MDY Industries, LLC v. Blizzard Entertainment, Inc., et al
| MDY INDUSTRIES, LLC |
| BLIZZARD ENTERTAINMENT, INC. and VIVENDI GAMES, INC. |
| MICHAEL DONNELLY |
| PUBLIC KNOWLEDGE, THE MOTION PICTURE ASSOCIATION OF AMERICA, INC., BUSINESS SOFTWARE ALLIANCE and SOFTWARE & INFORMATION INDUSTRY ASSOCIATION (SILA) |
| 09-16044 |
| May 21, 2009 |
| U.S. Court of Appeals, Ninth Circuit |
| Copyright |
Docket Report
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| Filing 62 Filed order (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA) Appellants’ unopposed motion to withdraw appellants’ petition for en banc rehearing is GRANTED. [7725173] [09-15932, 09-16044] (BJB) |
| Filing 61 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 Unopposed Motion for miscellaneous relief [Unopposed Motion to Withdraw Appellants' Petition for En Banc Rehearing]. Date of service: 04/18/2011. [7720770] [09-15932, 09-16044] (LV) |
| Filing 60 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 petition for rehearing en banc (from 02/17/2011 opinion). Date of service: 02/17/2011. [7667382] [09-15932, 09-16044] (LV) |
| Filing 59 MANDATE ISSUED.(WCC, CMC and SSI) [7661476] [09-15932, 09-16044] (SW) |
| Filing 58 Filed order and amended opinion (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA). Amending Disposition Opinion REMANDED; VACATED; Our opinion filed on December 14, 2010, is amended to include the following footnote at the end of Section V(E)(2): For the first time in its petition for rehearing, MDY raises the applicability of Section 1201(f) and the question whether Glider is an “independently created computer program” under that subsection and thus exempt from the coverage of Section 1201(a). Because this argument was not raised to the district court or presented in the parties’ briefs on appeal, we decline to reach it. With this amendment, the plaintiffs-appellants’ petition for panel rehearing is DENIED. No further petition for rehearing will be entertained. [7651977] [09-15932, 09-16044] (RP) |
| Filing 57 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 petition for panel rehearing (from 12/14/2010 opinion). Date of service: 01/27/2011. [7627607] [09-15932, 09-16044] (LV) |
| Filing 56 Filed order (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA) The parties’ joint motion for an extension of time through January 27, 2011, in which to file petitions for rehearing is GRANTED. [7591965] [09-15932, 09-16044] (KKW) |
| Filing 55 Filed (ECF) Appellants Michael Donnelly, MDY Industries, LLC and Appellees Blizzard Entertainment, Inc. and Vivendi Games, Inc. in 09-15932 Joint Motion to extend time to file petition for rehearing until 01/27/2011 at 11:59 pm. Date of service: 12/21/2010. [7589022] [09-15932, 09-16044] (LV) |
Filing 54
FILED OPINION (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA) VACATED; REMANDED. Each side shall bear its own costs. FILED AND ENTERED JUDGMENT. [7579806] [09-15932, 09-16044] (RP)
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| Filing 53 Filed Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 respomse to additional citations. Served on 10/21/2010. (panel) [7522246] [09-15932, 09-16044] (CW) |
| Filing 52 Filed Appellee Blizzard Entertainment, Inc. additional citations. Served on 10/06/2010. (panel) [7506668] [09-15932, 09-16044] (CW) |
| Filing 51 Filed Appellee Blizzard Entertainment, Inc. in 09-15932, Appellant Blizzard Entertainment, Inc. in 09-16044 response to additional citations. Served on 07/28/2010. (panel) [7426240] [09-15932, 09-16044] (CW) |
| Filing 50 Filed Appellants' MDY additional citations. Served on 07/22/2010. (panel) [7417518] [09-15932, 09-16044] (EL) |
| Filing 49 ARGUED AND SUBMITTED TO WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA. [7362078] [09-15932, 09-16044] (SB) |
| Filing 48 Notice of Oral Argument on JUNE 7th Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: SEATTLE Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7319078] [09-15932, 09-16044] (SB) |
| Filing 47 Filed clerk order (Deputy Clerk:GSS): The appellant’s motion to file an oversized reply brief is granted in part. Within 21 days after the date of this order, the appellant may file a reply brief not to exceed 8,500 words. The appellant’s motion to expedite the hearing date of Nos. 09-15932, 09- 16044, and 09-35969 in order to schedule with No. 08-55998 is denied without prejudice to a renewed motion that provides the showing required by Ninth Circuit Rule 27-12. [7277765] [08-55998, 09-15932, 09-16044, 09-35969] (SC) |
| Filing 46 Received 7 paper copies of Cross-Appeal Reply Brief [44] filed by Blizzard Entertainment, Inc. and Vivendi Games, Inc. [7202324] [09-15932, 09-16044] (SD) |
| Filing 45 Filed clerk order: The cross-appeal reply brief [44] submitted by Blizzard Entertainment, Inc. and Vivendi Games, is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a grey cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7194326] [09-15932, 09-16044] (PK) |
| Filing 44 Submitted (ECF) Cross-Appeal Reply Brief brief for review. Submitted by Appellees Blizzard Entertainment, Inc. and Vivendi Games, Inc. in 09-15932, Appellants Blizzard Entertainment, Inc. and Vivendi Games, Inc. in 09-16044. Date of service: 01/11/2010. [7189734] [09-15932, 09-16044] (JAS) |
| Filing 43 Filed clerk order (Deputy Clerk:GS): The portion of the December 23, 2009 order which established the due date of the fourth cross-appeal brief, in cross-appeals 09-15932 and 09-16044, as 14 days after the date of the December 23, 2009 order is vacated. The fourth cross-appeal brief in cross-appeals 09-15932 and 09-16044 is now due January 11, 2010. The remaining provisions of the December 23, 2009 order shall remain in effect. [7180795] [09-15932, 09-16044, 09-35969] (BJB) |
| Filing 42 Received 7 paper copies of Third Brief on Cross-Appeal [38] filed by Michael Donnelly and MDY Industries, LLC . [7179621] [09-15932, 09-16044] (SD) |
| Filing 41 Filed clerk order (Deputy Clerk:GS): The joint motion for an expedited briefing schedule in No. 09-35969 and to assign No. 09-35969 with cross-appeals 09-15932 and 09-16044 before the same merits panel for oral argument is granted. The following briefing schedule shall govern No. 09-35969: the transcript remains due December 28, 2009; the opening brief is due January 5, 2010; the answering brief is due February 4, 2010; and the reply brief is due February 26, 2010. The provisions of telephonic extensions shall not apply to No. 09-35969, and any motion under Ninth Circuit Rule 31-2.2(b) is disfavored. The fourth cross-appeal brief for appellees Blizzard, et al. is in cross-appeals 09-15932 and 09-16044 is due within 14 days after the date of this order. [7173952] [09-15932, 09-16044, 09-35969] (BJB) |
| Filing 39 ENTRY UPDATED. Filed clerk order: The third brief on cross-appeal [38] submitted by Michael Donnelly and MDY Industries, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a yellow cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7165753] [09-15932, 09-16044] (PK) |
| Filing 40 Filed Appellants Michael Donnelly and MDY Industries, LLC, supplemental excerpts of record in 1 volume. Served on 12/11/2009. [7170532] [09-15932, 09-16044] (PK) |
| Filing 38 Submitted (ECF) Third brief on cross-appeal for review. Submitted by Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044. Date of service: 12/11/2009. [7161349] [09-15932, 09-16044]--[COURT UPDATE: Corrected docket text to reflect content of filing, 12/15/2009 by AWM] (LV) |
| Filing 37 Received 10 paper copies of Amicus brief [30]. One copy to Case Files, the remainder to Records. [7142238] [09-15932, 09-16044] (SD) |
| Filing 36 Received 10 paper copies of Amicus brief [29]. One copy to Case Files, the remainder to Records. [7139340] [09-15932, 09-16044] (SD) |
| Filing 35 Filed clerk order: amicus brief [30]. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7136242] [09-15932, 09-16044] (PK) |
| Filing 34 Entered appearance of Amicus Curiae Software & Information Industry Association (SILA)and Amicus Curiae Software & Information Industry Association (SILA). [7136235] [09-15932, 09-16044] (PK) |
| Filing 33 Filed clerk order: amicus brief [29]. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7136210] [09-15932, 09-16044] (PK) |
| Filing 32 Entered appearance of Amicus Curiae Business Software Alliance and Amicus Curiae Business Software Alliance. [7136195] [09-15932, 09-16044] (PK) |
| Filing 31 Received 10 paper copies of Amicus brief [24]. One copy to Case Files, the remainder to Records. [7135837] [09-15932, 09-16044] (SD) |
| Filing 30 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Software and Information Industry Association. Date of service: 11/16/2009. [7132381] [09-15932, 09-16044] (SEB) |
| Filing 29 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Business Software Alliance. Date of service: 11/16/2009. [7132347] [09-15932, 09-16044] (GAR) |
| Filing 28 Received 10 paper copies of Answering brief [17] filed by Blizzard Entertainment, Inc. and Vivendi Games, Inc. One copy to Case Files, the remainder to Records. [7129732] [09-15932, 09-16044] (SD) |
| Filing 27 Filed clerk order: amicus brief [24]. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7127794] [09-15932, 09-16044] (PK) |
| Filing 26 Entered appearance of Amicus Curiae The Motion Picture Association of America, Inc. [7127784] [09-15932, 09-16044] (PK) |
| Filing 24 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Motion Picture Association of America, Inc.. Date of service: 11/06/2009. [7122489] [09-15932, 09-16044] (RHR) |
| Filing 23 Filed clerk order (Deputy Clerk:LKK): The court is in receipt of amici Software &n Information Industry Association 's opposed motion for an extension of time to file the amicus brief by November 20, 2009 and subsequent unopposed motion to shorten the extension to file the brief to November 16, 2009. The motion is granted. Additionally, amici Business Software Alliance's motion for an extension of time to file the amicus brief is granted. The brief is due November 16, 2009. The remaining current briefing schedule shall remain in effect. [7121645] [09-15932, 09-16044] (BJB) |
| Filing 22 Filed (ECF) Motion to extend time to file amicus brief until 11/16/2009 at 11:59 pm. Date of service: 11/05/2009. [7120447] [09-15932, 09-16044] (SEB) |
| Filing 21 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 Correspondence: Supplemental Statement of Related Cases. Date of service: 11/04/2009 [7119727] [09-15932, 09-16044] (LV) |
| Filing 20 Filed clerk order: second brief on cross-appeal [17] filed by Blizzard Entertainment, Inc. and Vivendi Games, Inc. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7119705] [09-15932, 09-16044] (PK) |
| Filing 19 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932, Appellees Michael Donnelly and MDY Industries, LLC in 09-16044 response to motion (Motion (ECF Filing) ,Motion (ECF Filing) motion to extend time to file amicus brief). Date of service: 11/04/2009. [7119691] [09-15932, 09-16044] (LV) |
| Filing 25 Filed Appellees/Cross Appellants Blizzard Entertainment, Inc. and Vivendi Games, Inc. supplemental excerpts of record on appeal in 2 volumes. [7126134] [09-15932, 09-16044] (EB) |
| Filing 18 Filed (ECF) Business Software Alliance Motion to extend time to file amicus brief until 11/13/2009 at 11:59 pm. Date of service: 11/02/2009. [7115696] [09-15932, 09-16044] (DRE) |
| Filing 17 Submitted (ECF) Second Brief on Cross-Appeal brief for review. Submitted by Appellees Blizzard Entertainment, Inc. and Vivendi Games, Inc. in 09-15932. Date of service: 10/28/2009. [7111498] [09-15932, 09-16044]--[COURT UPDATE: Replaced main document with corrected version, added statement of related cases, resent NDA, 11/04/2009 by AWM] (CG) |
| Filing 16 Filed (ECF) Software and Information Industry Association Motion to extend time to file amicus brief until 11/20/2009 at 05:00 pm. Date of service: 10/28/2009. [7110988]--[COURT UPDATE: Spread filing to 09-16044. 10/28/2009 by MA] (SEB) |
| Filing 15 Received 10 paper copies of Amicus brief [12]. One copy to Case Files, the remainder to Records. [7081485] [09-15932, 09-16044] (SD) |
| Filing 14 Filed clerk order: Amicus Brief [12]. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7077634] [09-15932, 09-16044] (PK) |
| Filing 13 Entered appearance of Amicus Curiae Public Knowledge and Amicus Curiae Public Knowledge. [7077627] [09-15932, 09-16044] (PK) |
| Filing 12 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Public Knowledge. Date of service: 09/23/2009. [7072694]--[COURT UPDATE: Spread entry to 09-16044. 09/24/2009 by ASW]--[Court Update: Replaced PDF with corrected version, Edited 09/28/2009 by AWM] (BWC) |
| Filing 11 Received 10 paper copies of First Brief on Cross-Appeal brief [7060666-2] filed by Michael Donnelly and MDY Industries, LLC. One copy to Case Files, the remainder to Records. [7072800] [09-15932, 09-16044] (SD) |
| Filing 10 14 day oral extenstion by phone to file Appellees Blizzard Entertainment, Inc. and Vivendi Games, Inc.'s principal and response cross-appeal brief. [7066963] Appellees' principal and response brief is due October 28, 2009. Appellants' response and reply brief is due November 27, 2009 and Appellees' reply brief is due within 14 days after service of appellant's response and reply brief. [09-15932, 09-16044] (AT) |
| Filing 9 Filed Appellant MDY Industries, LLC excerpts of record in 2 volumes. Served on 09/14/2009. [7066794] [09-15932, 09-16044] (PK) |
| Filing 8 Filed clerk order: First Brief on Cross-Appeal Brief [7060666-2] filed by Michael Donnelly and MDY Industries, LLC. Within 5 working days of the filing of this order, filer is ordered to file 10 copies of the brief in paper format, with a Blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7064050] [09-15932, 09-16044] (GLS) |
| Filing 7 Filed order MEDIATION (PWS): Case not selected for mediation program. Counsel interested in obtaining settlement assistance or program information should contact the Mediation Office. [7020138] [09-15932, 09-16044] (BJB) |
| Filing 6 Filed clerk order (Deputy Clerk:LKK): Plaintiff's motion for an extension of time to file the first cross-appeal brief is granted. The first cross-appeal brief is due September 14, 2009; the second cross-appeal brief is due October 14, 2009; the third cross-appeal brief is due November 13, 2009. The optional reply brief is due within 14 days after service of the third cross-appeal brief. [6961534] [09-15932, 09-16044] (SC) |
| Filing 5 Filed (ECF) Appellants Michael Donnelly and MDY Industries, LLC in 09-15932 Unopposed Motion to extend time to file Opening brief until 09/14/2009. Date of service: 06/12/2009. [6955013] [09-15932, 09-16044] (JRM) |
| Filing 4 Filed clerk order (Deputy Clerk:EPM ): These cases are under consideration for inclusion in the Mediation Program. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. A settlement assessment conference will be held by telephone on July 8, 2009, at 10:00 a.m. PACIFIC (San Francisco) Time/1:00 p.m. Eastern Time. The briefing schedule previously set by the court remains in effect. [09-15932, 09-16044] (SC) |
| Filing 3 Filed Appellants Blizzard Entertainment, Inc. and Vivendi Games, Inc. Civil Appeals Docketing Statement. Served on 05/12/2009. (GR) |
| Filing 2 Filed representation notice of Marc J. Zwillinger, Christian S. Genetski, Shane M. McGee, Jacob A. Sommer (GR) |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. Setting cross-appeal briefing schedule as follows: First cross appeal brief due 08/14/2009 for Michael Donnelly and MDY Industries, LLC. Second brief on cross appeal due 09/14/2009 for Blizzard Entertainment, Inc. and Vivendi Games, Inc.. Third brief on cross appeal due 10/14/2009 for Michael Donnelly and MDY Industries, LLC. Optional cross appeal reply brief is due 14 days from service of third cross appeal brief. [09-16044, 09-15932] (GR) |
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