Serby v. First Alert, Inc. et al
Plaintiff: Victor M. Serby
Defendant: First Alert, Inc. and BRK Brands, Inc.
Case Number: 1:2009cv04229
Filed: October 1, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Andrew L. Carter
Presiding Judge: Roslynn R. Mauskopf
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
September 28, 2015 Opinion or Order Filing 101 ORDER: The Court finds no liability on the part of Defendants for any of Plaintiff's causes of action as Plaintiff has failed to meet his burden of proof by a preponderance of the evidence. The Court also dismisses all of Defendants' counterclaims as Defendants have failed to meet their burden of proof by clear and convincing evidence. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge William F. Kuntz, II on 9/28/2015. (Brucella, Michelle)
July 22, 2015 Opinion or Order Filing 93 ORDER: Plaintiff's motion in limine to preclude the testimony of Dr. Reddy, Dkt. 86 , is DENIED. Ordered by Judge William F. Kuntz, II on 7/22/2015. (Brucella, Michelle)
March 4, 2015 Opinion or Order Filing 72 DECISION AND ORDER: Defendants' motion for summary judgment based oninvalidity is DENIED. Defendants' motion for summary judgment based on literal noninfringement is DENIED with respect to Claims 1 and 5 of the '434 Patent. Defendants& #039; motion for summary judgment based on literal non-infringement is GRANTED with respect to Claims 6 and 10 of the '434 Patent. Defendants' motion for summary judgment based on the doctrine of equivalents is DENIED with respect to Claims 6 and 10 of the '434 Patent. Ordered by Judge William F. Kuntz, II on 3/3/2015. (Brucella, Michelle)
March 28, 2013 Opinion or Order Filing 46 DECISION AND ORDER: The Court finds that Defendants' affirmative defenses and counterclaims are not barred by res judicata, collateral estoppel, or contractual estoppel. Plaintiff's motion for summary judgment and to strike Defendants' affirmative defenses and counterclaims is therefore DENIED in its entirety. Ordered by Judge William F. Kuntz, II on 3/27/2013. (Brucella, Michelle)
September 26, 2011 Opinion or Order Filing 24 MEMORANDUM AND ORDER granting in part and denying in part 22 Motion for Summary Judgment: For the reasons set forth in the attached Memorandum and Order, defendants motion for summary judgment (Doc. No. 22) is GRANTED in part and DENIED in part. This matter is recommitted to the assigned Magistrate Judge for all remaining pre-trial issues, to supervise the preparation of a Joint Pre-Trial Order, and for any settlement discussions. Ordered by Judge Roslynn R. Mauskopf on 9/26/2011. (Mauskopf, Roslynn)
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Plaintiff: Victor M. Serby
Represented By: Norman Leonard Cousins
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Defendant: First Alert, Inc.
Represented By: Gerard Schiano-Strain
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Defendant: BRK Brands, Inc.
Represented By: Gerard Schiano-Strain
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