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American Institute of Physics v. Schwegman, Lundberg & Woessner, Pa.

United States District Court, Eighth Circuit

August 30, 2013

American Institute of Physics, John Wiley & Sons, Inc., and Wiley Periodicals, Inc., Plaintiffs,
v.
Schwegman, Lundberg & Woessner, P.A., and John Doe Nos. 1-10, Defendants,
v.
The United States Patent and Trademark Office, Intervenor Defendant.

ORDER

RICHARD H. KYLE, District Judge.

Before the Court are Plaintiff's Objections to United States Magistrate Judge Jeffrey J. Keyes's July 30, 2013 Report and Recommendation. The Court has conducted a de novo review of the Report and Recommendation, the Objections thereto, and all of the files, records, and proceedings in this matter. That review satisfies the undersigned that Judge Keyes's thorough and well-reasoned Report and Recommendation is fully supported by the factual record before him and controlling legal principles.

Accordingly, IT IS ORDERED:

1. Plaintiffs' Objections (Doc. No. 252) are OVERRULED;

2. The Report and Recommendation (Doc. No. 250) is ADOPTED;

3. Plaintiffs' Motion to Dismiss and for Summary Judgment on the Counterclaim of

Intervening Defendant the United States Patent and Trademark Office (Doc. No. 93) is DENIED AS MOOT;

4. Plaintiffs' Amended Motion for Partial Summary Judgment Establishing the Liability of Defendant Schwegman, Lundberg & Woessner, P.A. for Copyright Infringement (Doc. No. 116) is DENIED AS MOOT;

5. Intervenor Defendant The United States Patent and Trademark Office's Motion for Summary Judgment on its Fair Use Defense and Counterclaim (Doc. No. 153) is DENIED AS MOOT;

6. Schwegman's Motion for Summary Judgment (Doc. No. 156) is GRANTED;

7. Plaintiffs' Motion to Exclude the Expert Witness Testimony of Jean-Pierre Dube (Doc. No. 160) is DENIED;

8. Schwegman's Motion to Exclude Expert Testimony, Report, and Declaration of Randall H. Victora (Doc. No. 190) is DENIED AS MOOT;

9. Plaintiffs' Motion to Exclude the Proposed Expert Testimony of Douglas Gary Lichtman (Doc. No. 222) is DENIED AS MOOT; and

10. This Amended Complaint (Doc. No. 41) is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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