MATTHEWS INTERNATIONAL CORPORATION v. BIOSAFE ENGINEERING, LLC et al

Federal Civil Lawsuit Pennsylvania Western District Court, Case No. 2:11-cv-00269-NBF
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Parties
No Logo Matthews International Corporation, Plaintiff

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin P. Allen +1 412 566 6866 +1 412 394 2555 kpallen@eckertseamans.com

Represented by THE WEBB LAW FIRM

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John W. Mc Mcilvaine +1 412 471 8815 +1 412 471 4094 JMcIlvaine@webblaw.com

Represented by Webb Law Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Adam J. Komorowski +1 412 471 8815 akomorowski@webblaw.com
v.
No Logo Biosafe Engineering, LLC, Defendant

Represented by Helmick, James

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve Zlatos PHV +1 317 634 3456 +1 317 637 7561 szlatos@uspatent.com

Represented by Henry W. Oliver Building

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael G. Monyok +1 412 642 5000 +1 412 642 5010 mmonyok@schermerlaw.com

Represented by Leland Schermer & Associates

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Bryan A. Loose +1 412 642 5000 +1 412 642 5010 bloose@schermerlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Leland P. Schermer +1 412 642 5000 +1 412 642 5010 lschermer@schermerlaw.com

Represented by Mullis, Jerry D.

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder +1 317 634 3456 +1 317 637 7561 judy@uspatent.com

Represented by Woodard, Emhardt, Moriarty, McNett & Henry LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Lisa A. Hiday +1 317 634 3456 lhiday@uspatent.com
No Logo Digestor, LLC, Defendant

Represented by Helmick, James

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steve Zlatos PHV +1 317 634 3456 +1 317 637 7561 szlatos@uspatent.com

Represented by Henry W. Oliver Building

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael G. Monyok +1 412 642 5000 +1 412 642 5010 mmonyok@schermerlaw.com

Represented by Leland Schermer & Associates

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Bryan A. Loose +1 412 642 5000 +1 412 642 5010 bloose@schermerlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Leland P. Schermer +1 412 642 5000 +1 412 642 5010 lschermer@schermerlaw.com

Represented by Mullis, Jerry D.

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED TTAB Attorney Placeholder +1 317 634 3456 +1 317 637 7561 judy@uspatent.com

Represented by Woodard, Emhardt, Moriarty, McNett & Henry LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Lisa A. Hiday +1 317 634 3456 lhiday@uspatent.com
Attributes
Citation Section 35 U.S.C. § 145
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (42) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 41 Filed: 11/6/2012, Entered: None
MANDATE of USCA for the Federal Circuit as to 37 Notice of Appeal, filed by MATTHEWS INTERNATIONAL CORPORATION Affirming judgment/order of the district court. (jsp) (Entered: 11/06/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 9/26/2012, Entered: None
ORDER of USCA as to 37 Notice of Appeal, filed by MATTHEWS INTERNATIONAL CORPORATION affirming 35 Order of District Court. (Attachment: # 1 Envelope) (jsp) (Entered: 09/28/2012)
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Legal Document (Payment Possibly Required) 39 Filed: 11/2/2011, Entered: None
NOTICE of Docketing re 37 Notice of Appeal received from US Court of Appeals for the Federal Circuit indicating said appeal has been assigned case number 2012-2044. (jsp) (Entered: 11/02/2011)
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Legal Document (Payment Possibly Required) 38 Filed: 10/20/2011, Entered: None
NOTICE AND CERTIFICATION Regarding Transcript re 37 Notice of Appeal Indicating No Transcript Will Be Ordered by MATTHEWS INTERNATIONAL CORPORATION (Allen, Kevin) Modified on 10/21/2011. (jsp) (Entered: 10/20/2011)
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Legal Document (Payment Possibly Required) 37 Filed: 10/7/2011, Entered: None
NOTICE OF APPEAL as to 34 Memorandum & Opinion, 35 Order on Motion to Dismiss,, by MATTHEWS INTERNATIONAL CORPORATION. Filing fee $ 455, receipt number 0315-2117625. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Allen, Kevin) (Entered: 10/07/2011)
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Legal Document (Payment Possibly Required) 36 Filed: 9/28/2011, Entered: None
NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re 35 Order on Motion to Dismiss (jsp) (Entered: 09/28/2011)
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Legal Document (Payment Possibly Required) 35 Filed: 9/27/2011, Entered: None Court Filing
ORDER indicating that after consideration of Defendants BioSafe Engineering, LLC and Digestor, LLC's Motion to Dismiss Plaintiff's First Amended Complaint and accompanying brief, (Docket Nos. 25 - 26 ), Plaintiff's Response in Opposition to Motion to Dismiss 29 , Defendants' Reply 30 , and Plaintiff's Supplemental Brief in Opposition 33 , it is hereby ordered that Defendants' Motion to Dismiss 25 is granted for reasons discussed in the accompanying Memorandum Opinion 34 and this suit will be dismissed, without prejudice. As there are no remaining claims in this action, the Clerk of Court shall mark this case closed. Signed by Judge Nora Barry Fischer on 9/27/11. (jg) (Entered: 09/27/2011)
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Blank 34 Filed: 9/27/2011, Entered: None Court Filing
MEMORANDUM OPINION indicating that, for reasons stated within, Defendants' motion to dismiss 25 is granted. This suit will be dismissed, without prejudice. An appropriate Order shall follow. Signed by Judge Nora Barry Fischer on 9/27/11. (jg) (Entered: 09/27/2011)
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Legal Document (Payment Possibly Required) 33 Filed: 8/1/2011, Entered: None
SUPPLEMENTAL BRIEF in Opposition re 25 Motion to Dismiss filed by MATTHEWS INTERNATIONAL CORPORATION. (Attachments: # 1 Exhibit Cuturilo Decision) (Allen, Kevin) Modified on 8/2/2011. (jsp) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 32 Filed: 8/1/2011, Entered: None Court Filing
ORDER indicating that upon consideration of the foregoing Motion for Leave to File Supplemental Brief in Opposition to Motion to Dismiss 31 , said Motion is granted; Plaintiff is granted leave to file its proposed Supplemental Brief.Signed by Judge Nora Barry Fischer on 8/1/2011. (bdk) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 31 Filed: 8/1/2011, Entered: None
MOTION for Leave to File Supplemental Brief in Opposition to Motion to Dismiss by MATTHEWS INTERNATIONAL CORPORATION. (Attachments: # 1 Exhibit Proposed Supplemental Brief, # 2 Exhibit Cuturilo Decision, # 3 Proposed Order) (Allen, Kevin) (Entered: 08/01/2011)
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Legal Document (Payment Possibly Required) 30 Filed: 7/15/2011, Entered: None
REPLY BRIEF by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC re 29 Brief in Opposition to Motion, filed by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Zlatos, Steve) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 29 Filed: 7/1/2011, Entered: None
RESPONSE in Opposition re 14 Motion to Dismiss filed by MATTHEWS INTERNATIONAL CORPORATION. (Attachments: # 1 Affidavit Rahill Declaration, # 2 Exhibit Rahill Ex. A - Magazine, # 3 Exhibit Rahill Ex. B - BioCremation Web Page, # 4 Exhibit Rahill Ex. C - Marketing Materials, # 5 Affidavit Schaal Declaration, # 6 Exhibit Schaal Ex. A - Magazine, # 7 Exhibit Schaal Ex. B - BioCremation Web Page, # 8 Exhibit Schaal Ex. C - Marketing Materials, # 9 Exhibit Schaal Ex. D - Trib Article, # 10 Exhibit Schaal Ex. E - Walters Letter, # 11 Exhibit Schaal Ex. F - BioSafe Counsel Letter, # 12 Exhibit Schaal Ex. G - BioSafe D&B Report, # 13 Affidavit Allen Declaration, # 14 Exhibit Crain Complaint) (Allen, Kevin) Modified on 7/5/2011. (jsp) (Entered: 07/01/2011)
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Legal Document (Payment Possibly Required) 28 Filed: 6/15/2011, Entered: None Court Filing
ORDER granting 27 Consent Motion for Extension of Time to File Response/Reply to Motion to Dismiss filed by MATTHEWS INTERNATIONAL CORPORATION; that Plaintiff's Response in Opposition to Defendants' Motion to Dismiss 25 is due on or before 7/1/11. Signed by Judge Nora Barry Fischer on 6/15/11. (jg) (Entered: 06/15/2011)
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Legal Document (Payment Possibly Required) 27 Filed: 6/14/2011, Entered: None
Consent MOTION for Extension of Time to File Response in Opposition to 25 Motion to Dismiss by MATTHEWS INTERNATIONAL CORPORATION. (Attachment: # 1 Proposed Order) (Allen, Kevin) Modified on 6/15/2011. (jsp) (Entered: 06/14/2011)
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Legal Document (Payment Possibly Required) 26 Filed: 5/27/2011, Entered: None
BRIEF in Support re 25 Motion to Dismiss, filed by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Zlatos, Steve) (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 25 Filed: 5/27/2011, Entered: None
MOTION to Dismiss Plaintiff's 24 First Amended Complaint Under Rule 12, Fed.R.Civ.P.by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachments: # 1 Exhibit A, Declaration of Phillip Mervis, # 2 Exhibit 1, December 31, 2008 Letter, # 3 Exhibit 2, February 2, 2009 Letter, # 4 Exhibit 3, March 16, 2009 Letter, # 5 Proposed Order) (Zlatos, Steve) Modified on 5/31/2011. (jsp) (Entered: 05/27/2011)
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Legal Document (Payment Possibly Required) 24 Filed: 5/13/2011, Entered: None
First AMENDED COMPLAINT against All Defendants, filed by MATTHEWS INTERNATIONAL CORPORATION. (Attachments: # 1 Exhibit '982 Patent, # 2 Exhibit '532 Patent, # 3 Exhibit '211 Patent, # 4 Exhibit '580 Patent, # 5 Exhibit '453 Patent, # 6 Exhibit '755 Patent, # 7 Exhibit '788 Patent, # 8 Exhibit 1997 Fax, # 9 Exhibit WR2 web pages, # 10 Exhibit 2001 Amendment, # 11 Exhibit Kaye Article, # 12 Exhibit 12/31/08 Letter, # 13 Exhibit 2/2/09 Letter, # 14 Exhibit 3/16/09 Letter) (Allen, Kevin) Modified on 5/17/2011 to correct typo. (ksa) (Entered: 05/13/2011)
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Legal Document (Payment Possibly Required) 23 Filed: 5/13/2011, Entered: None Court Filing
ORDER granting 22 Motion for Spiro Bereveskos, Esquire to Appear Pro Hac Vice on behalf of Defendants. Signed by Judge Nora Barry Fischer on 5/13/11. (jg) (Entered: 05/13/2011)
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Legal Document (Payment Possibly Required) 22 Filed: 5/13/2011, Entered: None
MOTION for attorney Spiro Bereveskos to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1964476) by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Schermer, Leland) (Entered: 05/13/2011)
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Legal Document (Payment Possibly Required) 21 Filed: 5/6/2011, Entered: None Court Filing
ORDER granting 18 Motion for Lisa A. Hiday to Appear Pro Hac Vice on behalf of Defendants BIOSAFE ENGINEERING, LLC and DIGESTOR, LLC. Signed by Judge Nora Barry Fischer on 5/6/2011. (bdk) Modified on 5/9/2011. (jsp) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 5/6/2011, Entered: None Court Filing
ORDER granting 19 Motion for Steve Zlatos to Appear Pro Hac Vice on behalf of Defendants BIOSAFE ENGINEERING, LL, and DIGESTOR, LLC. Signed by Judge Nora Barry Fischer on 5/6/2011. (bdk) Modified on 5/9/2011. (jsp) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 5/6/2011, Entered: None
MOTION for attorney Steve Zlatos to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1957231) by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Schermer, Leland) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 5/6/2011, Entered: None
MOTION for attorney Lisa A. Hiday to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1957224) by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Schermer, Leland) (Entered: 05/06/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 5/4/2011, Entered: None
Errata re 14 Motion to Dismiss by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. Reason for Correction: Correcting Order of Internal Exhibits. (Loose, Bryan) (Entered: 05/04/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 4/25/2011, Entered: None Court Filing
ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 4/25/11. (jg) (Entered: 04/25/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 4/22/2011, Entered: None
BRIEF in Support re 14 Motion to Dismiss filed by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Schermer, Leland) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 4/22/2011, Entered: None
MOTION to Dismiss Under Rule 12, Fed. R. Civ. P., re 1 Complaint, by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Schermer, Leland) (Entered: 04/22/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 3/24/2011, Entered: None
Disclosure Statement identifying None as corporate parent or other affiliate by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Schermer, Leland) Modified as filer did not indicate in entry that there are no corporate parents or other affiliates on 3/25/2011. (jsp) (Entered: 03/24/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 3/24/2011, Entered: None Court Filing
ORDER granting 11 Motion for Extension of Time to File Response re 1 Complaint; that Defendants' shall answer or otherwise respond to the Complaint by 4/22/11. Signed by Judge Nora Barry Fischer on 3/24/11. (jg) Modified on 3/24/2011. (jsp) (Entered: 03/24/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 3/23/2011, Entered: None
MOTION for Extension of Time to Respond to 1 Complaint, filed by MATTHEWS INTERNATIONAL CORPORATION by BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Attachment: # 1 Proposed Order) (Schermer, Leland) Modified on 3/24/2011. (jsp) (Entered: 03/23/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 3/22/2011, Entered: None
NOTICE of Appearance by Michael G. Monyok on behalf of BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Monyok, Michael) (Entered: 03/22/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 3/22/2011, Entered: None
NOTICE of Appearance by Bryan A. Loose on behalf of BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Loose, Bryan) (Entered: 03/22/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 3/22/2011, Entered: None
NOTICE of Appearance by Leland P. Schermer on behalf of BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. (Schermer, Leland) (Entered: 03/22/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 3/15/2011, Entered: None
PROOF OF SERVICE by MATTHEWS INTERNATIONAL CORPORATION as to BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC. Indicating Defendants were served by Federal Express on March 2, 2011. (Allen, Kevin) Modified on 3/16/2011. (jsp) (Entered: 03/15/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 3/4/2011, Entered: None
PATENT/TRADEMARK DOCUMENTS ISSUED. (jsp) (Entered: 03/04/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 3/1/2011, Entered: None
NOTICE of Appearance by Adam J. Komorowski on behalf of MATTHEWS INTERNATIONAL CORPORATION. (Komorowski, Adam) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 3/1/2011, Entered: None
NOTICE of Appearance by John W. McIlvaine, III on behalf of MATTHEWS INTERNATIONAL CORPORATION. (McIlvaine, John) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 3/1/2011, Entered: None
Disclosure Statement identifying None as corporate parent or other affiliate by MATTHEWS INTERNATIONAL CORPORATION. (Allen, Kevin) Modified on 3/2/2011. (jsp) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 3/1/2011, Entered: None
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg, ) (Entered: 03/01/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 2/28/2011, Entered: None
COMPLAINT against BIOSAFE ENGINEERING, LLC, DIGESTOR, LLC (Filing fee $350, receipt number 0315-1883894), filed by MATTHEWS INTERNATIONAL CORPORATION. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 '982 Patent, # 3 Exhibit 2 '532 Patent, # 4 Exhibit 3 '211 Patent, # 5 Exhibit 4 '580 Patent, # 6 Exhibit 5 '453 Patent, # 7 Exhibit 6 ''755 Patent, # 8 Exhibit 7 1997 Fax, # 9 Exhibit 8 WR2 Web Pages, # 10 Exhibit 9 Patent Amendment, # 11 Exhibit 10 Kaye Article, # 12 Summons Biosafe Engineering, LLC, # 13 Summons Digestor, LLC) (jsp) (Entered: 03/01/2011)
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Blank 34 Filed: 10/13/2011, Entered: None Court Filing
MEMORANDUM OPINION indicating that, for reasons stated within, Defendants' motion to dismiss 25 is granted. This suit will be dismissed, without prejudice. An appropriate Order shall follow. Signed by Judge Nora Barry Fischer on 9/27/11. (jg)
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