BLUE GENTIAN, LLC v. TELEBRANDS CORPORATION et al

Filing 81

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 68 Report and Recommendations. That Telebrands' Motion to Strike Plaintiffs' Complaint and Dismiss Claims asserted by National Express, Inc. [docket # 23] is DENIED. Signed by Judge Faith S. Hochberg on 5/20/14. (jd, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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:
BLUE GENTIAN, LLC, et al.,
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:
Plaintiffs,
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v.
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:
TELEBRANDS CORPORATION, et al.,
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:
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Defendants.
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____________________________________:

Civil No. 13-4627(FSH)

ORDER

May 20, 2014

HOCHBERG, District Judge:
This matter comes before the Court upon Magistrate Judge Clark’s Report and
Recommendation recommending that this Court deny Defendant Telebrands’ Motion to Dismiss
the claims asserted by National Express, Inc. for lack of standing and Strike Plaintiffs’ pleadings
under Fed. R. Civ. P. 12(f) for improperly referencing patent claim charts in the Complaint; and
Telebrands having filed an objection to the Report and Recommendation, arguing that the
Report and Recommendation (1) misconstrued the ill-defined and overlapping fields of use
defined in the license agreement, (2) improperly relied on National Express’s reciprocal rights
within Blue Gentian’s reserved fields of use, and (3) improperly discounted the significance of
the “Australia and New Zealand Licenses;” and the Court having reviewed Telebrands’ objection
to the Report and Recommendation; and the Court finding that Telebrands’ objection is without
merit because Magistrate Judge Clark, in a very thorough and comprehensive Report and
Recommendation, properly construed the fields of use as set forth in the licensing agreement and
correctly determined that National Express, Inc., as a field of use licensee, has the right to

exclude Telebrands in the markets in which it is licensed, and that the foreign licensing
agreements are irrelevant to Plaintiffs’ rights to enforce the U.S. patents; and this Court having
reviewed de novo the Report and Recommendation; and good cause appearing;
It is on this 20th day of May, 2014,
ORDERED that the Report and Recommendation of Magistrate Judge Clark is
ADOPTED [docket # 68] as the Opinion of this Court; and it is further
ORDERED that Telebrands’ Motion to Strike Plaintiffs’ Complaint and Dismiss Claims
asserted by National Express, Inc. [docket # 23] is DENIED.

s/ Faith S. Hochberg
Faith S. Hochberg, U.S.D.J.

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