Advanced Fiber Technologies (AFT) Trust v. J & L Fiber Services, Inc.
Plaintiff: Advanced Fiber Technologies (AFT) Trust
Defendant: J & L Fiber Services, Inc.
Case Number: 1:2007cv01191
Filed: November 9, 2007
Court: US District Court for the Northern District of New York
Office: Albany Office
County: Warren
Presiding Judge: David R. Homer
Presiding Judge: Lawrence E. Kahn
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Defendant
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Date Filed Document Text
March 31, 2015 Opinion or Order Filing 252 MEMORANDUM-DECISION and ORDERED, that Plaintiff AFTs Motion (Dkt. No. 208) for summary judgment of infringement and validity is GRANTED in part and DENIED in part consistent with this Memorandum-Decision and Order; and it is furtherORDERED, that Plai ntiff AFTs Motion (Dkt. No. 208) is GRANTED to the extent it seeks summary judgment on: (1) Defendants Reverse Doctrine of Equivalents defense; (2) validity on Defendants anticipation/obviousness arguments based on Gillespie; and (3) Defendants § ; 112(b) argument; and DENIED in all other respects; and it is further ORDERED, that Defendant J&Ls Motion (Dkt. No. 214) for summary judgment is DENIED; and it is further ORDERED, that Defendant J&Ls Motion (Dkt. No. 210) to exclude the lost profits opinion of Andrew W. Carter is DENIED; and it is further ORDERED, that Defendant J&Ls Motion (Dkt. No. 213) to strike AFTs new infringement contention is DENIED; and it is further ORDERED, that Defendant J&Ls Cross-Motion (Dkt. No. 231) for leave to file an amended answer is GRANTED. Signed by Senior Judge Lawrence E. Kahn on March 31, 2015. (sas)
September 30, 2013 Opinion or Order Filing 182 MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion (Dkt. No. 170) to strike is DENIED; and it is further ORDERED, that Plaintiffs renewed Motion (Dkt. No. 150) for summary judgment is DENIED; and it is further ORDERED, that Defendants renewed Mo tion (Dkt. No. 161) for summary judgment is GRANTED in part consistent with this Memorandum-Decision and Order; and it is further ORDERED, that discovery is reopened consistent with this Memorandum-Decision and Order, and this action is therefore referred to the Honorable David E. Peebles, U.S. Magistrate Judge. Signed by Senior Judge Lawrence E. Kahn on September 30, 2013. (sas)
January 21, 2011 Opinion or Order Filing 129 DECISION AND ORDERED, that AFTs Motion for reconsideration (Dkt. No. 117) is DENIED; and it is further ORDERED, that J&Ls Motion for reconsideration (Dkt. No. 115) is GRANTED, and AFTs Complaint (Dkt. No. 1) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on January 21, 2011. (sas)
September 13, 2010 Opinion or Order Filing 114 MEMORANDUM-DECISION AND ORDERED, that Defendants Motion for the construction of claim terms (Dkt. No. 45) is GRANTED in part and DENIED in part; and it is further ORDERED, that Defendants Motion for summary judgment (Dkt. No. 50) is GRANTED in part a nd DENIED in part. Defendants Motion for summary judgment (Dkt. No. 50) is GRANTED as to Defendants non-infringement of claims 3, 5, 33, 35 and as to the invalidity of claim 25. Defendants Motion for summary judgment (Dkt. No. 50) is DENIED as to D efendants non-infringement of all other claims and the invalidity of all other claims. Defendants Motion for summary judgment (Dkt. No. 50) is further GRANTED as to the issue of willful infringement, and AFTs claim for willful infringement is DISMIS SED as to all claims; and it is further ORDERED, that Plaintiffs Motion for summary judgment on the issue of infringement (Dkt. No. 33) is DENIED; and it is further ORDERED, that Plaintiffs Motion for summary judgment on the issue of validity (Dkt. No. 51) is DENIED. Signed by Senior Judge Lawrence E. Kahn on September 13, 2010. (sas)
May 12, 2010 Opinion or Order Filing 97 MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to strike and for leave to file a sur-reply (Dkt. No. 90) is GRANTED consistent with this opinion. Signed by Senior Judge Lawrence E. Kahn on May 12, 2010. (sas)
May 11, 2010 Opinion or Order Filing 96 MEMORANDUM-DECISION AND ORDERED, that Plaintiffs Motions to strike expert reports and preclude testimony (Dkt. Nos. 47-49) are DENIED; and it is furtherORDERED, that Plaintiffs Motion to Strike Newly Raised Invalidity Defenses and Arguments (Dkt. No. 72) is DENIED; and it is further ORDERED, that AFT is granted leave to conduct limited additional discovery consisting of depositions of its experts for the purpose of addressing the arguments announced in Sections II(C), II(E), and III of J&Ls Memo randum in Support of its Motion for Summary Judgment (Dkt. No. 50-40). Depositions shall be completed within three weeks of this Decision and Order. J&L shall bear the costs of such depositions, excluding attorneys fees. Signed by Senior Judge Lawrence E. Kahn on May 11, 2010. (sas)
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Plaintiff: Advanced Fiber Technologies (AFT) Trust
Represented By: Nicholas Mesiti
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Defendant: J & L Fiber Services, Inc.
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