This case was last updated from PACER on 09/30/2021 at 08:13:17 (UTC).

Stormborn Technologies LLC v. Corning Incorporated

Case Summary

On September 29, 2021, Stormborn Technologies LLC (“Plaintiff” or “Stormborn”), represented by Howard Leigh Wernow of Sand, Sebolt & Wernow Co., LPA, filed an intellectual property lawsuit against Corning Incorporated (“Defendant”), seeking enhanced damages, costs, expenses, and prejudgment and post-judgment interest and other relief for alleged infringement of the Patent owned by Plaintiff. This case was filed in the United States District Court in the Eastern District of New York.

 

This is an action for alleged patent infringement to prevent Defendant Corning Incorporated, from infringing and profiting, in an illegal and unauthorized manner, and without authorization and/or consent from Plaintiff from United States Patent No. RE44,199 (the “‘199 Patent” or the “Patent-in-Suit”).

 

In the complaint, Plaintiff alleged that, “Defendant commercializes, inter alia, devices or methods that perform all the steps recited in at least one claim of the ‘199 Patent. More particularly, Defendant commercializes, inter alia, methods that perform all the steps recited in Claims 13-14 of the ‘199 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a device or method that encompasses that which is covered by Claim 13-14 of the ‘199 Patent.”

 

Plaintiff also alleged that, “Defendant has directly infringed at least Claim 13 and Claim 14 of the ‘199 Patent by using, at least through internal testing or otherwise, the Accused Product without authority in the United States. As a direct and proximate result of Defendant’s direct infringement of the ‘199 Patent, Plaintiff has been damaged.” And that, “Upon information and belief, Defendant has induced others to infringe at least Claim 13 and Claim 14 of the ‘199 Patent, literally or under the doctrine of equivalents, by encouraging infringement, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement.”

 

Further, Plaintiff alleged that, “Upon information and belief, Defendant materially contributed to their own customers’ infringement of the ‘199 Patent, literally or under the doctrine of equivalents, by selling the Accused Products to customers for use in a manner that infringed one or more claims of the ‘199 Patent. Moreover, the Accused Products are not a staple article of commerce suitable for substantial non-infringing use.”

 

There is one claim for relief laid down by Plaintiff for the infringement of the Patent-in-suit.

 

In the prayer for relief, Plaintiff has requested the court to pass an order for an award that Defendant be adjudged to have infringed the ‘199 Patent either literally or under the doctrine of equivalents along with award for damages together with enhanced damages. Further, Plaintiff requested the court for pre-judgment and post-judgment interest against Defendant, together with an award of such interest and costs, in accordance with 35 U.S.C. §284  and an award of attorneys’ fees and costs pursuant to 35 U.S.C. § 285 and further relief as the court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-06608

  • Filing Date:

    09/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

Stormborn Technologies LLC

Defendant

Corning Incorporated

Attorney/Law Firm Details

Plaintiff Attorney

Howard Leigh Wernow

Attorney at Sand, Sebolt & Wernow Co., LPA

4940 Muson Street Nw, Aegis Tower- Suite 1100

Canton, OH 44718

 

Court Documents

#3

(#3) Corporate Disclosure Statement by Stormborn Technologies LLC. (Wernow, Howard) (Entered: 09/29/2021)

#2

(#2) Original Summons Filed. (Wernow, Howard) (Entered: 09/29/2021)

1 #4

Civil Cover Sheet

1 #3

Exhibit C-Claim Chart

1 #2

Exhibit B-Schilling Declaration w Exhibits

1 #1

Exhibit A-USRE44199E

#1

(#1) COMPLAINT against Corning Incorporated $ 402 receipt number 0209-4374599, filed by Stormborn Technologies LLC. (Attachments: #1 Exhibit A-USRE44199E, #2 Exhibit B-Schilling Declaration w Exhibits, #3 Exhibit C-Claim Chart, #4 Civil Cover Sheet)(Wernow, Howard) (Entered: 09/29/2021)

 

Docket Entries

  • 09/29/2021
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  • Docket(#3) Corporate Disclosure Statement by Stormborn Technologies LLC. (Wernow, Howard) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket(#2) Original Summons Filed. (Wernow, Howard) (Entered: 09/29/2021)

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  • 09/29/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Corning Incorporated $ 402 receipt number 0209-4374599, filed by Stormborn Technologies LLC. (Attachments: #1 Exhibit A-USRE44199E, #2 Exhibit B-Schilling Declaration w Exhibits, #3 Exhibit C-Claim Chart, #4 Civil Cover Sheet)(Wernow, Howard) (Entered: 09/29/2021)

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