This case was last updated from U.S. District Courts on 01/28/2023 at 10:01:06 (UTC).

Savannah Licensing LLC v. CME Group Inc.

Case Summary

On November 29, 2022, Savannah Licensing LLC (“Plaintiff”), represented by Howard L. Wernow of Sand, Sebolt & Wernow Co., LPA, filed an intellectual property lawsuit against CME Group Inc. (“Defendant”), seeking declaratory and injunctive relief with damages for alleged patent infringement. This case was filed in the U.S. District Court for the Southern District of New York. 

In the complaint, the plaintiff stated, “This action is for alleged infringement of U.S. Patent No. 8,680,992 (‘the ‘992 Patent’) entitled ‘Measuring and Improving the Quality of a User Experience’, and U.S. Patent No. 9,454,777 (‘the ‘777 Patent’) entitled ‘Measuring and Improving the Quality of a User Experience Upon Receiving a Frustration Event Package’, (collectively, the ‘Patents-in-Suit’). Defendant offers solutions, such as the ‘CME Group Inc.’ website (the “Accused Instrumentality”), that enables the provision of feedback from a device.

The plaintiff then alleged, “Defendant commercializes, inter alia, methods that perform all the steps recited in at least one claim of the ‘992 Patent. More particularly, Defendant commercializes, inter alia, methods that perform all the steps recited in Claim 1 of the ‘992 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a method that encompasses that which is covered by Claim 1 of the ‘992 Patent.”

Plaintiff further alleged, “Defendant commercializes, inter alia, methods that perform all the steps recited in at least one claim of the ‘777 Patent. More particularly, Defendant commercializes, inter alia, methods that perform all the steps recited in Claim 1 of the ‘777 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a method that encompasses that which is covered by Claim 1 of the ‘777 Patent.”

The plaintiff also alleged, “Defendant has directly infringed and continues to directly infringe at least one claim of the ‘992 Patent by making, using, at least through internal testing or otherwise, offering to sell, selling and/or importing, without limitation, the Accused Instrumentality without authority in the United States, and will continue to do so unless enjoined by this Court. As a direct and proximate result of Defendant’s direct infringement of the ‘992 Patent, Plaintiff has been and continues to be damaged.”

The plaintiff additionally alleged, “Defendant has induced others to infringe the ‘992 Patent by encouraging infringement, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement either literally or under the doctrine of equivalents.”

Plaintiff then alleged, “Defendant actively, knowingly, and intentionally has been and continues materially contribute to their own customers’ infringement of the ‘992 Patent, literally or by the doctrine of equivalents, by selling the Accused Instrumentality to their customers for use in end-user products in a manner that infringes one or more claims of the ‘992 Patent. Moreover, the Accused Instrumentality is not a staple article of commerce suitable for substantial non-infringing use.”

The plaintiff stated similar allegations for the infringement of ‘777 patent.

Plaintiff presented two claims for relief from alleged infringement of the patents-in-suit.

In the prayer for relief, the plaintiff requested declaratory and injunctive relief along with an award of damages, including compensatory damages with pre- and post-judgment interest.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-10130

  • Filing Date:

    11/29/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Jennifer L. Rochon

 

Party Details

Plaintiff

Savannah Licensing LLC

Defendant

CME Group Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Howard L. Wernow

Attorney at Sand, Sebolt & Wernow Co., LPA

4940 Munson Street Nw, Aegis Tower - Suite 1100

Canton, OH 44718

 

Court Documents

#16

(#16) ORDER granting #15 Letter Motion to Adjourn Conference. The request is GRANTED. The Initial Pretrial Conference is adjourned to February 23, 2023 at 10:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. SO ORDERED. Initial Conference set for 2/23/2023 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.. (Signed by Judge Jennifer L. Rochon on 1/13/2023) (jca) (Entered: 01/17/2023)

#15

(#15) LETTER MOTION to Adjourn Conference addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 01/13/2023. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 01/13/2023)

#14

(#14) ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or Otherwise Respond to Complaint addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 12/20/2022. The request is GRANTED. Defendant shall respond to the Complaint no later than February 10, 2023. SO ORDERED. CME Group Inc. answer due 2/10/2023. (Signed by Judge Jennifer L. Rochon on 12/20/2022) (jca) (Entered: 12/20/2022)

#13

(#13) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or Otherwise Respond to Complaint addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 12/20/2022. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 12/20/2022)

#12

(#12) NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/23/2023 at 10:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (jca) (Entered: 12/06/2022)

#11

(#11) SUMMONS RETURNED EXECUTED Summons and Complaint, served. CME Group Inc. served on 12/5/2022, answer due 12/27/2022. Service was accepted by Robbin Hutt Banks, intake specialist. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 12/05/2022)

#9

(#9) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) (Entered: 11/30/2022)

#8

(#8) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Wernow, Howard) (Entered: 11/30/2022)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to CME Group Inc., re: #1 Complaint,. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 11/29/2022)

#2

(#2) CIVIL COVER SHEET filed..(Wernow, Howard) (Entered: 11/29/2022)

1 #6

Exhibit F-'777 Claim Chart

1 #5

Exhibit E-'992 Claim Chart

1 #4

Exhibit D-'777 Amended Notice of Allowance

1 #3

Exhibit C-US9454777

1 #2

Exhibit B-'992 Amended Notice of Allowance

1 #1

Exhibit A-US8680992

1 #1

Main Document

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Docket Entries

  • 01/17/2023
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  • Docket(#16) ORDER granting #15 Letter Motion to Adjourn Conference. The request is GRANTED. The Initial Pretrial Conference is adjourned to February 23, 2023 at 10:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. SO ORDERED. Initial Conference set for 2/23/2023 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.. (Signed by Judge Jennifer L. Rochon on 1/13/2023) (jca) (Entered: 01/17/2023)

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  • 01/13/2023
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  • Docket(#15) LETTER MOTION to Adjourn Conference addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 01/13/2023. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 01/13/2023)

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  • 12/20/2022
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  • Docket(#14) ORDER granting #13 Letter Motion for Extension of Time to Answer re #13 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or Otherwise Respond to Complaint addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 12/20/2022. The request is GRANTED. Defendant shall respond to the Complaint no later than February 10, 2023. SO ORDERED. CME Group Inc. answer due 2/10/2023. (Signed by Judge Jennifer L. Rochon on 12/20/2022) (jca) (Entered: 12/20/2022)

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  • 12/20/2022
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  • Docket(#13) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, or Otherwise Respond to Complaint addressed to Judge Jennifer L. Rochon from Howard L. Wernow dated 12/20/2022. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 12/20/2022)

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  • 12/06/2022
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  • Docket(#12) NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/23/2023 at 10:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (jca) (Entered: 12/06/2022)

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  • 12/05/2022
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  • Docket(#11) SUMMONS RETURNED EXECUTED Summons and Complaint, served. CME Group Inc. served on 12/5/2022, answer due 12/27/2022. Service was accepted by Robbin Hutt Banks, intake specialist. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 12/05/2022)

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  • 12/01/2022
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  • Docket(#10) ORDER granting #6 Motion for Howard L. Wernow to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba) (Entered: 12/01/2022)

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  • 11/30/2022
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  • Docket(#9) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket(#8) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Wernow, Howard) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Howard L. Wernow to RE-FILE Document No. #5 Notice (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the AO 120 Patent/Trademark form. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (vf) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketCase Designated ECF. (vf) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketMagistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Howard L. Wernow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27015948. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 11/30/2022)

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  • 11/29/2022
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  • Docket(#6) MOTION for Howard L. Wernow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27015948. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Savannah Licensing LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Wernow, Howard) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#5) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of of Report on the Filing or Determination of an Action Regarding a Patent or Trademark. Document filed by Savannah Licensing LLC..(Wernow, Howard) Modified on 11/30/2022 (vf). (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to CME Group Inc., re: #1 Complaint,. Document filed by Savannah Licensing LLC..(Wernow, Howard) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#2) CIVIL COVER SHEET filed..(Wernow, Howard) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#1) COMPLAINT against CME Group Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27015822)Document filed by Savannah Licensing LLC. (Attachments: #1 Exhibit A-US8680992, #2 Exhibit B-'992 Amended Notice of Allowance, #3 Exhibit C-US9454777, #4 Exhibit D-'777 Amended Notice of Allowance, #5 Exhibit E-'992 Claim Chart, #6 Exhibit F-'777 Claim Chart).(Wernow, Howard) (Entered: 11/29/2022)

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