Bedgear, LLC v. Fredman Bros. Furniture Company, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Bedgear, LLC v. Fredman Bros. Furniture Company, Inc.

Bedgear, LLC v. Fredman Bros. Furniture Company, Inc.

Plaintiff:	Bedgear, LLC
Defendant:	Fredman Bros. Furniture Company, Inc.
Case Number:	2:2015cv06759
Filed:	November 24, 2015
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Kiyo A. Matsumoto
Presiding Judge:	A. Kathleen Tomlinson
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 271 Patent Infringement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 25, 2019	Filing 96 Memorandum and Order. For the reasons set forth in the attached Memorandum and Order, (1) The court construes "gusset" to mean "a piece or pieces of material between and separating the first and second panels, such that the first and s econd panels are each joined to the gusset but are not joined to each other." (2) The court adopts Bedgear's proposed constructions of "open cell construction" in the Joint Disputed Claim Terms Chart. (3) The court adopts Bedgear& #039;s proposed construction of "substantially greater." "Substantially greater" means "being at least greater than, but preferably being at least twice greater than." (4) The court adopts Bedgear's construction of the terms "perimetrically bounds" and "perimetrically bounding." "Perimetrically bounds" and "perimetrically bounding" mean, respectively, "shares the perimeters of" and "sharing the perimeters o f." (5) The court adopts Bedgear's proposed construction of "said pillow is configured to have air enter the cavity through pores in the first and second panels and have the air exit the cavity through pores in the gusset": " The pillow is designed to have air which enters the pillow through the first or second panels then exit the pillow through the gusset." (6) The court declines to construe "pillow cover" or "pillow disposed in the cavity." The parties are to confer and advise the court via ECF no later than March 11, 2019 how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 2/25/2019. (Abugo, Uzezi)

Date Filed

Document Text

February 25, 2019

Filing 96 Memorandum and Order. For the reasons set forth in the attached Memorandum and Order, (1) The court construes "gusset" to mean "a piece or pieces of material between and separating the first and second panels, such that the first and s econd panels are each joined to the gusset but are not joined to each other." (2) The court adopts Bedgear's proposed constructions of "open cell construction" in the Joint Disputed Claim Terms Chart. (3) The court adopts Bedgear& #039;s proposed construction of "substantially greater." "Substantially greater" means "being at least greater than, but preferably being at least twice greater than." (4) The court adopts Bedgear's construction of the terms "perimetrically bounds" and "perimetrically bounding." "Perimetrically bounds" and "perimetrically bounding" mean, respectively, "shares the perimeters of" and "sharing the perimeters o f." (5) The court adopts Bedgear's proposed construction of "said pillow is configured to have air enter the cavity through pores in the first and second panels and have the air exit the cavity through pores in the gusset": " The pillow is designed to have air which enters the pillow through the first or second panels then exit the pillow through the gusset." (6) The court declines to construe "pillow cover" or "pillow disposed in the cavity." The parties are to confer and advise the court via ECF no later than March 11, 2019 how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 2/25/2019. (Abugo, Uzezi)

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Plaintiff: Bedgear, LLC
Represented By:	Erik W. Kahn
Represented By:	Joseph J. Richetti
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Defendant: Fredman Bros. Furniture Company, Inc.
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