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11-761 - PPC Broadband, Inc. v. Corning Optical Communications RF, LLC


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11-761 - PPC Broadband, Inc. v. Corning Optical Communications RF, LLC
September 5, 2012
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REPORT AND RECOMMENDATIONS regarding 34 & 36 Opening Claim Construction Briefs: Recommending the court affix the stated meanings to the patent claim terms in disputed. Objections to R&R due by 9/24/2012. Signed by Magistrate Judge David E. Peebles on 9/5/2012. (amt) Modified on 9/6/2012 (sal, ).
November 21, 2012
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MEMORANDUM-DECISION and ORDER - ORDERED that Magistrate Judge David E. Peebles September 5, 2012 Report-Recommendation and Order (Dkt. No. 59) is ADOPTED in its entirety; and it is further ORDERED that the following meanings shall be affixed t conduct all further proceedings in this case under 28 U.S.C. ยง 636(c). Signed by Chief Judge Gary L. Sharpe on 11/21/2012. (Attachments: # (1) Judge Peebles' Report Recommendation) (jel, )o the patent claim terms in dispute: Disputed Term Proposed Construction Cylindrical Body Member No Construction Necessary First End No Construction Necessary Cylindrical Sleeve No Construction Necessary First Central Bore A cavity lying between the inner wall of the cylindrical sleeve (194 Patent) or connector body (940 Patent) and the tubular post (194Patent) or the post (940 Patent) Compression Ring structure of a connector that deforms the rear end portion ofthe cylindrical sleeve inwardly toward the tubular post when slidaxially over the cylindrical body member Central Passageway a cavity in the center of thecompression ring (194 Patent) or fastener member (940 Patent) extending between the first and second ends thereof. Commensurate mean of corresponding extent, magnitude, or degree;proportionate, adequate. Said Inwardly Tapered Annular No Construction Necessary Wall Causing Said Rear End Portion of Said Cylindrical Sleeve to be Deformed Inwardly Connector Body Member No Construction Necessary Fastener Member the structure of the connectorthat deforms the connector body member inwardly toward the post when slid over the connectorbody member ORDERED parties to notify the court, within fourteen (14) days of the date of this Memorandum-Decision and Order of their intentions regarding consent to have Judge Peebles
December 11, 2012
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SUMMARY ORDER - That PPC's 49 Motion for Partial Summary Judgment is DENIED as premature. Signed by Chief Judge Gary L. Sharpe on 12/11/2012. (jel, )
December 23, 2013
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MEMORANDUM-DECISION and ORDER - That Gilbert's 135 Motion for Summary Judgment on collateral estoppel is DENIED. That PPC's 164 Cross Motion for Summary Judgment seeking dismissal of the collateral estoppel defense is GRANTED. Signed by Chief Judge Gary L. Sharpe on 12/23/2013. (jel, )
January 31, 2014
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MEMORANDUM-DECISION and ORDER - That PPC's motion to exclude the opinions of Dr. Mroczkowski and Burris (Dkt. No. 129) is DENIED. That Gilbert's motion to strike and/or preclude certain opinions of Dr. Eldering (Dkt. No. 134) is DENIED. That PPC's motion to exclude the trial testimony of Mossinghoff (Dkt. No. 126) is DENIED with leave to renew prior to trial. That Gilbert's motion to exclude the trial testimony of Dr. Beutel (Dkt. No. 133) is DENIED with leave to renew prior to trial. That PPC's motion for summary judgment on infringement (Dkt. No. 127) is DENIED. That Gilbert's motion for summary judgment on non-infringement (Dkt. No. 132) is DENIED. That PPC's motion requesting oral argument on the pending dispositive motions (Dkt. No. 187) is DENIED. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
January 31, 2014
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MEMORANDUM-DECISION and ORDER - That PPC's motion for summary judgment on collateral estoppel (Dkt. No. 128) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to the validity of the 194 patent, such that Gilbert's affirmative defense and counterclaim for a declaratory judgment of invalidity of the 194 patent is DISMISSED and DENIED in all other respects. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
January 31, 2014
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MEMORANDUM-DECISION and ORDER - That PPC's motion to strike portions of Gilbert's submissions regarding the defenses of laches and equitable estoppel (Dkt. No. 198) is DENIED. That Gilbert's motion for summary judgment on laches and equitable estoppel (Dkt. No. 136) is DENIED. That PPC's cross motion for summary judgment on laches and equitable estoppel (Dkt. No. 169) is DENIED. That Gilbert's motion for summary judgment on the issue of willfulness (Dkt. No. 131) is DENIED. Signed by Chief Judge Gary L. Sharpe on 1/31/2014. (jel, )
February 13, 2014
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MEMORANDUM-DECISION and ORDER - That PPC's 125 Motion for Summary Judgment on Gilbert's state law counterclaims is GRANTED. That Gilbert's state law tort counterclaims (Dkt. No. 6 132-42) are DISMISSED. That the case is trial ready and the Clerk shall issue a trial scheduling order in due course. Signed by Chief Judge Gary L. Sharpe on 2/13/2014. (jel, )
June 16, 2016
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MEMORANDUM-DECISION and ORDER - That Corning's motion for a judgment as a matter of law or, alternatively, for a new trial (Dkt. No. 406) is DENIED. That PPC's motion for summary judgment (Dkt. No. 407) is GRANTED. That Corning's inequitable conduct defense and counterclaim (Dkt. No. 229 71, 144-91) is DISMISSED. That the Clerk issue a scheduling order in due course. Signed by Senior Judge Gary L. Sharpe on 6/16/2016. (jel, )
November 3, 2016
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MEMORANDUM-DECISION and ORDER - That PPC's motion for enhanced damages and attorneys' fees (Dkt. No. 412) is GRANTED IN PART and DENIED IN PART as follows: GRANTED with respect to enhanced damages and that the rate of enhancement is doubled to the amount of $47.7 million and DENIED with respect to attorneys' fees. That PPC's motion for prejudgment interest (Dkt. No. 409) is GRANTED IN PART and DENIED IN PART as follows: GRANTED to the extent that the prejudgment interest rate is the New York statutory rate of nine percent per annum and DENIED in all other respects. That interest shall be calculated on Corning's annual sales of the infringing products. That the parties shall submit a jointly stipulated proposed form of order consistent with this opinion calculating prejudgment interest on or before fourteen (14) days from the date of this order. Signed by Senior Judge Gary L. Sharpe on 11/3/2016. (jel, )
November 18, 2016
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ORDER - That PPC is entitled to $1,607,844 in supplemental damages. That the supplemental damages award is doubled. That PPC is entitled to $10,423,628 in prejudgment interest. That the Clerk enter judgment for PPC consistent with this order, the court's November 3, 2016 Memorandum-Decision and Order (Dkt. No. 526), and the jury's July 23, 2015 verdict (Dkt. No. 358). Signed by Senior Judge Gary L. Sharpe on 11/18/2016. (jel, )
February 3, 2017
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MEMORANDUM-DECISION and ORDER - ORDERED that PPC is awarded costs in the amount of $90,741.55, which represents $350 as fees of the Clerk; $32,089.60 as fees for printedor electronically recorded transcripts necessarily obtained for use in the case; $4,630.00 as fees for witnesses; $53,671.95 as fees forexemplification and the costs of making copies of any materials where thecopies are necessarily obtained for use in the case. Signed by Senior Judge Gary L. Sharpe on 2/3/2017. (jel, )
June 18, 2018
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REPORT AND RECOMMENDATIONS that PPC's motion (Dkt. No. 548) should be GRANTED, except that its request for an award of costs and attorney's fees should be DENIED. The supersedeas bond in this matter should be enforced, and the surety, the Westchester Fire Insurance Company, should be directed to pay the amount owing on the judgments entered, with accrued interest to date, over to PPC unless, within a commercially reasonable time to be established by the court, Corning tenders payment in full of the outstanding judgments with accrued interest. Objections to R&R due by 7/2/2018. Signed by Magistrate Judge David E. Peebles on 6/18/2018. (Served Todd R. Braggins, Esq., counsel for Westchester Fire Insurance Company, electronically and upon Westchester Fire Insurance Company by regular mail). (sal )
July 16, 2018
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SUMMARY ORDER - That the 564 Report and Recommendation is ADOPTED in its entirety. That PPC's 548 Motion to Enforce Judgment is GRANTED IN PART and DENIED IN PART as follows: DENIED with respect to an award of costs and attorneys' fees; and GRANTED in all other respects. That the supersedeas bond shall be enforced and the surety, Westchester, shall pay the amount owing and on the judgments, with accrued interest to date, to PPC unless within seven (7) days of issuance of this Summary Order Corning tenders full payment of the outstanding judgments with accrued interest to date to PPC. Signed by Senior Judge Gary L. Sharpe on 7/16/2018. (jel, )