Road Widener, LLC v. Robert H. Finke & Sons, Inc.

United States District Court Northern District of New York
Case #: 1:20-cv-00160
Circuit: 2nd
Cause: 35:271 Patent Infringement

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Plaintiffs:

Road Widener, LLC,

Defendants:

Robert H. Finke & Sons, Inc.,

2022-01-12: ORDER on REPORT & RECOMMENDATION granting DKT # 58 Motion for TRO, denying DKT # 62 Motion for Judgment on the Pleadings; and adopting DKT # 68 Report and Recommendations. it is ORDERED that The Report & Recommendation (Dkt. No. 68) is accepted and adopted; Road Wideners emergency motion to strike (Dkt. No. 58) is GRANTED; Finke & Sons revised non-infringement contentions addressing whether the SM2100 has angled walls for receiving debris at an angle of deflection which minimizes the impact of debris on a conveyer belt; whether the SM2100 has a support frame supported by at least two support brackets; whether the SM2100 includes a power system system, or hydraulic system for powering the conveyer system; and whether the SM2100 includes at least one contact roller rotatably attached to the support frame are STRICKEN; and Finke and Sons motion for a judgment on the pleadings (Dkt. No. 62) is DENIED. IT IS SO ORDERED. Signed by Judge David N. Hurd on January 12,2022. (gmd, )

2021-12-09: REPORT AND RECOMMENDATION: It is RECOMMENDED that Road Widener's #58 motion to strike be GRANTED as to Finke & Sons' challenged revised non-infringement contentions addressing (1) whether the SM2100 has angled walls for receiving debris at an angle of deflection which "minimizes" the impact of debris on a conveyer belt, (2) whether the SM2100 has a support frame "supported by at least two support brackets," (3) whether the SM2100 includes a "power system," "system," or "hydraulic system" for powering the conveyer system, and (4) whether the SM2100 includes at least one "contact roller rotatably attached" to the support frame; and that those portions of Finke & Sons' revised noninfringement contentions be STRICKEN; and it is further RECOMMENDED that Finke and Sons' #62 Motion for Judgment on the pleadings be DENIED. Objections to R&R due by 12/23/2021. Signed by Magistrate Judge David E. Peebles on 12/9/21. (lmw)

2021-06-30: ORDER adopting the # 48 Report and Recommendations. Signed by Judge David N. Hurd on 6/30/2021. (pjh, )

2021-05-13: REPORT AND RECOMMENDATIONS: Based on the parties oral and written presentations including by not limited to the # 36 Opening Claim Construction Brief and the # 38 Opening Claim Construction Brief, it is RECOMMENDED that the Court affix the meaning referenced within the attached chart to the patent claim terms. Objections to R&R due by 5/27/2021. Signed by Magistrate Judge David E. Peebles on 5/13/2021. (jmb)