Eclipse IP LLC v. PayByPhone Technologies, Inc.
| Eclipse IP LLC |
| PayByPhone Technologies, Inc., BackCountry.Com Inc, Tri Star Management Services Inc., Dogeared Jewels and Gifts LLC, Vapour Organic Beauty Inc, Safeway Inc., McKinley Equipment Corporation, Title 9 Sports Inc and Tri Star Management Services Inc. doing business as Legacy Supply Chain Services |
| 2:2014cv00154 |
| January 8, 2014 |
| US District Court for the Central District of California |
| Andrew J Wistrich |
| George H Wu |
| Patent |
| 28 U.S.C. § 1338 |
| Both |
Docket Report
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This docket was last retrieved on December 8, 2014. A more recent docket listing may be available from PACER.
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Filing 67
ORDER OF DISMISSAL WITH PREJUDICE #66 by Judge George H. Wu. IT IS THEREFORE ORDERED that all claims, defenses, and counterclaims asserted in this action are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. IT IS SO ORDERED. (lom)
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| Filing 66 Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff and Counterdefendant Eclipse IP LLC. (Attachments: #1 Proposed Order)(Olavi, Matt) |
| Filing 65 MEMORANDUM of Points and Authorities in Support (PayByPhone's Reply Markman Brief) (Sonnabend, Jeffrey) |
| Filing 64 NOTICE OF LODGING filed Pursuant to S.P.R. 3.5 re Brief (non-motion non-appeal) #63 (Olavi, Matt) |
| Filing 63 BRIEF filed by Plaintiff Eclipse IP LLC. Eclipse IP LLC's Responsive Claim Construction Brief (Olavi, Matt) |
| Filing 62 BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) |
| Filing 61 MEMORANDUM of Points and Authorities in Support (PayByPhone's Opening Markman Brief) (Sonnabend, Jeffrey) |
| Filing 60 REPLY filed by Defendant PayByPhone Technologies, Inc. to Minutes of In Chambers Order/Directive - no proceeding held #59 (Defendant PayByPhone's election of three additional claim terms requiring construction) (Sonnabend, Jeffrey) |
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Filing 59
MINUTE ORDER LIMITING NUMBER OF TERMS TO BE CONSTRUED (IN CHAMBERS) by Judge George H. Wu: **See document for details** (jag)
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| Filing 57 STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff Eclipse IP LLC (Attachments: #1 Exhibit A)(Olavi, Matt) |
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Filing 58
ORDER from 9th CCA filed re: Notice of Appeal to Federal Circuit Court of Appeals #54 filed by Eclipse IP LLC, CCA # 2015-1023. IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs. ISSUED AS A MANDATE: October 23, 2014. Order received in this district on 10/23/14. (mat)
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| Filing 56 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1023. Federal Circuit Court regarding Notice of Appeal to Federal Circuit Court of Appeals #54 as to Plaintiff Eclipse IP LLC. (dmap) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Ruling and Representation Statement e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #54 (car) |
| Filing 55 REPRESENTATION STATEMENT re Notice of Appeal to Federal Circuit Court of Appeals #54 . (Woods, Tyler) |
| Filing 54 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Eclipse IP LLC. Appeal of Order Dismissing Case, #50 (Appeal fee of $505 receipt number 0973-14550207 paid.) (Woods, Tyler) |
| Filing 53 REPLY filed by Defendant PayByPhone Technologies, Inc. to Notice (Other) #52 (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey) |
| Filing 52 NOTICE of PayByPhone's Non-Compliance with the Court's August 7, 2014 Order filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
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Filing 51
MINUTE ORDER IN CHAMBERS by Judge George H. Wu: #50 . Case previously closed in error (Case reopened. MD JS-5.) (pj)
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| Filing 50 RULING ON MOTION TO DISMISS FOR LACK OF PATENTABLE SUBJECT MATTER (35 U.S.C 101) by Judge George H. Wu, #42 . For the foregoing reasons, the Court would GRANT the Motion and DISMISS the case because681 Patent claims 1, 3, 4, and 6, 716 Patent claims 1, 2, 4, 6, 7, 18, 19, 20, 41, 43, 44, 45, and 46, and 110 Patent claims 1, 2, 7, and 8 fail to satisfy 35 U.S.C. 101. Case Terminated. Made JS-6. (pj) |
| Filing 49 REPLY MOTION to Dismiss Case for failure to state a claim upon which relief can be granted #42 filed by Defendant McKinley Equipment Corporation. (Durie, Daralyn) |
| Filing 48 Notice of Appearance or Withdrawal of Counsel: for attorney David E Fink counsel for Defendant Dogeared Jewels and Gifts LLC. Filed by defendant Dogeared Jewels and Gifts LLC. (Fink, David) |
| Filing 47 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge George H. Wu. The Court sets the following: Responsive Pleadings or Motions Due, Deadline to Join Other; Parties and Amend the Pleadings July 25, 2014; Early Meeting of the Parties (S.P.R. 2.3) July 28, 2014; Supplemental Joint 26(f) Report Re Issues Not Resolved During July 7, 2014 Status Conference) August 4, 2014; Telephonic Status Conference (Re Issues Not Resolved During July 7, 2014 Status Conference) (S.P.R. 2.4) August 7, 2014; Invalidity Conditions and Documents (S.P.R. 2.5 and 2.6) August 29, 2014; Exchange Claim Terms For Construction (S.P.R. 3.1) September 8, 2014; Exchange Proposed Constructions & Evidence (S.P.R. 3.2) September 22, 2014; Complete Claim Construction Discovery (S.P.R. 3.3) October 20, 2014; Joint Claim Construction and Prehearing Statement (S.P.R. 3.4) October 27, 2014; Simultaneous Opening Markman Briefs (S.P.R. 3.5) November 3, 2014; Simultaneous Responding Markman Briefs, Technology Tutorials,and Hearing Slide Decks (S.P.R. 3.5) November 17, 2014; Markman Hearing December 8, 2014 at 8:30 a.m.; Deadline to Complete Mediation February 6, 2015. (See attached document for other deadlines.) Court Reporter: Katie Thibodeaux. (lom) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Tyler J Woods counsel for Plaintiff Eclipse IP LLC. Adding Tyler J. Woods as attorney as counsel of record for Eclipse IP LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Eclipse IP LLC. (Attorney Tyler J Woods added to party Eclipse IP LLC(pty:pla))(Woods, Tyler) |
| Filing 45 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Plaintiff Eclipse IP LLC.. (Woods, Tyler) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth Offen Brown Klein counsel for Defendant McKinley Equipment Corporation. Adding Elizabeth Offen-Brown Klein as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Elizabeth Offen Brown Klein added to party McKinley Equipment Corporation(pty:dft))(Klein, Elizabeth) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Clement S Roberts counsel for Defendant McKinley Equipment Corporation. Adding Clement S. Roberts as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Clement S Roberts added to party McKinley Equipment Corporation(pty:dft))(Roberts, Clement) |
| Filing 42 NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted filed by Defendant McKinley Equipment Corporation. Motion set for hearing on 9/4/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum in Support of Defendant's Motion to Dismiss, #2 Proposed Order granting Defendant's Motion to Dismiss)(Durie, Daralyn) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Daralyn J Durie counsel for Defendant McKinley Equipment Corporation. Adding Daralyn J. Durie as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Daralyn J Durie added to party McKinley Equipment Corporation(pty:dft))(Durie, Daralyn) |
| Filing 40 Proposed Pretrial Schedule For Consolidated Cases re: Status Conference, Set/Reset Deadlines/Hearings, Set/Clear Flags,,,,,,,,, #38 (Woods, Tyler) |
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Filing 39
ORDER by Judge George H. Wu: Upon PayByPhone Technologies, Inc.s ex parte motion, consentedto by all parties, the Court hereby orders that the case schedule be amended asfollows. No other scheduled dates shall be affected #37 . Telephonic Status Conference set for 8/7/2014 08:30 AM before Judge George H. Wu. (pj)
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| Filing 37 EX PARTE APPLICATION to Reschedule certain dates on current schedule filed by Defendant, Counter Claim Plaintiff PayByPhone Technologies, Inc.. (Attachments: #1 Proposed Order)(Sonnabend, Jeffrey) |
| Filing 38 MINUTES OF TELEPHONIC Status Conference held before Judge George H. Wu:, The Court consolidates with following cases with the above-entitled action for all pretrial proceedings:Eclipse IP, LLC v. Tri Starr Management Services, Inc., EDCV 14-578-GW(AJWx)Eclipse IP, LLC v. Vapour Organic Beauty, Inc., SACV 14-644-GW(AJWx)Eclipse IP, LLC v. McKinley Equipment Corporation, SACV 14-742-GW(AJWx)Parties are advised that all subsequent filings will be filed in Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV 14-154-GW(AJWx)Court and counsel confer re order issued on July 3, 2014 #36 . Parties will meet and confer re scheduling and file a proposed schedule filed by July 11, 2014.The Court sets the Markman Hearing for December 8, 2014 at 8:30 a.m. Court Reporter: Katie Thibideaux. (pj) |
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Filing 36
MINUTE ORDER RE JULY 7, 2014 STATUS CONFERENCE (IN CHAMBERS) by Judge George H. Wu: **SEE DOCUMENT FOR DETAILS** (jag)
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| Filing 35 Filing in Compliance with the Court's June 10, 2014 Order filed by Plaintiff Eclipse IP LLC re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings,,,,,,,,,,,,,,,,,,,,,,,, #33 (Olavi, Matt) |
| Filing 34 STATUS REPORT Pursuant to The Court's June 10, 2014 Order and Exhibit 1-2 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
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Filing 33
MINUTE ORDER IN CHAMBERS ORDER Coordinating and Staying Cases by Judge George H. Wu: The Court was presiding over two cases filed by Eclipse IP LLC ("Eclipse"); Exlipse IP, LLC v. Dolls Kill, Inc., CV13-1855, and Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV14-00154, and has accepted related case transfer of seven cases Eclipse filed involving an overlaping constellation of patents from the same family; Nos. 7,064,681; 7,113,110; 7,119,716; 7,319,414; 7,479,899; 7,482,952; 7,876,239; 8,232,899; 8,531,317; and 7,564,459. Those related cases are: 1. Eclipse IP LLC v. Safeway Inc., CV14-00376, 2. Eclipse IP LLC v. Tri Starr Management Services Inc., CV14-00578, 3. Eclipse IP LLC v. Dogeared Jewels and Gifts LLC, CV14-00643, 4. Eclipse IP LLC v. Vapour Organic Beauty Inc., CV14-00644, 5. Eclipse IP LLC v. Title 9 Sports Inc., CV14-00645, 6. Eclipse IP LLC v. Backcountry.com Inc., CV14-00646, 7. Eclipse IP LLC v. McKinley Equipment Corporation, CV14-00742. These nine related cases are collectively referred to as the "Eclipse Cases." All of the Eclipse cases that remain pending are hereby COORDINATED for case management purposes. The Eclipse Cases are hereby STAYED with the exception of the below-described activity. All pending motions are hereby taken off calendar, and, if appropriate, can be reinstated with any necessary modification once the stay is lifted. Plaintiff is ORDERED to file a status report with the Court no later than 14 days after the filing of this Order, certifying service of this Order (attaching proof of service if not effected through CM/ECF), and providing two summary charts showing which defendants are alleged to infringe which claims of which patents; one organized by defendant, the other by patent and claim. The Court also VACATES the scheduling conference set for June 23, 2014 and sets a Status Conference for the Eclipse Cases on July 7, 2014 at 8:30 a.m. to discuss lifting the stay and future scheduling of matters in the actions. Parties may appear telephonically with advanced arrangement with the Court Clerk. (bp)
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| Filing 32 NOTICE OF MOTION AND MOTION to Strike Defendant PayByPhone's Counterclaims Answer to Complaint #28 , Counterclaim And to Dismiss PayByPhone's Counterclaims filed by Plaintiff and Counterdefendant Eclipse IP LLC. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Olavi Declaration and Exhibits 1-2, #3 Proposed Order)(Olavi, Matt) |
| Filing 31 MINUTES OF Scheduling Conference held before Judge George H. Wu, Court and counsel confer re consolidation of other Eclipse IP, LLC matters. For reasons stated on the record, the scheduling conference is continued to June 23, 2014 at 8:30 a.m. A report regarding each sides scheduling position will be filed by noon on June 18, 2014. Court Reporter: Pamela Batalo. (pj) |
| Filing 30 MINUTES OF Scheduling Conference held before Judge George H. Wu. The Court's Handout for Scheduling Conference is circulated and attached hereto. For reasons stated on the record, the scheduling conference to June 5, 2014 at 8:30 a.m. Parties may appear telephonically provided that notice is given to the clerk two business days prior to the hearing. Court Reporter: Katie Thibodeaux. (bp) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Plaintiff Eclipse IP LLC.. (Olavi, Matt) |
| COUNTERCLAIM against Counter Defendant Eclipse IP LLC, filed by Counter Claimant PayByPhone Technologies, Inc.. ( THE IMAGE OF THIS COUNTER-CLAIM IS ATTACHED TO DOCUMENT NUMBER 28 FILED ON 5/15/2014) (pj) |
| Filing 28 ANSWER to Amended Complaint #10 JURY DEMAND. (with counterclaims) filed by Defendant PayByPhone Technologies, Inc..(Sonnabend, Jeffrey) |
| Filing 27 MINUTES OF Defendant Paybyphone Technologies Inc's Motion to Dismiss Plaintiff's First Amended Complaint #19 before Judge George H. Wu: Court hears oral argument. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Defendant's Motion is DENIED. Defendant will have 21 days from the date of this order to respond to the First Amended Complaint. A Scheduling Conference is set for 5/29/2014 at 8:30 AM. Parties may appear telephonically provided that notice is given to the clerk at least two business days prior to the hearing. Court Reporter: Katie Thibodeaux. (jp) |
| Filing 26 REPLY In Support MOTION to Dismiss Case #19 filed by Defendant PayByPhone Technologies, Inc.. (Kashfian, Robert) |
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Filing 25
ORDER by Judge George H. Wu: granting #22 Application to Appear Pro Hac Vice by Attorney Jeffrey Sonnabend on behalf of Defendant, designating Robert A. Kashfian as local counsel. (lt)
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| Filing 24 OBJECTION In Opposition To Exhibits 1-12 re: MOTION to Dismiss Case #19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
| Filing 23 OPPOSITION In Opposition To re: MOTION to Dismiss Case #19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
| Filing 22 Second APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: #1 Proposed Order)(Kashfian, Robert) |
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Filing 21
ORDER by Judge George H. Wu: denying #18 Application to Appear Pro Hac Vice for failure to comply with Local Rule 83-2.1.3.3 - Applicant did not supply Good Standing Certificates for each of the state bar that the attorney is admitted of that particular Bar. Fee shall be returned by the Clerk within one week of this order, if Applicant has not complied. Terming Attorney Jeffrey Sonnabend. (lt)
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| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) #18 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Applicant did not supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3; Fee not paid. See LR 83-2.1.3.3(c). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PayByPhone Technologies, Inc.. Motion set for hearing on 4/24/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit 1 to 12, #3 Proposed Order)(Kashfian, Robert) |
| Filing 18 APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: #1 Proposed Order)(Kashfian, Robert) |
| Filing 17 NOTICE of Appearance filed by attorney Robert Adam Kashfian on behalf of Defendant PayByPhone Technologies, Inc. (Attorney Robert Adam Kashfian added to party PayByPhone Technologies, Inc.(pty:dft))(Kashfian, Robert) |
| Filing 16 STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. (See document for details) (bp) |
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Filing 15
ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Fernando M. Olguin. Case transferred from Judge Fernando M. Olguin to Judge George H. Wu for all further proceedings. Case number now reads CV 14-00154 GW(AJWx). (rn)
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| Filing 14 PROOF OF SERVICE filed by Plaintiff Eclipse IP LLC, re Amended Complaint #10 served on 03/03/2014. (Olavi, Matt) |
| Filing 13 21 DAY Summons Issued re First Amended Complaint #10 as to Defendant PayByPhone Technologies, Inc. (jp) |
| Filing 12 Request for Clerk to Issue Summons on Amended Complaint #10 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
| Filing 11 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) |
| Filing 10 FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Eclipse IP LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Olavi, Matt) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to PayByPhone Technologies, Inc. answer now due 3/6/2014, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Eclipse IP LLC, upon Defendant PayByPhone Technologies, Inc. served on 1/14/2014, answer due 2/4/2014. Service of the Summons and Complaint were executed upon NARI Services, Inc. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Olavi, Matt) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant PayByPhone Technologies, Inc. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Andrew J. Wistrich. (ghap) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) |
| Filing 3 Notice and Certificate of Interested Parties (Olavi, Matt) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) |
| Filing 1 COMPLAINT Receipt No: 0973-13202472 - Fee: $400, filed by Plaintiff Eclipse IP LLC.(Attorney Matt Olavi added to party Eclipse IP LLC(pty:pla))(Olavi, Matt) |
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