Steuben Foods, Inc. v. Shibuya Hoppmann Corporation

Filing 380

ORDER that the Court overrules Defendants' objections to the 371 Report and Recommendation and adopts the findings and recommendations and that the 340 Motion to Dismiss and Motion to Change Venue is Denied without prejudice to renewal upon completion of claim construction. Signed by Hon. Elizabeth A. Wolford on 3/15/18. (SG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

STEUBEN FOODS,INC.,
Plaintiff,

DECISION AND ORDER

1:10-CV-00781 EAW

V.

SHIBUYA HOFFMANN CORF., SHIBUYA
KOGYO CO. LTD, and HF HOOD LLC,
Defendants.

INTRODUCTION

Plaintiff Steuben Foods, Inc. ("Plaintiff) has sued Defendants Shibuya

Hoppmann Corp., Shibuya Kogyo Co. Ltd., and HF Hood LLC (collectively

"Defendants") for patent infringement under 35 U.S.C. §§ 100 et seq. (Dkt. 1). On April
15, 2013, this matter was referred to Magistrate Judge Jeremiah J. McCarthy for hearing
and disposition of all non-dispositive motions or applications, supervision of discovery,
and to hear and report upon dispositive motions for consideration by the district judge.
(Dkt. 112).

On July 13, 2017, Defendants filed a motion asking the Court to dismiss the
complaint based on improper venue or, in the alternative, to transfer the matter to the

United States District Court for the District of Delaware. (Dkt. 340). Plaintiff opposed
the motion and on October 19, 2017, Judge McCarthy entered a report and

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