Noble Security, Inc. et al v. Acco Brands Corporation
| Noble Security, Inc. and Meir Avganim |
| Acco Brands Corporation |
| 1:2016cv09129 |
| November 23, 2016 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul G. Gardephe |
| Patent |
| 35 U.S.C. ยง 271 |
| Plaintiff |
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Filing
193
ORDER : Oral argument on the pending motions for summary judgment will take place via video (TEAMS) on Monday, March 17, 2025, at 2:30 p.m. The Court will email the attorneys with the information to connect to the proceeding. The public may attend by dialing 646-453-4442 and using access code: 264 935 253#. The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbi dden. Each attorney is directed to ensure that all other parties on the case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in compliance with Judge Gorenstein's rules (available at https://www.nysd.uscourts.gov/hon-gabriel-w-gorenstein). SO ORDERED. ( Oral Argument set for 3/17/2025 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/10/2025) (jjc)
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Filing
192
ORDER TO MODIFY SEALED VIEWING LEVEL granting 191 Letter Motion to Seal. For the reasons stated in the defendant's letter (Docket # 191), the Court finds it appropriate to redact certain information from Docket # 163-12 and to unseal any othe r documents filed in support of the summary judgment motion that were originally filed under seal. Accordingly, the Clerk is requested to modify the viewing level of Docket ## 153, 154, 155, 156, 160, 164, and 171 including all attachments to the pu blic viewing level. The Clerk is requested to maintain the sealing of Docket # 163-12. However, the Clerk is requested to modify the viewing level of Docket # 163 and its attachments with the exception of the attachment docketed at # 163-12 to the public viewing level. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/3/2025) (sgz) Modified on 3/3/2025 (sgz).
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Filing
185
ORDER granting 183 Letter Motion for Extension of Time to File. Extension to February 27, 2025, granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/13/2025) (sgz)
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Filing
181
ORDER denying 146 Letter Motion to Seal; denying 147 Letter Motion to Seal; denying 157 Letter Motion to Seal; denying 162 Letter Motion to Seal; denying 169 Letter Motion to Seal. Accordingly, the motions to seal (Docket ## 146, 147, 157 , 162, and 169) are denied. The Court will not order unsealing of the documents at this time but will instead give any party that seeks to seal any documents an opportunity to make a proper sealing application. Any such application shall be file d by February 13, 2025, and shall comply with Lugosch and its progeny. The Court warns the parties that any such application will likely be denied to the extent it seeks the redaction of any document in its entirety as it is obvious that there is no justification for the redaction of large portions of documents currently filed in redacted form. Instead, an applicant must propose the narrowest possible set of redactions (if any). Any application shall be made by letter or memorand um of law and shall specifically identify each portion of a document sought to be filed in redacted form and, for each redaction (or grouping of redactions, if related) explain in detail the justification for the redaction in accordance with case law. If no application is filed by the deadline above, the Court will order the unsealing of the sealed documents. As further set forth in the Order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/6/2025) (cf)
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Filing
180
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, December 16, 2024, at10:00 a.m. The settlement conference will take place by video as requested by the parties. Counsel must read the Court 9;s "Standing Order Applicable to Video Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. (Settlement Conference set for 12/16/2024 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/22/2024) (sgz)
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Filing
177
ORDER, ( Pretrial Conference set for 11/6/2024 at 03:30 PM before Judge Margaret M. Garnett.)A pre-trial conference in this matter is scheduled for Wednesday, November 6, 2024, at 3:30 p.m. in Courtroom 519, United States Courthouse, 40 Centre Stree t, New York, New York, 10007. The Court will not hear oral argument on the pending motions as that term is normally understood. Instead, the Court asks that the parties bring the devices at issue to the conference to demonstrate their features to th e Court as they relate to the arguments made in the motions for summary judgment. While the parties will be expected to explain in summary fashion how their arguments relate to those features, the Court will not be questioning the parties on any statements in their briefs or on any case law. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/29/2024) (ar)
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Filing
139
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment, including the previou sly ordered summary judgment briefing schedule, see Dkt. No. 138. All counsel must familiarize themselves with the Court's Individual Rules & Practices, which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/14/2024) (tg)
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Filing
138
ORDER TO EXTEND TIME: IN ACCORDANCE WITH THE JOINT STIPULATION AND AGREEMENT of Plaintiffs and Counterclaim-Defendants Noble Security, Inc. and Meir Avganim and Defendant and Counterclaim-Plaintiff ACCO Brands Corp., the deadlines for the schedul e for briefing the parties' motions for summary judgment are extended as follows: 1. Moving Papers would be due on March 29, 2024. 2. Opposition Papers would be due on April 26, 2024. 3. Reply Papers would be due on May 17, 2024. IT IS HEREBY ORDERED this 31dt day of January, 2024 (Signed by Judge Paul G. Gardephe on 1/31/2024) ( Motions due by 3/29/2024., Replies due by 5/17/2024., Responses due by 4/26/2024) (ks)
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Filing
136
ORDER: It is hereby ORDERED that the following schedule will apply to Plaintiffs' Defendant's motions for summary judgment: 1. Moving papers are due on February 16, 2024; 2. Opposition papers are due on March 15, 2024; and 3. Reply papers, if any, are due on March 29, 2024. The Clerk of the Court is directed to terminate the motions. (Dkt. Nos. 132, 133). SO ORDERED. ( Motions due by 2/16/2024., Replies due by 3/29/2024., Responses due by 3/15/2024) (Signed by Judge Paul G. Gardephe on 1/18/2024) (tg)
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Filing
121
ORDER: The status conference scheduled for August 25, 2022, is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/08/2022) (ama)
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Filing
117
ORDER : The status conference previously scheduled for July 28, 2022, is adjourned to August 25, 2022, at 10:00 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtai n access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case t o be called. At that time, the Court will un-mute the parties' lines. Two days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the p arties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. (Signed by Judge Paul G. Gardephe on 7/27/2022) ( Telephone Conference set for 8/25/2022 at 10:00 AM before Judge Paul G. Gardephe.) (ks)
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Filing
114
ORDER: The conference scheduled for May 12, 2022, will now take place at 11:45 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the tel ephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At th at time, the Court will un-mute the parties lines. Before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/11/2022) (ks)
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Filing
111
ORDER: As discussed at today's conference, by January 28, 2022, the parties will file a joint submission addressing the following: (1) a proposed case management plan for completing discovery, a standard form of which is available on the Co urt's website; (2) expected motion practice; and (3) the prospect for settlement, including whether both sides believe that a settlement conference before the assigned magistrate judge Judge Gorenstein might be productive. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/21/2022) (ks)
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Filing
110
ORDER granting 109 Letter Motion to Adjourn Conference. The application is granted. The conference currently scheduled on January 14, 2022 is adjourned to January 21, 2022 at 11:00 a.m. SO ORDERED. Telephone Conference set for 1/21/2022 at 11:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 1/12/2022) (vfr)
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Filing
108
MEMORANDUM OPINION & ORDER: For the reasons stated above, this Court declines to construe the disputed terms of the '697 Patent, the '422 Patent, and the '558 Patent. This Court further concludes that the terms "protrusion,&quo t; "lock interface member," and portable electronic device" are claim limitations of the '422 Patent, and that "aperture" is a claim limitation of the '422 Patent and the '558 Patent. A telephonic conference in this matter will take place on January 14, 2022 at 11:00 a.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/11/2022) ( Telephone Conference set for 1/14/2022 at 11:00 AM before Judge Paul G. Gardephe.) (ks)
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