Cummings et al v. Adidas USA et al
| William G. Cummings and Jay G. Levine |
| Adidas USA, Converse, Inc., New Balance Athletic Shoe, Inc., Nike, Inc., Reebok International Limited and Under Armour, Inc. |
| 1:2008cv09860 |
| November 14, 2008 |
| US District Court for the Southern District of New York |
| Patent Office |
| XX Out of State |
| Shira A. Scheindlin |
| Plaintiff |
| Federal Question |
| 28:1338 Patent Infringement |
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Filing
85
OPINION AND ORDER #98986 re: 69 Notice of Motion and Motion for Partial Summary Judgment filed by Converse, Inc., Nike, Inc. Defendants provided clear and convincing evidence that the AJXV fully anticipated the invention stated in claims 5 and 6 o f the patent-in-suit, and was commercially offered and ready for patenting more than one year before plaintiffs applied for their patent. Plaintiffs failed to show any disputed material fact. Accordingly, defendants' motion for partial summary judgment is granted. The Clerk of Court is directed to close this motion (document # 69). A conference is scheduled for June 9, 2010, at 4:00 p.m. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/24/2010) (tve) Modified on 5/26/2010 (ajc).
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Filing
67
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 11/2/09) (cd)
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Filing
61
OPINION AND ORDER,#98135 that because plaintiffs failed to comply with the Federal Rule of Civil Procedure Rule 15(a)(2) and paragraph III(B) of this Court's Individual Rules and Procedures, plaintiffs' Second Amended Complaint is hereby s tricken from the record and their letter request to amend the Second Amended Complaint is hereby denied. If plaintiffs wish to re-file a Second Amended Complaint, they must either obtain defendants' written consent or move this Court for leave t o amend. Plaintiffs shall have until October 12, 2009 to file a motion for leave to amend. If plaintiffs file a motion for leave to amend, defendants shall have until October 26, 2009 to file an opposition and plaintiffs shall have until November 2, 2009 to reply. The Clerk of the Court is directed to strike the Second Amended Complaint from the docket (Docket no. 60). (Signed by Judge Shira A. Scheindlin on 10/2/09) (pl) Modified on 10/13/2009 (eef).
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