Cummings et al v. Adidas USA et al, No. 1:2008cv09860 - Document 85 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER #98986 re: 69 Notice of Motion and Motion for Partial Summary Judgment filed by Converse, Inc., Nike, Inc. Defendants provided clear and convincing evidence that the AJXV fully anticipated the invention stated in claims 5 and 6 o f the patent-in-suit, and was commercially offered and ready for patenting more than one year before plaintiffs applied for their patent. Plaintiffs failed to show any disputed material fact. Accordingly, defendants' motion for partial summary judgment is granted. The Clerk of Court is directed to close this motion (document # 69). A conference is scheduled for June 9, 2010, at 4:00 p.m. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/24/2010) (tve) Modified on 5/26/2010 (ajc).