Desenberg v. Google, Inc.
| Roger Marx Desenberg |
| Google, Inc. |
| 1:2008cv10121 |
| November 21, 2008 |
| US District Court for the Southern District of New York |
| Patent Office |
| New York |
| George B. Daniels |
| Plaintiff |
| Federal Question |
| 15:1126 Patent Infringement |
Docket Report
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This docket was last retrieved on April 29, 2010. A more recent docket listing may be available from PACER.
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| USCA Case Number 2010-1212 from the US Court of Appeals, Federal Circuit assigned to 57 Notice of Appeal to the Federal Circuit, filed by Roger Marx Desenberg. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: 57 Notice of Appeal to the Federal Circuit. (tp) |
| Transmission of Notice of Appeal to the District Judge re: 57 Notice of Appeal to the Federal Circuit. (tp) |
| Filing 57 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 55 Order Adopting Report and Recommendations, 48 Report and Recommendations, 56 Clerk's Judgment. Document filed by Roger Marx Desenberg. Filing fee $ 455.00, receipt number E 893741. Copies mailed to attorney(s) of record: Quinn, Emanuel, Urquhart, Oliver & Hedges, LLP. (tp) |
| Filing 56 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated January 11, 2010, the report is adopted in its entirety; accordingly, defendant's motion to dismiss is granted. (Signed by J. Michael McMahon, clerk on 1/14/10) (Attachments: # 1 notice of right to appeal)(ml) |
| Transmission to Judgments and Orders Clerk. Transmitted re: 55 Order Adopting Report and Recommendations, to the Judgments and Orders Clerk. (ae) |
Filing 55
ORDER: for 48 Report and Recommendations. This Court has examined the objections and finds them to be without merit. Magistrate Judge Peck correctly determined that Plaintiff failed to state a claim for either direct or indirect patent infringement. Accordingly, the Court adopts the Report in its entirety. SO ORDERED. (Signed by Judge George B. Daniels on 1/11/2010) (tve)
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| Filing 54 MEMORANDUM in Reply to defendant's re: 48 Report and Recommendations. Document filed by Roger Marx Desenberg. (mbe) |
| Filing 53 DECLARATION of Patrick Curran in Support re: 52 Response to Plaintiff's objections to the Report and Recommendation dated 7/30/09. Document filed by Google, Inc. (mro) |
| Filing 52 DEFENDANT GOOGLE INC'S RESPONSE TO re: 51 Objection to Report and Recommendations dates 7/30/09. Document filed by Google, Inc.(mro) |
| Filing 51 OBJECTION to 48 Report and Recommendations. Document filed by Roger Marx Desenberg. (mro) |
| Filing 50 OBJECTION to 48 Report and Recommendations Document filed by Roger Marx Desenberg. (djc) |
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Filing 49
ORDER: Pro se Plaintiffs request for a 30-day extension of time to file objections to Magistrate Judge Peck's Report and Recommendation is granted. The deadline for Plaintiffs objections is September 17, 2009. (Signed by Judge George B. Daniels on 8/17/2009) (jfe)
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| CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: 7/30/09 Report and Recommendation.(ae) |
| Filing 48 REPORT AND RECOMMENDATIONS, that Google's motion to dismiss (Dkt. No. 13) should be GRANTED and Desenberg's complaint should be DISMISSED. Objections to R&R due by 8/17/2009 (Signed by Magistrate Judge Andrew J. Peck on 7/30/09) Copies Mailed By Chambers.(pl) |
| Filing 47 DECLARATION of Roger Marx Desenberg of facts relevant to infringement and Global Fraud. Document filed by Roger Marx Desenberg. (mbe) |
| Filing 46 DECLARATION of Roger Marx Desenberg of facts relevant to attorney hiring, motion to dismiss, and offer for settlement. Document filed by Roger Marx Desenberg. (mbe) |
| Filing 45 TRANSCRIPT of proceedings held on March 26, 2009 @ 9:50 a.m. before Judge George B. Daniels. (jab) |
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Filing 41
ORDER: Pro se plaintiff Roger Marx Desenberg recently has filed various affidavits and motions (Dkt. Nos. 27-38.) The Court deals with them as follows: 1. Docket Nos. 27 and 28 are Desenberg's declarations, but they do not relate to any motion or any other issue presently before the Court. To the extent they may relate to issues that may come up at trial, they are premature. The Court will take no further action as to these declarations. 2. Docket No. 29, "Plaintiffs Motion for the Court to Test Web Sites, etc.," is DENIED. Once the pending motion to dismiss is decided, discovery can begin. Discovery is done by the parties. The Court does not "test" things until trial. Docket No. 30 is Desenberg's declaration explaining how to test things; it has no relevance at this stage of the case. 3. Docket No. 31 is entitled "Plaintiffs Motion to Grant the Desenberg Stipulation" but also is titled "Plaintiffs Motion to Remove Irreparable Harm." The motion is DENIED. In essence, Desenberg is asking to be able to "preserve the status quo" by allowing him to "run his invention" for a time to earn money to pay for his lawsuit. The motion is largely incomprehensible but in any event fails to meet the standard for a TRO or a preliminary injunction. Nor does it preserve the status quo but rather changes it. The motion is DENIED. 4. Docket No. 32, "Plaintiffs Motion for Temporary Restraining Order to Preserve the Status Quo" is similar to Docket No. 31 and is DENIED for the same reason - among other things, it actually seeks to change the status quo, and does not show a likelihood of success on the merits or irreparable harm. 5. Docket No. 33, "Plaintiffs Motion to Grant the Desenberg Stipulation," is DENIED as frivolous. A stipulation is a willing agreement of the parties. Here, there is no such agreement. 6. Docket No. 34, "Plaintiffs Offer of Voluntary Enjoinment and Settlement for Damages," is similarly DENIED. A "voluntary" injunction and a settlement require both parties to agree. There is no such agreement here (and it is clear that Google will not voluntarily pay the $3 billion that Desenberg suggests as the settlement amount). 7. Docket No. 35, "Plaintiffs Withdrawal of Motion for Preliminary Injunction" is GRANTED only to the extent of withdrawing plaintiffs prior motion for a preliminary injunction. 8. Docket Nos. 36-38 are Desenberg's declarations in support of certain of the above motions. They require no separate Court action at this time. The Court strongly recommends that plaintiff Desenberg obtain an attorney for this litigation. A patent case is no place for a pro se litigant. (Plaintiff may wish to dismiss this case without prejudice until such time as he can obtain counsel - see Fed. R. Civ. P. 41.)(Signed by Magistrate Judge Andrew J. Peck on 4/28/2009) Copies Faxed By Chambers.(jfe)
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| Filing 44 DECLARATION of Patrick Curran in Support re: 43 Reply Memorandum of Law in Support of Motion. Document filed by Google, Inc.. (jmi) |
| Filing 43 REPLY in Support re: 13 MOTION to Dismiss. Document filed by Google, Inc.. (jmi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Patrick Daniel Curran to MANUALLY RE-FILE Document Declaration in support of Motion, Document No. 40. This case is not ECF. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Patrick Daniel Curran to MANUALLY RE-FILE Document Reply Memorandum in Support of Motion, Document No. 39. This case is not ECF. (db) |
| Filing 40 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Patrick Curran in Support re: 13 MOTION to Dismiss. Document filed by Google, Inc. (Attachments: # 1 Exhibit A)(Curran, Patrick) Modified on 4/22/2009 (db). |
| Filing 39 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss. Document filed by Google, Inc. (Curran, Patrick) Modified on 4/22/2009 (db). |
| Filing 38 PLAINTIFFS' DECLARATION OF NEW FACTS SUPPORTS PATENT ASSIGNMENT, TEMPORARY RESTRAINING ORDER, DESENBERG STIPULATION, AND MOTION TO REMOVE IRREPARABLE HARM. Document filed by Roger Marx Desenberg. (tro) |
| Filing 37 PLAINTIFF'S DECLARATION OF FACTS SUPPORTING ENJOINMENT POSITION. Document filed by Roger Marx Desenberg. (tro) |
| Filing 42 PLAINTIFF'S DECLARATION OF FACTS ABOUT DEFENDANT'S OMISSION OF DENIAL OF SPECIFIC CLAIM PHRASES. Document filed by Roger Marx Desenberg. (tro) |
| Filing 36 DECLARATION of Roger Marx Desenberg of Facts about Licensing and Enjoinment. Document filed by Roger Marx Desenberg. (tro) |
| Filing 35 PLAINTIFF'S MOTION to Withdraw Motion for Preliminary Injunction. Document filed by Roger Marx Desenberg.(tro) |
| Filing 34 PLAINTIFF'S OFFER OF VOLUNTARY ENJOINMENT AND SETTLEMENT FOR DAMAGES. Document filed by Roger Marx Desenberg. (tro) |
| Filing 33 PLAINTIFF'S MOTION to Grant the Desenberg Stipulation. Document filed by Roger Marx Desenberg.(tro) |
| Filing 32 PLAINTIFF'S MOTION for Temporary Restraining Order to Preserve Status Quo. Document filed by Roger Marx Desenberg.(tro) |
| Filing 31 PLAINTIFF'S MOTION TO REMOVE IRREPERABLE HARM. Document filed by Roger Marx Desenberg.(tro) |
| Filing 30 PLAINTIFF'S DECLARATION OF FACTS ON HOW TO TEST THE LEAD OPTION ENGINE AND ADWORDS ON THE INTERNET, TO BE ABLE TO COMPETENTLY DETERMINE PROBABLE INFRINGEMENT IN LESS THAN ONE HOUR. Document filed by Roger Marx Desenberg. (tro) |
| Filing 29 PLAINTIFF'S MOTION FOR THE COURT TO TEST WEB SITES, THE PLAINTIFF'S PROJECTWORK.COM AND DEFENDANT'S ORIGINAL MAXIMUM PRICE ADWORDS THAT WAS IMPLEMENTED BEFORE THE FILING DATE OF THE ORIGINAL COMPLAINT. Document filed by Roger Marx Desenberg.(tro) |
| Filing 28 PLAINTIFF'S DECLARATION OF FACTS ABOUT INTENTION OF PATENT LEVERAGE IS TO MAKE THE U.S. INTERNET MARKETPLACE FAIR AND NOT ABOUT LUXURY LIVING. Document filed by Roger Marx Desenberg. (tro) |
| Filing 27 DECLARATION OF FACTS ABOUT THE QUALITY SCORE MODULE BEING EXCEPTION SOFTWARE THAT PRODUCES FRAUD VIOLATING THE CLAYTON ACT. Document filed by Roger Marx Desenberg. (tro) |
| Filing 26 PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO DISMISS re: 13 MOTION to Dismiss. Document filed by Roger Marx Desenberg. (tro) |
| Filing 25 NOTICE OF CHANGE OF ADDRESS by Edward John Defranco on behalf of Google, Inc.. New Address: Phone (212) 849-7106, Fax (212) 849-7100. (Defranco, Edward) |
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Filing 24
ORDER: Defendant's motion to dismiss was filed on March 20, 2009. Plaintiff's opposition papers would be due April 3, 2009, but the Court extends the time for him to file his opposition papers to April 13, 2009. Defendant's reply papers shall be due April 21, 2009. If either party needs an extension, they shall promptly seek it. The Court stays discovery because of the pending motion to dismiss, until the Court decides the motion to dismiss or until further Court Order. The parties are advised that my chambers (Room 1370, 500 Pearl Street) are to be provided with a (paper) courtesy copy of all papers already filed and all papers hereafter filed with the Court. The parties are to follow the "Individual Practices of Magistrate Judge Andrew J. Peck." So Ordered (Signed by Magistrate Judge Andrew J. Peck on 3/27/09) (js)
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| Filing 23 MEMO ENDORSED ON MOTION FOR PLAINTIFF OF ECF ACCESS: ENDORSEMENT: Request denied- The ECF System is for use by attorneys only. However, the public (including Mr. Desenberg) can pull up and print out ECF filings in this case through the PACER system. In addition, this Judge will fax Orders to Mr. Desenberg if he supplies a fax number, or will email them to him. So Ordered (Signed by Magistrate Judge Andrew J. Peck on 3/27/09) (js) Copies Mailed By Chambers |
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Andrew J. Peck. Motions referred to Andrew J. Peck. (Signed by Judge George B. Daniels on 3/26/09) (tro)
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| Filing 21 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Google, Inc.. (Attachments: # 1 Exhibit A)(Curran, Patrick) |
| Filing 20 NOTICE OF APPEARANCE by Patrick Daniel Curran on behalf of Google, Inc. (Curran, Patrick) |
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Filing 19
MEMO ENDORSEMENT on ORDER TO SHOW CAUSE FOR INJUNCTION AND RESTRAINING TO HALT DEFENDANT'S WILLFUL DEGRADATION OF PLAINTIFF'S TECHNOLOGY, Motion denied. (Signed by Judge George B. Daniels on 3/19/09) (mme)
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| Filing 18 ENDORSED LETTER addressed to Judge George B. Daniels from Edward J. DeFranco dated 3/19/09 re: Counsel requests that the Court postpone the pro se pretrial conference until Thursday, March 26, 2009. ENDORSEMENT: The conference is adjourned to March 26, 2009 at 9:30 a.m. (Signed by Judge George B. Daniels on 3/23/09) (mme) |
| Filing 17 DECLARATION of Edward DeFranco in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Defranco, Edward) |
| Filing 16 RESPONSE in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Google, Inc.. (Defranco, Edward) |
| Filing 15 DECLARATION of Edward DeFranco in Support re: 13 MOTION to Dismiss.. Document filed by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Defranco, Edward) |
| Filing 14 MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss.. Document filed by Google, Inc.. (Defranco, Edward) |
| Filing 13 MOTION to Dismiss. Document filed by Google, Inc..(Defranco, Edward) |
| Filing 12 NOTICE OF APPEARANCE by Charles K. Verhoeven on behalf of Google, Inc. (Verhoeven, Charles) |
| Filing 11 NOTICE OF APPEARANCE by Edward John Defranco on behalf of Google, Inc. (Defranco, Edward) |
| Filing 10 STIPULATION TO EXTEND TIME. Google agrees to not contest the subject matter jurisdiction of this Court in this case, but reserves its right to assert any other defenses; Google's time in which to move, answer, or otherwise respond to the Complaint shall be extended to and including March 20, 2009; Google's time in which to respond to Plaintiff's 4 MOTION for Preliminary Injunction shall be extended to and including March 20, 2009. (Signed by Judge George B. Daniels on 2/23/09) (djc) |
| Filing 9 MOTION for an order to grant ECF access and provide a password to the plaintiff during the pendency of this action. Document filed by Roger Marx Desenberg.(djc) |
| Filing 8 MOTION for a final hearing for the motion for preliminary injunction...; Document filed by Roger Marx Desenberg.(djc) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Google, Inc. served on 2/4/2009, answer due 2/24/2009. Service was accepted by Eyllen Cruz. Document filed by Roger Marx Desenberg. (pl) |
| Filing 5 AFFIDAVIT of Roger Marx Desenberg in Support re: 4 MOTION for Preliminary Injunction. Document filed by Roger Marx Desenberg. (pl) |
| Filing 4 MOTION for an order for Preliminary Injunction. Document filed by Roger Marx Desenberg.(pl) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Google, Inc. served on 12/8/2008. Service was accepted by Defendant. Document filed by Roger Marx Desenberg. (pl) |
| Filing 3 PRO SE PRETRIAL CONFERENCE NOTICE: Initial Conference set for 3/25/2009 at 09:30 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/25/2008) (jfe) |
| Filing 2 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) |
| Filing 1 COMPLAINT against Google, Inc.. (Filing Fee $ 350.00, Receipt Number 670420)Document filed by Roger Marx Desenberg.(rdz) |
| SUMMONS ISSUED as to Google, Inc.. (rdz) |
| Magistrate Judge Andrew J. Peck is so designated. (rdz) |
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