Significant Decisions/Orders Filed in October 2014

Dr. Paula Small v. Implant Direct MFG. LLC d/b/a Implant Direct, LLC
Case Number: 1:06-cv-00683-NRB
Date: October 23, 2014
Document (Dkt. 363)

In denying attorney’s fees under 35 U.S.C. § 285, Judge Buchwald reviews post-Octane decisions.

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Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al.
Case Number:1:07-cv-11450-RWS
Date: October 21, 2014
Document (Dkt. 311)

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final judgment.
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Keystone Global LLC v. Auto Essentials Inc., et al.
Case Number: 1:12-cv-09077-DLC-GWG
Date: October 1, 2014
Document (Dkt. 117)

Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

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Rates Technology Inc. v. Broadvox Holding Company, LLC, et al.
Case Number: 1:13-cv-00152-SAS
Date: October 7, 2014
Document (Dkt. 181)

Motions for fees by victorious patent defendant and by plaintiffs counsel both denied.

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JobDiva, Inc. v. Monster Worldwide, Inc.
Case Number: 1:13-cv-08229-KBF
Date: October 3, 2014
Document (Dkt. 174)

Claim terms construed, emphasizing construction is a mixed question of law and fact, and finding a preamble limiting and indefinite. The parties settle.

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Regeneron Pharmaceuticals, Inc. v. Ablexis LLC
Case Number: 1:14-v-01651-KBF
Date: October 17, 2014
Document (Dkt. 123)

Judge Forrest: “Regeneron's position that each claim in its ‘018 Patent has a single limitation is, at the very least, odd. It is also possibly a colossal tactical blunder.”

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Hockeyline, Inc. v. Stats LLC
Case Number: 2:13-cv-01446-CM
Date: October 21, 2014
Document (Dkt. 45)

Judge McMahon stays case because of IPR, based on parties’ joint request.

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CDx Diagnostics, Inc. et al. v. U.S. Endoscopy Group, Inc. et al.
Case Number: 7:13-cv-05669-NSR
Date: October 8, 2014
Document (Dkt. 28)

Judge Román stays case because of IPRs based on parties’ joint request.

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Joao Control & Monitoring Systems, LLC v. City of Yonkers, et al.
Case Number:  1:12-cv-07734-RJS
Date: October 2, 2014
Document (Dkt. 129)

Judge Sullivan orders counsel and attorneys to meet and confer regarding discovery disputes for at least 4 hours at the courthouse.

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Kowa Company Ltd. v. Aurobindo Pharma Ltd., et al.
Case Number:  1:14-cv-02497-PAC
Date: October 17, 2014
Document (Dkt. 40)

The Local Patent Rules regarding infringement contentions do not apply to this Hatch-Waxman case.

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