American Infertility of New York, P.C. et al v. CNY Fertility PLLC
Plaintiff: Fertility Nutraceuticals, LLC, American Infertility of New York, P.C. agent of d/b/a The Center for Human Reproduction and American Infertility of New York, P.C. doing business as The Center for Human Reproduction
Defendant: CNY Fertility PLLC agent of d/b/a CNY Fertility Center and CNY Fertility PLLC doing business as CNY Fertility Center
Case Number: 1:2021cv05566
Filed: June 25, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2021 Opinion or Order Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. CNY Fertility PLLC waiver sent on 6/29/2021, answer due 8/30/2021. Document filed by CNY Fertility PLLC..(Ferrara, Paul)
June 28, 2021 Opinion or Order Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 6, 2021 at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/6/2021 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/28/21) (yv)
June 28, 2021 Opinion or Order Filing 7 ELECTRONIC SUMMONS ISSUED as to CNY Fertility PLLC..(pc)
June 28, 2021 Opinion or Order Filing 6 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc)
June 28, 2021 Opinion or Order Case Designated ECF. (pc)
June 28, 2021 Opinion or Order Case Eligible for Patent Pilot Program. (pc)
June 28, 2021 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
June 28, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
June 28, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven Mark. Lester. The party information for the following party/parties has been modified: American Infertility of New York, P.C., CNY Fertility PLLC. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly;. (pc)
June 25, 2021 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Infertility of New York, P.C., Fertility Nutraceuticals, LLC..(Lester, Steven)
June 25, 2021 Opinion or Order Filing 4 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lester, Steven)
June 25, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CNY Fertility, PLLC, d/b/a CNY Fertility Center, re: #1 Complaint,. Document filed by American Infertility of New York, P.C., Fertility Nutraceuticals, LLC..(Lester, Steven)
June 25, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Lester, Steven)
June 25, 2021 Opinion or Order Filing 1 COMPLAINT against CNY Fertility PLLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24721272)Document filed by American Infertility of New York, P.C., Fertility Nutraceuticals, LLC. (Attachments: #1 Exhibit US Patent 8067400, #2 Exhibit United States Patent_ 9375436, #3 Exhibit DHEA for ertility, #4 Exhibit ountain DHEA _ Pharmaceutical Grade Micronized DHEA, #5 Exhibit CNY Email Promoting Fountain DHEA).(Lester, Steven)

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Defendant: CNY Fertility PLLC agent of d/b/a CNY Fertility Center
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Defendant: CNY Fertility PLLC doing business as CNY Fertility Center
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Plaintiff: Fertility Nutraceuticals, LLC
Represented By: Steven Mark. Lester
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Plaintiff: American Infertility of New York, P.C. agent of d/b/a The Center for Human Reproduction
Represented By: Steven Mark. Lester
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Plaintiff: American Infertility of New York, P.C. doing business as The Center for Human Reproduction
Represented By: Steven Mark. Lester
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