The Green Pet Shop Enterprises, LLC v. European Home Design, LLC

Justia Dockets & Filings Second Circuit New York Southern District The Green Pet Shop Enterprises, LLC v. European Home Design, LLC

The Green Pet Shop Enterprises, LLC v. European Home Design, LLC

Plaintiff:	The Green Pet Shop Enterprises, LLC
Defendant:	European Home Design, LLC
Case Number:	1:2017cv06238
Filed:	August 17, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	John G. Koeltl
Nature of Suit:	Patent
Cause of Action:	35 U.S.C. § 271
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 13, 2019	Filing 78 OPINION AND ORDER re: 67 SECOND MOTION to Strike Document No. [61-9] . filed by European Home Design, LLC, 58 MOTION to Strike Document No. [52-5] Notice of Motion to Strike or Exclude the Declaration of Nathaniel A. Lynd, PH.D.. filed by European Home Design, LLC, 55 MOTION for Summary Judgment . filed by European Home Design, LLC. For the reasons stated above, European Homes motion for summary judgment and motions to strike are DENIED. With respe ct to the parties disputes concerning claim construction, "predefined distance" is construed to mean "established distance"; "pressure activated" is construed to mean activated at least in part by pressure and "endo thermically activated and endothermically deactivated upon the application and release of pressure, respectively" is construed to mean "absorbs heat and emits heat upon, at least in part, the application and release of pressure, respectivel y"; "composition" is construed to mean a "mixture of elements"; and "recharging" is construed to mean "reversible." The parties shall appear for a pretrial conference on March 28, 2019, at 2:45 p.m. By Thu rsday of the week prior to the pretrial conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case and the parties' proposed next steps, including a proposed schedule going forward. The Clerk of Court is directed to terminate Docket Nos. 55, 58, and 67. SO ORDERED. (Pretrial Conference set for 3/28/2019 at 02:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/13/2019) (kv)

Date Filed

Document Text

March 13, 2019

Filing 78 OPINION AND ORDER re: 67 SECOND MOTION to Strike Document No. [61-9] . filed by European Home Design, LLC, 58 MOTION to Strike Document No. [52-5] Notice of Motion to Strike or Exclude the Declaration of Nathaniel A. Lynd, PH.D.. filed by European Home Design, LLC, 55 MOTION for Summary Judgment . filed by European Home Design, LLC. For the reasons stated above, European Homes motion for summary judgment and motions to strike are DENIED. With respe ct to the parties disputes concerning claim construction, "predefined distance" is construed to mean "established distance"; "pressure activated" is construed to mean activated at least in part by pressure and "endo thermically activated and endothermically deactivated upon the application and release of pressure, respectively" is construed to mean "absorbs heat and emits heat upon, at least in part, the application and release of pressure, respectivel y"; "composition" is construed to mean a "mixture of elements"; and "recharging" is construed to mean "reversible." The parties shall appear for a pretrial conference on March 28, 2019, at 2:45 p.m. By Thu rsday of the week prior to the pretrial conference, the parties shall file on ECF a joint letter, not to exceed three pages, regarding the status of the case and the parties' proposed next steps, including a proposed schedule going forward. The Clerk of Court is directed to terminate Docket Nos. 55, 58, and 67. SO ORDERED. (Pretrial Conference set for 3/28/2019 at 02:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/13/2019) (kv)

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Plaintiff: The Green Pet Shop Enterprises, LLC
Represented By:	Kenneth Martin Bernstein
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Defendant: European Home Design, LLC
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