Plaintiff Bid for Position, LLC alleges that Defendants AOL, LLC, Google, Inc., Microsoft Corporation and MIVA, INc. infringed on Patent No. 7,225,151 entitled "Online Auction Bid Management System and Method."
Bid for Position, LLC |
AOL, LLC, Google, Inc., Microsoft Corp. and Miva, Inc. |
Microsoft Corp., Google, Inc. and AOL, LLC |
Bid for Position, LLC |
2:2007cv00582 |
December 13, 2007 |
US District Court for the Eastern District of Virginia |
Norfolk Office |
Richmond |
Walter D. Kelley |
Tommy E. Miller |
Patent |
35 U.S.C. ยง 271 Patent Infringement |
Both |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 217 |
Filing
208
AGREED ORDER that the portions of materials to be made public no longer contain "Protected Information" as defined in the Protective Order and shall be deemed public as described for purposes of the Appeal and all other purposes. (See order for specifics.) Signed by District Judge Jerome B. Friedman and filed on 4/6/09. (lwoo)
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Filing
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Joint MOTION to Amend/Correct and to Make Public Portions of Certain Briefs, Declarations, and Exhibits Filed Under Seal by Google, Inc., Bid for Position, LLC, AOL, LLC. (Noona, Stephen)
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Costs Taxed in amount of $18,086.70 against plaintiff. (rlam)
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Filing 204 |
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TRANSCRIPT PURCHASE REQUEST by Bid for Position, LLC. (lcur, )
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USCA for the Federal Circuit Notice of Docketing, case number 2009-1068. (lwoo)
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Filing
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Declaration re 200 Bill of Costs of Jamie Lisagor by Google, Inc., AOL, LLC. (Noona, Stephen)
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Filing 199 |
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Appeal Filing fee: $ 455, receipt number 24683000998 (lwoo)
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Filing 197 |
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Amended Final Judgment that judgment is entered in favor of Defendants on Plaintiff's claims; judgment is entered in favor of Defendants on Defendants' counter-claim for declaratory judgment of non-infringement; defendants have not and are not infringing any claim of U.S. Patent No. 7,225,151; Defendants' counterclaims for invalidity and unenforceability are dismissed without prejudice. Signed by District Judge Jerome B. Friedman and filed on 10/30/08. (lwoo) Modified on 11/4/2008 to remove the word "agreed." (mwin,).
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Filing
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STIPULATION of Dismissal, without prejudice, of the counterclaims for invalidity and unenforceability filed relating to U.S. Patent No 7,225,151. (lwoo)
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JUDGMENT Granting the Defendants' motion for summary judgment on infringement and Denying as Moot Plaintiff's motion for partial summary judgment. Entered by the clerk on 10/15/08 and filed 10/16/08. (lwoo)
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Filing 193 |
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TRANSCRIPT of Proceedings held on 9/11/08 before Judge Jerome B. Friedman. Court Reporter: Susanne Ash. (lwoo)
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ORDER, agreed, rescheduling certain dates in 59 Rule 16(b) SCHEDULING ORDER; setting hearing on motions for summary judgment 9/11/08, 2:30 p.m.; Jury Trial set for 2/2/2009 at 9:45 AM; Final Pretrial Conference set for 1/13/2009 at 10:00 AM (see order for additional deadlines). Signed by District Judge Jerome B. Friedman and filed on 9/11/08. Copies to calendar clerks and jury clerks 9/12/08.(mwin, )
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ORDER granting 188 Motion for Pro hac vice appointed Jamie Lee Lisagor for AOL, LLC and Google, Inc. Signed by District Judge Jerome B. Friedman and filed on 8/26/08. (lwoo)
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MOTION for Jamie Lee Lisagor to appear Pro hac vice by AOL, LLC, Google, Inc. (Attachments: # 1 Receipt)(lwoo)
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187
AGREED ORDER granting 170 Motion for Extension of Time to Serve Rule 26(a)(3) Disclosures extended to 8/8/08 and time for serving objections to such disclosures is extended until 8/15/08. The date for the Attorneys' conference is hereby extended to 8/18/08. Signed by Magistrate Judge Tommy E. Miller and filed on 8/15/08. (lwoo)
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Exhibits 2, 3 and 4 to the Declaration of Emily C. O'Brien (SEALED) re 183 Memorandum in Support by AOL, LLC, Google, Inc.. (lwoo)
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AGREED ORDER extending deadlines for summary judgment responses and replies. Plaintiff's filing time for reply brief to motion for partial summary judgment(#140) is extended to 8/1/08 and Plaintiff's brief in opposition to motion for summary judgment (#151) is extended to 8/6/08. Signed by District Judge Jerome B. Friedman and filed on 8/12/08. (lwoo)
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Filing
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Declaration of Emily C. O'Brien in Support of the Reply Memorandum in Support of Defendants Google and AOL's Motion for Summary Judgment of Noninfringement of U.S. Patent No. 7,225,151 by Google, Inc., AOL, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - under seal, # 3 Exhibit 3 - under seal, # 4 Exhibit 4 - under seal)(Noona, Stephen)
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Declaration of Gregory Dovel and Exhibits 3-9, 21-23 and 25 (SEALED) re 180 Brief in Opposition by Bid for Position, LLC. (lwoo)
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NOTICE by Bid for Position, LLC re 172 MOTION to Seal Plaintiffs Brief in Opposition to Defendants Motion for Summary Judgment of Non-Infringement; August 6, 2008 Declaration of Don Turnbull; August 6, 2008 Declaration of Gregory Dovel and Exhibits 3-9, 21-23 and 25 to the Dovel Declara, 173 Memorandum in Support, (Hill, Rowland)
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AGREED ORDER granting 149 Motion to Seal. (See order for specifics.) Signed by Magistrate Judge Tommy E. Miller on 8/1/08 and filed 8/4/08. (lwoo)
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Filing 167 |
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AGREED ORDER regarding certain documents produced in discovery. See Order for Specifics. Signed by Magistrate Judge Tommy E. Miller and filed on 7/31/08. (lwoo)
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AGREED ORDER granting 157 Motion for Extension of Time to File Response/Reply for discovery to 7/29/08. (See order for Specifics). Signed by District Judge Jerome B. Friedman and filed on 7/30/08. (lwoo)
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ORDER granting 125 Motion to Seal Certain exhibits to the declaration of Emily C. O'Brien and Portions of the Brief in Support of Defendant Google Inc.'s Motion for a Protective Order barring testimony related to plaintiff's 30(b)(6) deposition notice and deposition notices beyond the 10-deposition rule. Further the Court shall retain sealed materials until forty-five (45) days after entry of final order. If the case is not appealed, any sealed documents are to be returned to counsel for the filing party. Signed by District Judge Jerome B. Friedman and filed on 7/29/08. (lwoo)
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Memorandum in Opposition re 140 MOTION for Partial Summary Judgment re: Anticipation (35 U.S.C. Section 102) (corrected searchable version) filed by Google, Inc., AOL, LLC. (Noona, Stephen)
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NOTICE by Google, Inc., AOL, LLC re 151 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,225,151 of Request for Oral Argument on Motion (Noona, Stephen)
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AGREED ORDER re: Rule 30(B)(6) Depositions. Signed by Magistrate Judge Tommy E. Miller on 7/18/08 and filed 7/21/08. Copies mailed 7/22/08.(lwoo)
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TRANSCRIPT of Proceedings held on 7/16/08 before Judge Tommy E. Miller. Court Reporter: Sharon B. Borden. (lwoo)
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Filing
146
AGREED ORDER of Dismissal that all claims asserted by Bid For against MIVA in this action are hereby dismissed with prejudice, and all counterclaims asserted by MIVA against Bid For are hereby dismissed without prejudice, each party to bear its own costs and attorneys' fees. This Court retains jurisdiction to enforce the settlement agreement from 6/20/08. Signed by District Judge Jerome B. Friedman and filed on 7/15/08. Copies mailed 7/16/08(lwoo)
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Filing 144 |
Filing
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ORDER and Opinion issued as the construction of the claims in the 7,225,151 patent (see order for specifics). Signed by District Judge Jerome B. Friedman and filed on 7/11/08. Copies mailed 7/14/08.(lwoo)
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Exhibit F to Rosen Declaration (FILED UNDER SEAL) by Bid for Position, LLC (lwoo)
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Filing 133 |
Filing
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Declaration of Emily C. O'Brien in Support of Defendant Google Inc.'s Motion for a Protective Order Barring Plaintiff's 30(b)(6) Notice and Deposition Notices Beyond the 10-Deposition Rule by Google, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9 - under seal, # 10 Exhibit 10 - under seal, # 11 Exhibit 11, # 12 Exhibit 12 - under seal, # 13 Exhibit 13 - under seal, # 14 Exhibit 14 - under seal, # 15 Exhibit 15 - under seal, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22 - under seal, # 23 Exhibit 23, # 24 Exhibit 24)(Noona, Stephen)
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Filing
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AGREED ORDER that the Bavor Declaration and portions of the Brief in Support be filed under seal by the Clerk.(See #95/96). The court shall retain sealed materials until forty-five (45) days after entry of final order. If the case is not appealed, any sealed materials should be returned to counsel for the filing party. Signed by District Judge Jerome B. Friedman and filed on 6/30/08. Copies mailed 7/1/08.(lwoo)
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TRANSCRIPT of Proceedings for Markman Hearing held on 6/9/08 before Judge Jerome B. Friedman. Court Reporter: Susanne Ash. (jcow, )
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AMENDED ANSWER to 1 Complaint (First), Affirmative Defenses and, COUNTERCLAIM against Bid for Position, LLC by AOL, LLC. (Noona, Stephen)
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CONSENT ORDER granting 114 Motion for Leave to File Amended Answer, Affirmative Defenses and Counterclaims by AOL. AOL is Ordered to file its First Amended Answer and First Amended Counterclaim within three (3) business days of the entry of this order. It is further ordered that Bid for Position shall plead in response within ten (10) days thereafter. Signed by District Judge Jerome B. Friedman and filed on 6/19/08. Copies mailed 6/20/08. (lwoo)
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AGREED ORDER finding as moot and deemed to be withdrawn 91 Motion for Order sustaining Google's Objection to Plaintiff's designation of Dana Todd as a Technical Advisor Under the Protective Order. (See order for specifics.) Signed by District Judge Jerome B. Friedman and filed on 6/17/08. Copies mailed 6/17/08. (lwoo)
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Filing 116 |
Filing
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AGREED ORDER finding as moot and deemed to be withdrawn 86 Motion to Seal. Further requesting the Clerk to file the unredacted version of Defendants' Joint Opening Brief on Claim Construction and Exhibit 3 of the Declaration of Antonio R. Sistos in Support of Defendants' Opening Brief on Claim Construction as public documents. Signed by District Judge Jerome B. Friedman and filed on 6/6/08. Copies mailed 6/9/08. (lwoo)
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MOTION for Extension of Time to Serve Rule 26(a)(2)(B) Disclosures by Google, Inc.. (Attachments: # 1 Exhibit 1)(Noona, Stephen)
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Filing 110 |
Filing
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Memorandum in Support re 106 MOTION for Leave to File First Amended Answer, Affirmative Defenses and Counterclaims to Bid for Position's Complaint for Patent Infringement filed by Google, Inc.. (Noona, Stephen)
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Filing 105 |
Filing 102 |
Filing
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AMENDED ANSWER to Complaint (First), Affirmative Defenses and, COUNTERCLAIM against Bid for Position, LLC by Miva, Inc.. (Finberg, Dana)
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CONSENT ORDER granting 99 Motion for Leave to File First Amdended Answer. Miva is ORDERED to file its First Amended Answer, Affirmative Defenses and Counterclaims within three (3) business days of the entry of this Consent Order. It is further Ordered that Bid For Position shall plead in response to Miva's First Amended Answer within ten days thereafter. Signed by District Judge Jerome B. Friedman on 5/22/08. Copies mailed 5/23/08. (lwoo)
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Filing 99 |
Filing
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RESPONSE to Motion re 86 MOTION to Seal Certain Exhibits and Parts of Joint Claims Construction Brief filed by Bid for Position, LLC. (Hill, Rowland)
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Declaration of Clayton Bavor (FILED UNDER SEAL) by Google, Inc. (lwoo)
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Filing
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Defendants' Joint Opening Brief on Claim Construction filed by AOL, LLC, Google, Inc., Microsoft Corp., Miva, Inc. (lwoo) Modified on 6/9/2008 per order of 6/6/08 to file unredacted version (lwoo). (lwoo, ).
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NOTICE by Google, Inc., AOL, LLC, Microsoft Corp., Miva, Inc. of Intention to Seal Certain Exhhibits and Portions of Joint Claims Construction Brief (Noona, Stephen)
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AGREED PROTECTIVE ORDER granting 74 Motion for Entry of Agreed Protective Order, as to confidential material produced or filed in this lawsuit. See order for specifics. Signed by District Judge Jerome B. Friedman and filed on 4/28/08. Copies mailed 4/28/08. (lwoo)
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AGREED ORDER granting 73 Motion for entry of agreed briefing and disclosure schedule for Markman Hearing (See order for specifics). Signed by District Judge Jerome B. Friedman and filed on 4/23/08. (lwoo)
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MOTION for Laura Lynn Kolb to appear Pro hac vice on behalf of Microsoft Corp. (Attachments: # 1 Receipt)(lwoo)
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Filing 76 |
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Joint MOTION for Entry of Agreed Briefing and Disclosure Schedule for Markman Hearing by Google, Inc., AOL, LLC. (Attachments: # 1 Exhibit 1)(Noona, Stephen)
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AGREED ORDER granting 68 Motion for Extension of Time to Complete Discovery.(See order for specifics.) Signed by Magistrate Judge Tommy E. Miller and filed on 4/10/08. (lwoo)
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ORDER granting 65 Motion to Substitute Attorney. Attorney John Curtis Lynch and Edward Kyle McNew terminated. The substitution and withdrawal of counsel will not alter any pretrial deadlines existing in this case including the trial date. Signed by District Judge Jerome B. Friedman and filed on 4/4/08. (lwoo)
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MOTION for Aasheesh Shravah to appear Pro hac vice by Miva, Inc. (Attachments: # 1 Receipt)(lwoo)
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MOTION for Extension of Time to Complete Discovery by Google, Inc.. (Attachments: # 1 Proposed Order Exhibit 1)(Noona, Stephen)
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ORDER that the parties confer and submit a joint statement to the court by May 12, 2008 to apprise the court of the portions of the patent(s), if any, that are in dispute. Signed by District Judge Jerome B. Friedman and filed on 3/28/08. Copies mailed 3/28/08(lwoo)
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Memorandum in Support re 65 MOTION to Substitute Attorney filed by AOL, LLC. (Noona, Stephen)
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ORDER granting 61 Motion for Pro hac vice Appointed Katherine Helen Bennett for Google, Inc. Signed by Judge District Judge Jerome B. Friedman and filed on 3/20/08. Copies mailed 3/20/08. (lwoo)
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MOTION for Katherine Helen Bennett to appear Pro hac vice by Google, Inc. (Attachments: # 1 Receipt)(lwoo)
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RULe 16(b) SCHEDULING ORDER: Jury Trial set for 9/8/2008 at 09:45 AM in Norfolk. Final Pretrial Conference set for 8/22/2008 at 02:30 PM in Norfolk. Signed by Judge Jerome B. Friedman and filed on 3/11/08. (lwoo)
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Certificate of Compliance as to Miva, Inc. served on 3/7/2008. (lwoo)
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ORDER granting 55 Motion for Pro hac vice Appointed John M Williamson for AOL, LLC. Signed by Judge Jerome B. Friedman and filed on 2/28/08. Copies mailed 2/29/08. (lwoo)
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MOTION for John M. Williamson to appear Pro hac vice on behalf of AOL, LLC. (Attachments: # 1 Receipt)(lwoo)
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RULE 26(f) PRETRIAL SCHEDULING ORDER: Initial Pretrial Conference set for 3/11/2008 at 09:00 AM. Signed by Judge Tommy E. Miller and filed on 2/22/08. (jcow, )
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ORDER granting 49 Motion for Pro hac vice Appointed Paul Douglas Ackerman for Miva, Inc. Signed by Judge Jerome B. Friedman and filed on 2/19/08. Copies mailed 2/20/08. (lwoo)
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50
ANSWER to Counterclaim by MIVA, Inc. by Bid for Position, LLC.(Hill, Rowland)
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49
MOTION for Paul Douglas Ackerman to appear pro hac vice by Miva, Inc. (Attachments: # 1)(lwoo)
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AGREED ORDER Granting 43 Motion to Substitute Attorney. Added attorney Stephen Edward Noona for Google, Inc. Attorney Charles Paul Chalmers terminated. Signed by Judge Jerome B. Friedman and filed on 2/11/08. Copies mailed to counsel 2/12/08. (lwoo)
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Memorandum in Support re 43 MOTION to Substitute Attorney filed by Google, Inc.. (Noona, Stephen)
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SUMMONS Returned Executed by Bid for Position, LLC. Miva, Inc. served on 1/25/2008. (lwoo)
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ORDER granting 36 Motion for Charles Kramer Verhoeven to Appear Pro hac vice; granting 37 Motion for David Andrew Perlson to Appear Pro hac vice; granting 38 Motion for Emily christina O'Brien to Appear Pro hac vice; granting 39 Motion for Antonio ricardo Sistos to Appear Pro hac vice. Signed by Judge Jerome B. Friedman and filed on 2/6/08. (vwar, )
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35
ANSWER to Counterclaim of Microsoft Corp. by Bid for Position, LLC.(Hill, Rowland)
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Summons Reissued as to Miva, Inc. with judge's information and Magistrate notice, and delivered to counsel. (vwar, )
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31
Request for summons to be reissued for Defendant MIVA, Inc. (vwar, )
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AMENDED ANSWER to 1 Complaint, COUNTERCLAIM against Bid for Position, LLC by Microsoft Corp.. (Robinson, Michael)
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ORDER on motion granting 24 Motion for Pro hac vice; Appointed Richard A Cederoth for Microsoft Corp.. Signed by Judge Jerome B. Friedman and filed on 1/17/08. Copy mailed: 1/18/08 (jcow, )
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23
Financial Interest Disclosure Statement (Local Rule 7.1) by Microsoft Corp.. (Dolan, William)
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NOTICE of Appearance by John Curtis Lynch on behalf of AOL, LLC (Lynch, John)
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19
Financial Interest Disclosure Statement (Local Rule 7.1) by AOL, LLC. (McNew, Edward)
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Financial Interest Disclosure Statement (Local Rule 7.1) by Google, Inc.. (Chalmers, Charles)
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ORDER granting Motion for Extension of Time to File responsive pleadings to the complaint; ordering that the defendant Microsoft Corporation shall file its responsive pleadings by 1/17/08. Signed by Judge Walter D. Kelley Jr. and filed on 1/7/08. Copies mailed: 1/11/08 (jcow, ) Modified on 1/15/2008 to remove incorrect link to motion (jcow, ).
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ORDER granting 14 Motion for Pro hac vice Appointed David Rosen for Bid for Position, LLC. Signed by Judge Walter D. Kelley Jr. and filed on 1/4/08. (vwar, )
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SUMMONS Returned Executed by Bid for Position, LLC AOL, LLC served on 12/18/2007; Google, Inc. served on 12/18/2007; Microsoft Corp. served on 12/18/2007; Miva, Inc. served on 12/18/2007 (vwar, )
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ORDER granting 10 Motion for Pro hac vice Appointed Gregory Scott Dovel for Bid for Position, LLC. Signed by Judge Walter D. Kelley Jr. and filed on 12/28/07. Copies mailed to counsel 12/31/07. (lwoo)
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8
AO120 Report on the filing or determination of an action regarding a patent or trademark mailed to Director of the U.S. Patent and Trademark Office. (jcow, )
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3
NOTICE of Appearance by Rowland Braxton Hill, IV; Craig Thomas Merritt; Nichole Buck Vanderslice on behalf of Bid for Position, LLC (lwoo, )
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