Shop*TV, Inc. v. Bed Bath & Beyond, Inc. et al

Filing 37

ORDER. The Recommendation of United States Magistrate Judge 35 , filed 06/15/2009, is APPROVED AND ADOPTED. That U.S. Design Patent D564,219 is construed as follows: The design for a travel kit, used as a transparent, sealable receptacle for the included containers of specific configuration and volumetric capacity, as demonstrated in Figures 1 through 7. By Judge Robert E. Blackburn on 07/08/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-00057-REB-CBS SHOP*TV, INC., a Colorado corporation, Plaintiff, v. BED BATH & BEYOND, INC., a New York corporation, and EAGLE HOME PRODUCTS, INC., a New York corporation, Defendants. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#35] filed June 15, 2009. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no error ­ let alone plain error ­ in the magistrate judge's recommended construction of the claims of the patent-in-suit, I find and conclude that the recommendation should be approved and adopted as an order of this court. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#35], filed June 15, 2009, is APPROVED AND ADOPTED as an order of this court; and 2. That U.S. Design Patent D564,219 is construed as follows:

"The design for a travel kit, used as a transparent, sealable receptacle for the included containers of specific configuration and volumetric capacity, as demonstrated in Figures 1 through 7." Dated July 8, 2009, at Denver, Colorado. BY THE COURT:

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