a) at this time and will wait to see whether that issue is raised either pretrial in a motion for summary judgment or at trial in a motion for judgment as a matter of law. Signed on 3/24/2014 by Judge Michael H. Simon. (mja) Modified on 3/24/2014 (mja).

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Plaintiff: Cyber Acoustics, LLC
Represented By: Kara R. Fussner
Represented By: Greg Meyer
Represented By: Susan D. Pitchford
Represented By: Rudolph A. Telscher, Jr.
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Defendant: Belkin International, Inc.
Represented By: David P. Dalke
Represented By: David P. Enzminger
Represented By: Jenna W. Logoluso
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