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03-4696 - Spiel Associates, Inc. v. Gateway Bookbinding Systems, Ltd.

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03-4696 - Spiel Associates, Inc. v. Gateway Bookbinding Systems, Ltd.
June 21, 2007
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REPORT AND RECOMMENDATIONS: This Court recommends that the Special Master's Report be adopted in its entirety, over Spiel's objections. Any objections to the recommendations contained herein must be filed with the Honorable Frederic Block by July 7, 2007. Failure to file objections in a timely manner may waive a right to appeal the District Court order. Ordered by Judge Roanne L. Mann on June 21, 2007. (Lee, Tiffeny)
February 28, 2008
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ORDER re 87 Report and Recommendation of Magistrate Judge Roanne L. Mann. The Court accepts the Special Master's and Magistrate Judge's construction of the terms: "conveyor," "hot binding coils," "first high temperature," and "ambient air." The Court defines the disputed terms as follows: (1) "conveyor" is defined as a device that includes a moving surface for transporting articles, as opposed to a chute or a slide, (2) "hot binding coils"is defined as coils formed in the forming machine which have not been cooled by means other than exposure to ambient air within the forming machine, (3) with respect to the '502 Patent, "first higher temperature" is defined as the temperature at which the hot binding coils are formed, and (4) "ambient air" is defined as surrounding air that has not been modified, as by a compressor, refrigerant or a fan. Ordered by Senior Judge Frederic Block on 2/27/2008. (Lee, Tiffeny)