Isys Technologies v. Google et al Featured Case

A Utah company sued Google for trademark infringement, claiming that the search giant's Chromium OS infringes its trademark rights to Isys Technologies' Chromium Modular Computer.

Counter_claimant: Best Buy, Google, Samsung Electronics USA, Amazon.com and Acer America
Counter_defendant: Samsung Electronics USA, Amazon.com, Acer America, Best Buy and Google
Plaintiff: Isys Technologies
Defendant: Google, Samsung Electronics USA, Acer America, Amazon.com and Best Buy
Case Number: 2:2011cv00507
Filed: June 6, 2011
Court: Utah District Court
Office: Central Office
County: Salt Lake
Presiding Judge: Clark Waddoups
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
October 18, 2011 Transcript Deadlines terminated for 45 and 46 as there is a redacted transcript. (rks)
August 18, 2011 59 TRANSCRIPT REDACTION of 46 Transcript, 45 Transcript. (rks) Modified removed restricted text on 10/17/2011 (rks).
August 16, 2011 58 Modification of Docket: Error: Document was incorrectly filed as a Notice of Intent to Redact instead of a Redacton Request, which is a restricted document. Correction: Modified the text to indicate it is a Redaction Request and restricted the documents to case participants only. re 53 Notice of Intent to Request Redaction. (rks)
August 15, 2011 57 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (jmr)
August 15, 2011 56 Featured Case ORDER granting 51 Motion to Redact 46 Transcript, 45 Transcript,; granting Stipulated 55 Motion to Dismiss. Case Closed. Signed by Judge Clark Waddoups on 8/15/11. (jmr)
August 12, 2011 55 Stipulated MOTION to Dismiss filed by Plaintiff Isys Technologies. (Attachments: # 1 Exhibit Order)(Anderson, Dax)
August 11, 2011 54 STIPULATION re 51 MOTION to Redact 46 Transcript,,,, 45 Transcript,,,, by Isys Technologies. (Anderson, Dax)
August 9, 2011 53 NOTICE of Intent to Request Redaction REDACTION REQUEST by Thomas J. Rossa re 46 Transcript,,,, 45 Transcript,,,,. (Attachments: # 1 Exhibit)(Rossa, Thomas) Modified by restricting the documents and modifying the text on 8/16/2011 (rks).
August 9, 2011 52 MEMORANDUM in Support re 51 MOTION to Redact 46 Transcript,,,, 45 Transcript,,,, filed by Counter Claimant Google. (Rossa, Thomas)
August 9, 2011 51 MOTION to Redact 46 Transcript,,,, 45 Transcript,,,, filed by Counter Claimant Google. (Attachments: # 1 Text of Proposed Order)(Rossa, Thomas)
August 1, 2011 50 Featured Case ORDER-granting 49 Motion for Extension of Time. Signed by Judge Clark Waddoups on 7/29/11. (jmr)
July 29, 2011 49 Plaintiff's MOTION for Extension of Time Counterclaims filed by Plaintiff Isys Technologies. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zenger, Todd)
July 29, 2011 48 NOTICE of Intent to Request Redaction by Thomas J. Rossa re 46 Transcript,,,, 45 Transcript,,,,. (Rossa, Thomas)
July 19, 2011 46 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Court's Ruling Re: Hearing on Motion for TRO and Preliminary Injunction held on June 14, 2011 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2011. Redacted Transcript Deadline set for 8/19/2011. Release of Transcript Restriction set for 10/17/2011. (las)
July 19, 2011 45 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for TRO and Preliminary Injunction held on June 14, 2011 before Judge CLARK WADDOUPS. Court Reporter/Transcriber Karen Murakami, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2011. Redacted Transcript Deadline set for 8/19/2011. Release of Transcript Restriction set for 10/17/2011. (las)
July 15, 2011 44 NOTICE OF ADR, e-mailed or mailed to Counter Defendants Acer America, Amazon.com, Best Buy, Google, Samsung Electronics USA, Defendants Acer America, Amazon.com, Best Buy, Google, Samsung Electronics USA, Counter Claimants Acer America, Amazon.com, Best Buy, Google, Samsung Electronics USA, Plaintiff Isys Technologies. (jmr)
July 5, 2011 43 DEFENDANTS' ANSWER to Complaint and, COUNTERCLAIM AGAINST ISYS TECHNOLOGIES, INC. against All Defendants filed by Samsung Electronics USA, Amazon.com, Acer America, Best Buy, Google. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Willsey, Peter)
June 29, 2011 42 Featured Case ORDER denying 9 Motion for Preliminary Injunction ; denying 9 Motion for TRO. Signed by Judge Clark Waddoups on 06/28/2011. (asp)
June 29, 2011 41 Featured Case ORDER granting 40 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Acer America answer due 7/5/2011; Amazon.com answer due 7/5/2011; Best Buy answer due 7/5/2011; Google answer due 7/5/2011; Samsung Electronics USA answer due 7/5/2011. Signed by Judge Clark Waddoups on 06/28/2011. (asp)
June 28, 2011 40 MOTION for Extension of Time to File Answer re 2 Complaint filed by Plaintiff Isys Technologies. (Attachments: # 1 Text of Proposed Order)(Zenger, Todd)
June 28, 2011 39 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Isys Technologies as to Samsung Electronics USA served on 6/7/2011, answer due 6/28/2011. (Zenger, Todd)
June 28, 2011 38 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Isys Technologies as to Google served on 6/7/2011, answer due 6/28/2011. (Zenger, Todd)
June 28, 2011 37 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Isys Technologies as to Best Buy served on 6/7/2011, answer due 6/28/2011. (Zenger, Todd)
June 28, 2011 36 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Isys Technologies as to Amazon.com served on 6/7/2011, answer due 6/28/2011. (Zenger, Todd)
June 28, 2011 35 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Isys Technologies as to Acer America served on 6/8/2011, answer due 6/29/2011. (Zenger, Todd)
June 27, 2011 34 NOTICE CONCERNING WAIVER OF JUDICIAL DISQUALIFICATION from LSY, Chief Deputy Clerk (asp)
June 15, 2011 33 Featured Case ORDER granting 18 Motion for Admission Pro Hac Vice of Brendan J. Hughes,Peter J. Willsey for Acer America,Brendan J. Hughes,Peter J. Willsey for Amazon.com,Brendan J. Hughes,Peter J. Willsey for Best Buy,Robert L. Stolebarger,Brendan J. Hughes,Peter J. Willsey for Google. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 20 Motion for Admission Pro Hac Vice of Brendan J. Hughes,Peter J. Willsey for Acer America,Brendan J. Hughes,Peter J. Willsey for Amazon.com,Brendan J. Hughes,Peter J. Willsey for Best Buy,Robert L. Stolebarger,Brendan J. Hughes,Peter J. Willsey for Google. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 22 Motion for Admission Pro Hac Vice of Brendan J. Hughes,Peter J. Willsey for Acer America,Brendan J. Hughes,Peter J. Willsey for Amazon.com,Brendan J. Hughes,Peter J. Willsey for Best Buy,Robert L. Stolebarger,Brendan J. Hughes,Peter J. Willsey for Google. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 06/15/2011. (asp)
June 14, 2011 32 Minute Entry for proceedings held before Judge Clark Waddoups: Motion Hearing held on 6/14/2011 re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Isys Technologies. The court hears opening arguments. Jason Sullivan and Felix Lin are sworn and testify. Evidence entered. Closing arguments presented. The court denies the motion for the reasons stated on the record. Attorney for Plaintiff: Todd Zenger, Dax Anderson, Attorney for Defendant: Robert Stolebarger, Craig Buschman, Peter Willsey. Court Reporter: Karen Murakami. (jwt)
June 13, 2011 Modification of Docket re 30 Response to Motion. Error: Wrong filer was selected. Correction: Document re-filed as 31 Response with the correct parties selected as filers. (alt)
June 13, 2011 31 RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Joinder of CoDefendants in Google's Opposition to TRO filed by Defendants Acer America, Amazon.com, Best Buy, Samsung Electronics USA. (Buschmann, Craig)
June 13, 2011 30 RE-FILED AS 31 - RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Joinder of CoDefendants in Google's Opposition to TRO filed by Defendant Google. (Buschmann, Craig) Modified on 6/14/2011: added re-filing info (alt)
June 13, 2011 29 RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Objections To ISYS' Exhibits filed in Support of TRO filed by Defendant Google. (Buschmann, Craig)
June 13, 2011 28 RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Objections To Declaration of David Politis filed by Defendant Google. (Buschmann, Craig)
June 13, 2011 27 RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Objections To Declaration of Aaron Rowsell filed by Defendant Google. (Buschmann, Craig)
June 13, 2011 26 RESPONSE to Motion re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Objections To Declaration of Jason Sullivan filed by Defendant Google. (Buschmann, Craig)
June 13, 2011 25 AFFIDAVIT/DECLARATION of Vincent Badolato in Opposition re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendant Google. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Buschmann, Craig)
June 13, 2011 24 AFFIDAVIT/DECLARATION of Felix Lin in Opposition re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendant Google. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Buschmann, Craig)
June 13, 2011 23 Defendant's MEMORANDUM in Opposition re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendant Google. (Buschmann, Craig)
June 13, 2011 22 MOTION for Admission Pro Hac Vice of Peter J. Willsey for Defendants Google Inc., Acer America Corp., Amazon.com, Inc. and Best Buy Co., Inc., Registration fee $ 15, receipt number 1088-1371406, filed by Defendants Acer America, Amazon.com, Best Buy, Google. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Exhibit C - Proposed Order Granting Motion for Pro Hac Vice Admission)(Buschmann, Craig)
June 13, 2011 21 NOTICE of Appearance by Craig A. Buschmann on behalf of Samsung Electronics USA (Buschmann, Craig)
June 13, 2011 20 MOTION for Admission Pro Hac Vice of Brendan J. Hughes for Defendants Google Inc., Acer America Corp., Amazon.com, Inc. and Best Buy Co., Inc., Registration fee $ 15, receipt number 1088-1371291, filed by Defendants Acer America, Amazon.com, Best Buy, Google. (Attachments: # 1 Exhibit A - Application For Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Exhibit C - Proposed Order Granting Motion for Pro Hac Vice Admission)(Buschmann, Craig)
June 13, 2011 19 NOTICE of Appearance by Craig A. Buschmann on behalf of Acer America, Amazon.com, Best Buy, Google (Buschmann, Craig)
June 13, 2011 18 MOTION for Admission Pro Hac Vice of Robert L. Stolebarger for Defendant Google Inc., Registration fee $ 15, receipt number 1088-1371063, filed by Defendant Google. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Exhibit C - Proposed Order Granting Motion for Pro Hac Vice)(Buschmann, Craig)
June 10, 2011 16 NOTICE OF HEARING ON MOTION re: 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order : (Notice generated by jwt) Motion Hearing set for 6/14/2011 01:00 PM in Room 102 before Judge Clark Waddoups. (jwt)
June 10, 2011 14 Featured Case ORDER granting 13 Motion for Admission Pro Hac Vice of Roger R. Myers for Google. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 6/9/2011. (jtj)
June 9, 2011 13 MOTION for Admission Pro Hac Vice of Roger R. Myers for Defendant Google Inc., Registration fee $ 15, receipt number 1088-1368519, filed by Defendant Google. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Exhibit C - Proposed Order)(Buschmann, Craig)
June 8, 2011 12 NOTICE of Appearance by Thomas J. Rossa on behalf of Google (Rossa, Thomas)
June 8, 2011 11 NOTICE of Appearance by Craig A. Buschmann on behalf of Google (Buschmann, Craig)
June 6, 2011 10 MEMORANDUM in Support re 9 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiff Isys Technologies. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8A, # 9 Exhibit 8B, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Zenger, Todd)
June 6, 2011 9 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order filed by Plaintiff Isys Technologies. (Attachments: # 1 Text of Proposed Order)(Zenger, Todd)
June 6, 2011 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Samsung Electronics USA. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lnp)
June 6, 2011 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Google. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lnp)
June 6, 2011 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Best Buy. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lnp)
June 6, 2011 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Amazon.com. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lnp)
June 6, 2011 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Acer America. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (lnp)
June 6, 2011 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: # 1 Exhibit A - Complaint) (lnp)
June 6, 2011 2 COMPLAINT against All Defendants (Filing fee $ 350, receipt number 1088-1365554), filed by Isys Technologies. (Attachments: # 1 Civil Cover Sheet) Assigned to Judge Clark Waddoups (Zenger, Todd)
June 6, 2011 1 Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Isys Technologies is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (lnp)

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Counter_claimant: Best Buy
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_claimant: Google
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Roger R. Myers
Represented By: Thomas J. Rossa
Represented By: Robert L. Stolebarger
Represented By: Peter J. Willsey
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Counter_claimant: Samsung Electronics USA
Represented By: Peter J. Willsey
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Counter_claimant: Amazon.com
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_claimant: Acer America
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_defendant: Samsung Electronics USA
Represented By: Peter J. Willsey
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Counter_defendant: Amazon.com
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_defendant: Acer America
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_defendant: Best Buy
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Counter_defendant: Google
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Roger R. Myers
Represented By: Thomas J. Rossa
Represented By: Robert L. Stolebarger
Represented By: Peter J. Willsey
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Plaintiff: Isys Technologies
Represented By: Todd E Zenger
Represented By: Joshua S. Rupp
Represented By: Dax D. Anderson
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Defendant: Google
Represented By: Peter J. Willsey
Represented By: Robert L. Stolebarger
Represented By: Thomas J. Rossa
Represented By: Roger R. Myers
Represented By: Brendan J. Hughes
Represented By: Craig A. Buschmann
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Defendant: Samsung Electronics USA
Represented By: Peter J. Willsey
Represented By: Craig A. Buschmann
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Defendant: Acer America
Represented By: Peter J. Willsey
Represented By: Brendan J. Hughes
Represented By: Craig A. Buschmann
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Defendant: Amazon.com
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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Defendant: Best Buy
Represented By: Craig A. Buschmann
Represented By: Brendan J. Hughes
Represented By: Peter J. Willsey
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