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15-2799 - Alexsam, Inc. v. Mastercard International Incorporated


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15-2799 - Alexsam, Inc. v. Mastercard International Incorporated
August 17, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 113 re 67 Notice of MOTION to Amend/Correct/Supplement Complaint, filed by Alexsam, Inc., and 86 Notice of MOTION for Sanctions filed by Mastercard International Incorporated. The Plaintiff's objections to the Report and Recommendations is dismissed. Plaintiff's motion to amend the Complaint and Defendant's cross-motion for sanctions are DENIED. Ordered by Judge I. Leo Glasser on 8/17/2017. (Weitzer, Iliza)
June 11, 2018
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l the District Court's order. See Small v. Secy of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (discussing waiver under the former ten-day limit). Ordered by Magistrate Judge Steven M. Gold on 6/11/2018. (Recca, Vincent), or voice response device, selected in advance from among two or more devices to receive the requested information.I further respectfully recommend that the Court reject MasterCard's contention that the phrase "transmitting a rejection code to said point-of-sale device if said pin entered does not correspond to said identification number" renders Claim 31 of the '787 patent indefinite under 32 U.S.C. § 112(b). Any objections to the recommendations made in this Report must be submitted within fourteen days after filing of the Report and, in any event, no later than June 25, 2018. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. Proc. 72(b)(2). Failure to file timely objections may waive the right to appeaREPORT AND RECOMMENDATION: For the reasons contained herein, I respectfully recommend that the Court adopt the following constructions of the following claims: 1."debit/medical services card": A card that can function as part of a multifunction card system as both a debit card and a medical services card, the different functions depending upon the database the system is directed to access when the card is used. 2."loyalty card": A card, separate from a card used to purchase goods or services, used to reward a consumers loyalty account at the point of sale in real time as a purchase takes place. 3."preselected information retrieval device": A device, such as an electronic mail device, facsimile device