Apple Computer, Inc. v. Podfitness, Inc.

Justia Dockets & Filings Ninth Circuit California Northern District Apple Computer, Inc. v. Podfitness, Inc.

Apple Computer, Inc. v. Podfitness, Inc.

Plaintiff Apple Computer, Inc. alleged that defendant Podfitness, Inc.uses trade names and marks (PODFITNESS.COM and PODFITNESS) that are highly similar to and confusingly similar to Apple's famous trademarks (IPOD), and that defendant intentionally sought to imply an association with Apple in its marketing and advertising.

Plaintiff:	Apple Computer, Inc.
Defendant:	Podfitness, Inc.
Counter-claimant:	Podfitness, Inc.
Counter-defendant:	Apple Computer, Inc.
Case Number:	4:2006cv05805
Filed:	September 21, 2006
Court:	US District Court for the Northern District of California
Office:	Oakland Office
County:	Santa Clara
Presiding Judge:	Saundra Brown Armstrong
Presiding Judge:	Joseph C. Spero
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 44 Trademark Infringement
Jury Demanded By:	Both

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Docket Report

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Date Filed	Document Text
June 10, 2008	Filing 131 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge ARMSTRONG on 6/9/08. (lrc, COURT STAFF) (Filed on 6/10/2008)
June 9, 2008	Filing 130 REPORT on the determination of an action regarding TRADEMARK INFRINGEMENT (cc: form mailed to register). (Attachments: # 1 Consent Judgment and Permanent Injunction)(jlm, COURT STAFF) (Filed on 6/9/2008)
June 6, 2008	Filing 129 STIPULATION of Dismissal With Prejudice and Proposed Order, filed by Apple Computer, Inc., Podfitness, Inc. (Miclean, David) (Filed on 6/6/2008) Modified on 6/9/2008 (jlm, COURT STAFF).
June 6, 2008	Filing 128 CONSENT JUDGMENT, PERMANENT INJUNCTION, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 6/6/08. (lrc, COURT STAFF) (Filed on 6/6/2008)
June 5, 2008	Filing 127 Letter from Plaintiff Apple Inc. Inquiring Re Consent Judgment and Permanent Injunction - Document No. 126. (Miclean, David) (Filed on 6/5/2008)
May 28, 2008	Filing 126 Proposed Consent Judgment and Permanent Injunction, filed by Apple Computer, Inc., Podfitness, Inc.. (Miclean, David) (Filed on 5/28/2008) Modified on 5/29/2008 (jlm, COURT STAFF).
May 14, 2008	Filing 125 ORDER Setting Hearing on Motion 103 MOTION for Partial Summary Judgment and Notice of Motion : Motion Hearing set for 6/17/2008 01:00 PM.. Signed by Judge ARMSTRONG on 5/14/08. (lrc, COURT STAFF) (Filed on 5/14/2008)
May 9, 2008	Filing 124 ORDER, by Judge Joseph C. Spero, signed 5/9/8, denying 112 Redacted Motion for Disclosure of Redacted Information in Document Number PF001014; denying 114 SEALED Motion for Disclosure of Redacted Information in Document Number PF001014. (klh, COURT STAFF) (Filed on 5/9/2008)
May 9, 2008	Filing 123 STIPULATION and [Proposed] Order Setting Briefing Schedule by Apple Computer, Inc., Podfitness, Inc.. (Miclean, David) (Filed on 5/9/2008) Modified on 5/12/2008 (jlm, COURT STAFF).
April 28, 2008	Filing 122 Proposed Order re 103 Denying Defendant's Partial Motion For Summary Judgment by Apple Computer, Inc.. (Abrams, Andrew) (Filed on 4/28/2008) Modified on 4/29/2008 (jlm, COURT STAFF).
April 28, 2008	Filing 121 Declaration of Andrew M. Abrams in Support of 119 Memorandum in Opposition to Partial Motion for Summary Judgment filed byApple Computer, 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, # 10 Errata 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Errata 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52)(Related document(s) 119 ) (Abrams, Andrew) (Filed on 4/28/2008)
April 28, 2008	Filing 120 Declaration of Greg Joswiak in Support of 119 Memorandum in Opposition to Partial Motion for Summary Judgment filed byApple Computer, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 119 ) (Abrams, Andrew) (Filed on 4/28/2008)
April 28, 2008	Filing 119 Memorandum in Opposition re 103 MOTION for Partial Summary Judgment and Notice of Motion REDACTED filed byApple Computer, Inc.. (Abrams, Andrew) (Filed on 4/28/2008)
April 28, 2008	Filing 118 NOTICE by Apple Computer, Inc. Manual Filing (Abrams, Andrew) (Filed on 4/28/2008)
April 28, 2008	Filing 117 MOTION to Seal Document filed by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations) of Abrams ISO Motion to File Under Seal, # 2 Proposed Order Granting Mtn to File Under Seal)(Abrams, Andrew) (Filed on 4/28/2008)
April 18, 2008	Filing 116 Memorandum in Opposition re 114 MOTION for Disclosure of the Redacted Information in Document No. PF001014 - CORRECTION OF DOCKET #115 filed byPodfitness, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Jeff Hays)(Magleby, James) (Filed on 4/18/2008)
April 18, 2008	Filing 115 * FILED IN ERROR. PLEASE SEE DOCKET # 116 . * Memorandum in Opposition re 114 MOTION for Disclosure of the Redacted Information in Document No. PF001014 filed byPodfitness, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Jeff Hays)(Magleby, James) (Filed on 4/18/2008) Modified on 4/24/2008 (ewn, COURT STAFF).
April 14, 2008	Filing 113 ORDER, by Judge Joseph C. Spero, signed 4/14/8, granting 110 Motion to Seal Document - the unredacted version of Apple's Application for Disclosure of the Redacted Informatin in Doc. Number PF001014. (klh, COURT STAFF) (Filed on 4/14/2008)
April 4, 2008	Filing 114 MOTION for Disclosure of the Redacted Information in Document Number PF001014 *FILED UNDER SEAL BY ORDER OF THE COURT, PLEASE SEE DOCUMENT 113 * filed by Apple Computer, Inc.. (jlm, COURT STAFF) (Filed on 4/4/2008)
April 4, 2008	Filing 112 MOTION Application for Disclosure of the Redacted Information in Document Number PF001014-Redacted Version filed by Apple Computer, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Abrams, Andrew) (Filed on 4/4/2008)
April 4, 2008	Filing 111 NOTICE by Apple Computer, Inc. of Manual Filing (Abrams, Andrew) (Filed on 4/4/2008)
April 4, 2008	Filing 110 MOTION to Seal Document filed by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration of Abrams, # 2 Proposed Order)(Abrams, Andrew) (Filed on 4/4/2008)
April 2, 2008	Filing 109 NOTICE OF CONTINUANCE AND ORDER - Settlement Conference continued to 10/22/2008 09:30 AM. Signed by Judge Elizabeth D. Laporte on 4/2/08. (lmh, COURT STAFF) (Filed on 4/2/2008)
March 20, 2008	Filing 108 ORDER Setting Hearing on Motion 103 Motion for Partial Summary Judgment : Motion Hearing set for 6/3/2008 at 01:00 PM. Signed by Judge ARMSTRONG on 3/19/08. (lrc, COURT STAFF) (Filed on 3/20/2008) Modified on 3/21/2008 (jlm, COURT STAFF).
March 18, 2008	Filing 107 STIPULATION and [Proposed] Order Setting Briefing Schedule and Continuing Hearing Date by Apple Computer, Inc., Podfitness, Inc.. (Martens, Lisa) (Filed on 3/18/2008) Modified on 3/19/2008 (jlm, COURT STAFF).
February 22, 2008	Filing 106 Proposed Order re 103 Motion for Partial Summary Judgment by Podfitness, Inc.. (Magleby, James) (Filed on 2/22/2008) Modified on 2/25/2008 (jlm, COURT STAFF).
February 22, 2008	Filing 105 Declaration of Greg Wayment in Support of 103 Motion for Partial Summary Judgment filed by Podfitness, 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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Related document(s) 103 ) (Magleby, James) (Filed on 2/22/2008) Modified on 2/25/2008 (jlm, COURT STAFF).
February 22, 2008	Filing 104 Declaration of Jeff Hays in Support of 103 Motion for Partial Summary Judgment filed by Podfitness, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 103 ) (Magleby, James) (Filed on 2/22/2008) Modified on 2/25/2008 (jlm, COURT STAFF).
February 22, 2008	Filing 103 MOTION for Partial Summary Judgment, filed by Podfitness, Inc.. Motion Hearing set for 4/8/2008 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Magleby, James) (Filed on 2/22/2008) Modified on 2/25/2008 (jlm, COURT STAFF).
February 22, 2008	Filing 102 * FILED IN ERROR. PLEASE SEE DOCKET # 103 . * MOTION for Partial Summary Judgment and Notice of Motion filed by Apple Computer, Inc.. Motion Hearing set for 4/8/2008 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Magleby, James) (Filed on 2/22/2008) Modified on 2/25/2008 (ewn, COURT STAFF).
February 5, 2008	Filing 101 ORDER re 44 Redacted Joint Letter Brief filed by Apple Computer, Inc., and 54 Joint Sealed Letter filed by Podfitness, Inc., Apple Computer, Inc. Re: Document Numer PF001014. Signed by Judge Joseph C. Spero on 2/4/8. (klh, COURT STAFF) (Filed on 2/5/2008)
January 10, 2008	Filing 100 STIPULATION AND ORDER RE: CASE MANAGEMENT SCHEDULING ORDER: Motions due by 9/23/2008. Pretrial Conference set for 11/18/2008 01:00 PM. Discovery due by 5/23/2008. Jury Trial set for 12/1/2008 08:30 AM.. Signed by Judge ARMSTRONG on 1/10/08. (lrc, COURT STAFF) (Filed on 1/10/2008)
January 7, 2008	Filing 97 Declaration of James E. Magleby in Support of 96 Stipulated Request Changing Time and Proposed Order filed by Apple Computer, Inc., Podfitness, Inc.. (Related document(s) 96 ) (Abrams, Andrew) (Filed on 1/7/2008) Modified on 1/8/2008 (jlm, COURT STAFF). Modified on 1/8/2008 (jlm, COURT STAFF).
January 7, 2008	Filing 96 STIPULATED Request Changing Time and Proposed Order, by Apple Computer, Inc., Podfitness, Inc.. (Abrams, Andrew) (Filed on 1/7/2008) Modified on 1/8/2008 (jlm, COURT STAFF). Modified on 1/8/2008 (jlm, COURT STAFF). Modified on 1/8/2008 (jlm, COURT STAFF).
January 4, 2008	Filing 99 ORDER by Judge Saundra Brown Armstrong GRANTING 79 Motion for Pro Hac Vice for James E. Magleby (jlm, COURT STAFF) (Filed on 1/4/2008)
January 4, 2008	Filing 98 ORDER by Judge Saundra Brown Armstrong GRANTING 80 Motion for Pro Hac Vice for Jason A. McNeill (jlm, COURT STAFF) (Filed on 1/4/2008)
December 21, 2007	Filing 95 NOTICE to Withdraw 82 Motion for Administrative Relief Extending Pretrial Deadlines filed by Podfitness, Inc.. (Wagstaffe, James) (Filed on 12/21/2007) Modified on 12/26/2007 (jlm, COURT STAFF). Modified on 12/26/2007 (jlm, COURT STAFF).
December 19, 2007	Filing 94 Declaration in Support of 93 Stipulation and Proposed Order Changing Time filed byApple Computer, Inc.. (Related document(s) 93 ) (Abrams, Andrew) (Filed on 12/19/2007) Modified on 12/20/2007 (jlm, COURT STAFF).
December 19, 2007	Filing 93 STIPULATION and Proposed Order Changing Time, filed by Apple Computer, Inc., Podfitness, Inc.. (Abrams, Andrew) (Filed on 12/19/2007) Modified on 12/20/2007 (jlm, COURT STAFF).
December 19, 2007	Filing 92 NOTICE of Withdrawal re 88 Motion to Quash by Apple Computer, Inc. (Martens, Lisa) (Filed on 12/19/2007) Modified on 12/20/2007 (jlm, COURT STAFF).
December 14, 2007	Filing 91 Minute Entry: Motion Hearing held on 12/14/2007 before Charles R. Breyer re 88 MOTION to Quash Defendant's Notice of Deposition Under Rule 30(b)(6) filed by Apple Computer, Inc. Motion submitted. Parties to advise Judge Spero by close of business on 12/18/7 if this issue has been resolved. (Court Reporter Sahar McVickar.) (klh, COURT STAFF) (Date Filed: 12/14/2007)
December 13, 2007	Filing 90 Proposed Order re 88 Motion to Quash and Notice of Deposition Under Rule 30(b)(6) by Apple Computer, Inc.. (Martens, Lisa) (Filed on 12/13/2007) Modified on 12/14/2007 (jlm, COURT STAFF).
December 13, 2007	Filing 89 Declaration of Lisa M. Martens in Support of 88 Motion to Quash and Notice of Deposition Under Rule 30(b)(6) filed by Apple Computer, Inc.. (Related document(s) 88 ) (Martens, Lisa) (Filed on 12/13/2007) Modified on 12/14/2007 (jlm, COURT STAFF).
December 13, 2007	Filing 88 MOTION to Quash and Notice of Deposition Under Rule 30(b)(6), filed by Apple Computer, Inc.. (Attachments: # 1 Exhibit A)(Martens, Lisa) (Filed on 12/13/2007) Modified on 12/14/2007 (jlm, COURT STAFF).
December 13, 2007	Filing 87 Proposed Order re 85 Memorandum in Opposition to Defendant's Motion for Administrative Relief Extending Pretrial Deadlines by Apple Computer, Inc.. (Martens, Lisa) (Filed on 12/13/2007)
December 13, 2007	Filing 86 Declaration of David J. Miclean in Support of 85 Memorandum in Opposition to Defendant's Motion for Administrative Relief Extending Pretrial Deadlines filed byApple Computer, Inc.. (Related document(s) 85 ) (Martens, Lisa) (Filed on 12/13/2007)
December 13, 2007	Filing 85 Memorandum in Opposition re 82 MOTION Administrative Relief Extending Pretrial Deadlines filed byApple Computer, Inc.. (Martens, Lisa) (Filed on 12/13/2007)
December 10, 2007	Filing 84 Proposed Order re 82 MOTION Administrative Relief Extending Pretrial Deadlines by Podfitness, Inc.. (Wagstaffe, James) (Filed on 12/10/2007)
December 10, 2007	Filing 83 Declaration of James Magleby in Support of 82 MOTION Administrative Relief Extending Pretrial Deadlines filed byPodfitness, Inc.. (Related document(s) 82 ) (Wagstaffe, James) (Filed on 12/10/2007)
December 10, 2007	Filing 82 MOTION for Administrative Relief Extending Pretrial Deadlines filed by Podfitness, Inc.. (Wagstaffe, James) (Filed on 12/10/2007) Modified on 12/26/2007 (jlm, COURT STAFF).
December 10, 2007	Filing 81 ORDER, by Judge Joseph C. Spero, signed 12/10/7, granting 71 Plaintiff's Motion to Compel the Depositions of Jeff Hays and Teri Sundh. (klh, COURT STAFF) (Filed on 12/10/2007)
December 7, 2007	Filing 78 Minute Entry: Motion Hearing held on 12/7/2007 before Magistrate Judge Joseph C. Spero re 71 MOTION to Compel The Depositions of Jeff Hays and Teri Sundh filed by Apple Computer, Inc. Motion GRANTED. Depos to be taken on or before 12/21/7. (Court Reporter Margo Gurule.) (klh, COURT STAFF) (Date Filed: 12/7/2007) Modified on 12/10/2007 (jlm, COURT STAFF).
December 6, 2007	Filing 80 MOTION for leave to appear in Pro Hac Vice for Jason A. McNeill ( Filing fee $ 210, receipt number 44611001586.) filed by Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 12/6/2007)
December 6, 2007	Filing 79 MOTION for leave to appear in Pro Hac Vice for James E. Magleby ( Filing fee $ 210, receipt number 44611001587.) filed by Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 12/6/2007)
December 6, 2007	Received Order re 80 MOTION for leave to appear in Pro Hac Vice Jason A. McNeill ( Filing fee $ 210, receipt number 44611001586.) by Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 12/6/2007)
December 6, 2007	Received Order re 79 MOTION for leave to appear in Pro Hac Vice for James E. Magleby ( Filing fee $ 210, receipt number 44611001587.) by Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 12/6/2007)
December 6, 2007	Filing 77 Statement of Non-Opposition re 71 MOTION to Compel The Depositions of Jeff Hays and Teri Sundh filed byPodfitness, Inc.. (Related document(s) 71 ) (Wagstaffe, James) (Filed on 12/6/2007)
December 6, 2007	Filing 76 NOTICE of Appearance by James Matthew Wagstaffe (Wagstaffe, James) (Filed on 12/6/2007)
November 1, 2007	Filing 75 ORDER by Judge ARMSTRONG granting 59 Motion to Withdraw as Attorney. (lrc, COURT STAFF) (Filed on 11/1/2007)
November 1, 2007	Filing 74 ORDER by Judge ARMSTRONG granting 64 Motion to Stay (lrc, COURT STAFF) (Filed on 11/1/2007)
October 30, 2007	Filing 73 Proposed Order re 71 Motion to Compel the Depositions of Jeff Hays and Teri Sundh by Apple Computer, Inc.. (Miclean, David) (Filed on 10/30/2007) Modified on 10/31/2007 (jlm, COURT STAFF).
October 30, 2007	Filing 72 Declaration of David J. Miclean in Support of 71 MOTION to Compel The Depositions of Jeff Hays and Teri Sundh filed byApple Computer, Inc.. (Related document(s) 71 ) (Miclean, David) (Filed on 10/30/2007)
October 30, 2007	Filing 71 MOTION to Compel The Depositions of Jeff Hays and Teri Sundh filed by Apple Computer, Inc.. Motion Hearing set for 12/7/2007 09:30 AM in Courtroom A, 15th Floor, San Francisco. (Miclean, David) (Filed on 10/30/2007)
October 24, 2007	Filing 70 NOTICE of Corrected [Proposed] Order Permitting Withdraw of Workman Nydegger and Collette Erickson Farmer & O'Neill, filed by Podfitness, Inc. (Attachments: # 1 Proposed Order Proposed Order)(Veverka, Charles) (Filed on 10/24/2007) Modified on 10/25/2007 (jlm, COURT STAFF). Modified on 10/31/2007 (jlm, COURT STAFF).
October 22, 2007	Filing 69 Reply to Opposition re 64 MOTION to Stay Proceedings for Thirty Days Pending Engagement of Substitute Counsel filed byPodfitness, Inc.. (Attachments: # 1 Exhibit Declaration of Hays)(Veverka, Charles) (Filed on 10/22/2007)
October 16, 2007	Filing 68 NOTICE of Departure of Podfitness' In-house Counsel Steve Hutchinson, filed by Podfitness, Inc. (Veverka, Charles) (Filed on 10/16/2007) Modified on 10/25/2007 (jlm, COURT STAFF).
October 15, 2007	Filing 67 CERTIFICATE OF SERVICE by Apple Computer, Inc. re 65 Memorandum in Opposition, 66 Declaration in Support of Apple's Opposition To Podfitness' Motion To Stay Proceedings For Thirty Days (Miclean, David) (Filed on 10/15/2007)
October 15, 2007	Filing 66 Declaration of David J. Miclean in Support of 65 Memorandum in Opposition To Podfitness' Motion To Stay Proceedings For Thirty Days filed byApple Computer, Inc.. (Related document(s) 65 ) (Miclean, David) (Filed on 10/15/2007)
October 15, 2007	Filing 65 MEMORANDUM in Opposition re 64 Motion To Stay Proceedings For Thirty Days filed by Apple Computer, Inc.. (Miclean, David) (Filed on 10/15/2007) Modified on 10/16/2007 (jlm, COURT STAFF).
October 1, 2007	Filing 64 MOTION to Stay Proceedings for Thirty Days Pending Engagement of Substitute Counsel filed by Podfitness, Inc. Motion Hearing set for 11/6/2007 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Exhibit A-Declaration of Steven R. Hutchinson# 2 Proposed Order)(Veverka, Charles) (Filed on 10/1/2007) Modified on 10/16/2007 (jlm, COURT STAFF).
September 28, 2007	Filing 63 NOTICE OF SETTLEMENT CONFERENCE AND ORDER - Settlement Conference set for 4/30/2008 09:30 AM. Signed by Judge Elizabeth D. Laporte on 9/28/07. (lmh, COURT STAFF) (Filed on 9/28/2007)
September 27, 2007	Filing 62 DECLARATION of David J. Miclean in Opposition to 61 Notice, filed by Apple Computer, Inc.. (Related document(s) 61 ) (Miclean, David) (Filed on 9/27/2007) Modified on 9/28/2007 (jlm, COURT STAFF).
September 26, 2007	Filing 61 NOTICE and Submission of Declaration of Steven R. Hutchinson, VP of Business and Legal Affairs for Defendant Podfitness, Inc., Requesting a Temporary Stay in Light of Counsels' Motion to Withdraw, filed by Podfitness, Inc. (Attachments: # 1 Exhibit 1)(Veverka, Charles) (Filed on 9/26/2007) Modified on 9/27/2007 (jlm, COURT STAFF).
September 19, 2007	Filing 60 ANSWER TO COUNTERCLAIM 58 Answer to Amended Complaint, Counterclaim byApple Computer, Inc.. (Miclean, David) (Filed on 9/19/2007)
September 19, 2007	Filing 59 MOTION to Withdraw as Attorney filed by Podfitness, Inc.. (Attachments: # 1 Proposed Order)(Veverka, Charles) (Filed on 9/19/2007)
August 31, 2007	Filing 58 ANSWER to Amended Complaint, COUNTERCLAIM With Jury Demand against Apple Computer, Inc., filed by Podfitness, Inc.. (Veverka, Charles) (Filed on 8/31/2007) Modified on 9/4/2007 (jlm, COURT STAFF).
August 1, 2007	Filing 57 AMENDED COMPLAINT against all defendants. Filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V)(Abrams, Andrew) (Filed on 8/1/2007)
July 30, 2007	Filing 56 STIPULATION AND ORDER to Amend Plaintiff's Complaint. Signed by Judge ARMSTRONG on 7/30/07. (lrc, COURT STAFF) (Filed on 7/30/2007) Modified on 7/31/2007 (jlm, COURT STAFF).
July 6, 2007	Filing 55 Proposed Order re 50 Stipulation to Amend Plaintiff's Complaint by Apple Inc.. (Abrams, Andrew) (Filed on 7/6/2007) Modified on 7/9/2007 (jlm, COURT STAFF).
June 18, 2007	Filing 53 ORDER by Judge ARMSTRONG granting 52 Motion for Pro Hac Vice (lrc, COURT STAFF) (Filed on 6/18/2007)
June 13, 2007	Filing 51 ORDER, by Judge Joseph C. Spero, signed 6/13/7, granting 47 Motion to File Under Seal the Joint Meet and Confer Letter Brief. (klh, COURT STAFF) (Filed on 6/13/2007)
June 13, 2007	Filing 50 STIPULATION re 1 Complaint, to Amend Complaint by Apple Inc.. (Attachments: # 1 Exhibit A to Stipulation to Amend Complaint# 2 Exhibit A to Amended Complaint# 3 Exhibit B to Amended Complaint# 4 Exhibit C to Amended Complaint# 5 Exhibit D to Amended Complaint# 6 Exhibit E to Amended Complaint# 7 Exhibit F to Amended Complaint# 8 Exhibit G to Amended Complaint# 9 Exhibit H to Amended Complaint# 10 Exhibit I to Amended Complaint# 11 Exhibit J to Amended Complaint# 12 Exhibit K to Amended Complaint# 13 Exhibit L to Amended Complaint# 14 Exhibit M to Amended Complaint# 15 Exhibit N to Amended Complaint# 16 Exhibit O to Amended Complaint# 17 Exhibit P to Amended Complaint# 18 Exhibit Q to Amended Complaint# 19 Exhibit R to Amended Complaint# 20 Exhibit S to Amended Complaint# 21 Exhibit T to Amended Complaint# 22 Exhibit U to Amended Complaint# 23 Exhibit V to Amended Complaint# 24 Exhibit B to Stipulation to Amend Complaint)(Abrams, Andrew) (Filed on 6/13/2007)
June 12, 2007	Filing 49 CLERK'S NOTICE re: Plaintiff's and Defendant's Failure to E-File re 47 & 48 . (jlm, COURT STAFF) (Filed on 6/12/2007)
June 11, 2007	Filing 52 MOTION for leave to appear in Pro Hac Vice for Brett I. Johnson ( Filing fee $ 210, receipt number 44611000852.) filed by Podfitness, Inc.. (Attachments: # 1 Proposed Order)(jlm, COURT STAFF) (Filed on 6/11/2007)
June 8, 2007	Filing 54 Joint Meet and Confer Letter, *FILED UNDER SEAL BY ORDER OF THE COURT, PLEASE SEE DOCUMENT 51 * (jlm, COURT STAFF) (Filed on 6/8/2007) Modified on 6/21/2007 (jlm, COURT STAFF).
June 8, 2007	Filing 48 Declaration of Brett I. Johnson in Support of 47 MOTION to Seal filed byPodfitness, Inc.. (Related document(s) 47 ) (jlm, COURT STAFF) (Filed on 6/8/2007)
June 8, 2007	Filing 47 MOTION to File Under Seal the Joint Discovery Letter filed by Apple Inc., Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 6/8/2007)
June 8, 2007	Received Order re 47 MOTION to Seal by Apple Computer, Inc.. (jlm, COURT STAFF) (Filed on 6/8/2007)
June 8, 2007	Filing 46 STIPULATION AND ORDER TO FILE A JOINT DISCOVERY LETTER SIX DAYS AFTER THE IN-PERSON MEET AND CONFER. Signed by Judge Joseph C. Spero on 06/08/7. (klh, COURT STAFF) (Filed on 6/8/2007)
June 8, 2007	Filing 45 CERTIFICATE OF SERVICE Filed by Apple Computer, Inc. re 44 Letter Brief, 43 Notice of Manual Filing (Abrams, Andrew) (Filed on 6/8/2007) Modified on 6/11/2007 (jlm, COURT STAFF). Modified on 6/11/2007 (jlm, COURT STAFF).
June 8, 2007	Filing 44 Letter Brief Joint Meet and Confer - [REDACTED] Filed by Apple Computer, Inc. (Abrams, Andrew) (Filed on 6/8/2007) Modified on 6/11/2007 (jlm, COURT STAFF).
June 8, 2007	Filing 43 NOTICE of Manual Filing, Filed by Apple Computer, Inc. (Abrams, Andrew) (Filed on 6/8/2007) Modified on 6/11/2007 (jlm, COURT STAFF).
June 7, 2007	Filing 42 STIPULATION to File Joint Discovery Letter Six Days after Meet and Confer and Proposed Order by Apple Inc.. (Abrams, Andrew) (Filed on 6/7/2007) Modified on 6/8/2007 (jlm, COURT STAFF).
May 10, 2007	Filing 41 ORDER by Judge ARMSTRONG denying 31 Motion to Stay (lrc, COURT STAFF) (Filed on 5/10/2007)
April 24, 2007	Filing 40 Reply Memorandum re 31 MOTION to Stay filed by Podfitness, Inc.. (Aycock, Robert) (Filed on 4/24/2007) Modified on 4/25/2007 (jlm, COURT STAFF).
April 23, 2007	Filing 39 CERTIFICATION OF MEDIATION Session on 4/18/2007, case not settled, no follow up contemplated, mediation complete. Filed by Mediator, Kenneth C. Bryant, dated 4/19/2007. (af, COURT STAFF) (Filed on 4/23/2007)
April 17, 2007	Filing 38 Declaration of Andrew Abrams in Support of 37 Memorandum in Opposition to Defendants Motion to Stay filed byApple Inc.. (Attachments: # 1 Exhibit A to Declaration of Abrams# 2 Exhibit B to Declaration of Abrams# 3 Exhibit C to Declaration of Abrams)(Related document(s) 37 ) (Abrams, Andrew) (Filed on 4/17/2007)
April 17, 2007	Filing 37 MEMORANDUM in Opposition re 31 MOTION to Stay filed byApple Inc.. (Related document(s) 31 ) (Abrams, Andrew) (Filed on 4/17/2007)
April 16, 2007	Filing 36 STIPULATED ADDENDUM TO STIPULATED PROTECTIVE ORDER Re: Third-party discovery by Apple to Podfitnesses' business associates. Signed by Judge Joseph C. Spero on 04/16/07. (klh, COURT STAFF) (Filed on 4/16/2007)
April 13, 2007	Filing 35 Stipulated Addendum and Proposed Order re 27 Protective Order by Podfitness, Inc.. (Aycock, Robert) (Filed on 4/13/2007) Modified on 4/16/2007 (jlm, COURT STAFF).
April 9, 2007	Filing 34 ORDER Setting Hearing on Motion 31 MOTION to Stay: Motion Hearing set for 5/8/2007 01:00 PM.. Signed by Judge ARMSTRONG on 4/9/07. (lrc, COURT STAFF) (Filed on 4/9/2007)
April 4, 2007	Filing 33 STIPULATION re 31 MOTION to Stay to Continue Hearing and Proposed Order by Apple Inc.. (Miclean, David) (Filed on 4/4/2007)
March 12, 2007	Filing 32 Declaration of Mark W. Ford in Support of 31 MOTION to Stay filed byPodfitness, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Related document(s) 31 ) (Aycock, Robert) (Filed on 3/12/2007)
March 12, 2007	Filing 31 MOTION to Stay filed by Podfitness, Inc.. Motion Hearing set for 5/1/2007 01:00 PM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Proposed Order)(Aycock, Robert) (Filed on 3/12/2007)
March 9, 2007	Filing 30 Letter dated 3/9/2007 to counsel from Mediator, Ken Bryant. (af, COURT STAFF) (Filed on 3/9/2007)
March 9, 2007	Set/Reset Hearings: Mediation Hearing set for 4/18/2007 10:00 AM., the law offices of Fish & Richardson, 500 Arguello St., Suite 500, Redwood City, CA. (af, COURT STAFF) (Filed on 3/9/2007)
February 26, 2007	Filing 29 NOTICE OF REFERENCE AND ORDER RE: DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 2/26/7. (klh, COURT STAFF) (Filed on 2/26/2007)
February 14, 2007	Filing 28 Letter to counsel dated February 14, 2007 from Mediator, Ken Bryant. (af, COURT STAFF) (Filed on 2/14/2007)
February 9, 2007	Filing 27 STIPULATED PROTECTIVE ORDER. Signed by Judge Joseph C. Spero on 2/9/7. *NOTE: PLEASE SEE CHANGE ON PAGE 4, LINE 27*(klh, COURT STAFF) (Filed on 2/9/2007)
February 8, 2007	Filing 26 ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge ARMSTRONG on 2/8/07. (lrc, COURT STAFF) (Filed on 2/8/2007)
February 8, 2007	CASE REFERRED to Magistrate Judge Joseph C. Spero for Discovery (wh, COURT STAFF) (Filed on 2/8/2007)
February 2, 2007	Filing 25 STIPULATION and Proposed Protective Order filed by Apple Computer, Inc.. (Miclean, David) (Filed on 2/2/2007) Modified on 2/5/2007 (jlm, COURT STAFF). Modified on 2/5/2007 (jlm, COURT STAFF).
February 1, 2007	Filing 24 ADR Clerk's Notice Appointing Kenneth C. Bryant as Mediator dated 2/1/2007. (af, COURT STAFF) (Filed on 2/1/2007)
January 25, 2007	Filing 23 CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 12/14/2007. Jury Trial set for 6/23/2008 08:30 AM. Motions due by 4/15/2008. Pretrial Conference set for 6/10/2008 01:00 PM.. Signed by Judge ARMSTRONG on 1/25/07. (lrc, COURT STAFF) (Filed on 1/25/2007)
January 25, 2007	CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (wh, COURT STAFF) (Filed on 1/25/2007)
January 11, 2007	Filing 21 ORDER by Judge Saundra Brown Armstrong GRANTING 15 Motion for Pro Hac Vice for Mark W. Ford (jlm, COURT STAFF) (Filed on 1/11/2007) Additional attachment(s) added on 1/17/2007 (jlm, COURT STAFF).
January 11, 2007	Filing 20 ORDER by Judge Saundra Brown Armstrong GRANTING 14 Motion for Pro Hac Vice for Larry R. Laycock (jlm, COURT STAFF) (Filed on 1/11/2007) Modified on 1/17/2007 (jlm, COURT STAFF). Additional attachment(s) added on 1/17/2007 (jlm, COURT STAFF).
January 11, 2007	Filing 19 ORDER by Judge Saundra Brown Armstrong GRANTING 13 Motion for Pro Hac Vice for Charles J. Veverka (jlm, COURT STAFF) (Filed on 1/11/2007) Additional attachment(s) added on 1/17/2007 (jlm, COURT STAFF).
January 11, 2007	Filing 18 ORDER by Judge Saundra Brown Armstrong GRANTING 16 Motion for Pro Hac Vice for Robert E. Aycock (jlm, COURT STAFF) (Filed on 1/11/2007) Additional attachment(s) added on 1/17/2007 (jlm, COURT STAFF).
January 10, 2007	CASE REFERRED to Mediation. (jlm, COURT STAFF) (Filed on 1/10/2007) Modified on 1/26/2007 (kk, COURT STAFF).
January 10, 2007	Filing 22 Minute Entry: Initial Case Management Conference held on 1/10/2007 before JUDGE ARMSTRONG (Date Filed: 1/10/2007). () (lrc, COURT STAFF) (Date Filed: 1/10/2007)
January 10, 2007	Filing 17 Certificate of Interested Entities or Persons filed by Podfitness, Inc. (Farmer, William) (Filed on 1/10/2007) Modified on 1/11/2007 (jlm, COURT STAFF).
January 9, 2007	Filing 16 MOTION for leave to appear in Pro Hac Vice for Robert E. Aycock filed by Podfitness, Inc. Fees paid, receipt no. 44611000158. (Attachments: # 1 Proposed Order)(Farmer, William) (Filed on 1/9/2007) Additional attachment(s) added on 1/10/2007 (jlm, COURT STAFF). Modified on 1/10/2007 (jlm, COURT STAFF).
January 9, 2007	Filing 15 MOTION for leave to appear in Pro Hac Vice for Mark W. Ford filed by Podfitness, Inc. Fees paid, receipt no. 44611000158. (Attachments: # 1 Proposed Order)(Farmer, William) (Filed on 1/9/2007) Additional attachment(s) added on 1/10/2007 (jlm, COURT STAFF). Modified on 1/10/2007 (jlm, COURT STAFF).
January 9, 2007	Filing 14 MOTION for leave to appear in Pro Hac Vice for Larry R. Laycock filed by Podfitness, Inc. Fees paid, receipt no. 44611000158. (Attachments: # 1 Proposed Order)(Farmer, William) (Filed on 1/9/2007) Additional attachment(s) added on 1/10/2007 (jlm, COURT STAFF). Modified on 1/10/2007 (jlm, COURT STAFF).
January 9, 2007	Filing 13 MOTION for leave to appear in Pro Hac Vice for Charles J. Veverka filed by Podfitness, Inc.. Fees paid, receipt no. 44611000158. (Attachments: # 1 Proposed Order)(Farmer, William) (Filed on 1/9/2007) Additional attachment(s) added on 1/10/2007 (jlm, COURT STAFF). Modified on 1/10/2007 (jlm, COURT STAFF).
January 3, 2007	Filing 12 STIPULATION AND ORDER TO EXTEND TIME FOR EXCHANGE OF INITIAL DISCLOSURES. Signed by Judge ARMSTRONG on 12/28/06. (lrc, COURT STAFF) (Filed on 1/3/2007)
January 2, 2007	Filing 11 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Apple Computer, Inc.. (Miclean, David) (Filed on 1/2/2007)
December 21, 2006	Filing 10 STIPULATION and [Proposed] Order To Extend Time For Exchange Of Initial Disclosures by Apple Computer, Inc.. (Miclean, David) (Filed on 12/21/2006)
December 20, 2006	Filing 9 STIPULATION and Proposed Order selecting Mediation by Apple Computer, Inc. and Podfitness, Inc. (Miclean, David) (Filed on 12/20/2006)
December 20, 2006	Filing 8 ADR Certification (ADR L.R. 3-5b) of discussion of ADR options By Parties and Counsel (Miclean, David) (Filed on 12/20/2006)
November 13, 2006	Filing 7 ANSWER to Complaint byPodfitness, Inc.. (Attachments: # 1 Exhibit 1)(Farmer, William) (Filed on 11/13/2006)
October 20, 2006	Filing 6 STIPULATION Extending The Time For Defendant to Answer Or Otherwise Respond to Plaintiff's Complaint by Podfitness, Inc.. (Farmer, William) (Filed on 10/20/2006)
October 12, 2006	Filing 5 CERTIFICATE OF SERVICE by Apple Computer, Inc. (Miclean, David) (Filed on 10/12/2006)
October 5, 2006	Filing 4 CLERK'S NOTICE Case Management Conference set for 1/10/2007 03:30 PM. VIA TELEPHONE. Case Management Statement due by 1/2/2007. (lrc, COURT STAFF) (Filed on 10/5/2006)
September 21, 2006	Filing 3 NOTICE of Disclosure Statement by Apple Computer, Inc. (jlm, COURT STAFF) (Filed on 9/21/2006) Additional attachment(s) added on 9/26/2006 (jlm, COURT STAFF).
September 21, 2006	Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 12/12/2006. Case Management Conference set for 12/20/2006 03:00 PM. (Attachments: # 1 Standing Order - SBA)(jlm, COURT STAFF) (Filed on 9/21/2006) Additional attachment(s) added on 9/25/2006 (jlm, COURT STAFF).
September 21, 2006	Filing 1 COMPLAINT With Jury Demand against Podfitness, Inc. ( Filing fee $ 350, receipt number 3390275.). Filed byApple Computer, Inc.. (jlm, COURT STAFF) (Filed on 9/21/2006) Additional attachment(s) added on 9/26/2006 (jlm, COURT STAFF). Additional attachment(s) added on 9/29/2006 (jlm, COURT STAFF).
September 21, 2006	CASE DESIGNATED for Electronic Filing. (jlm, COURT STAFF) (Filed on 9/21/2006)
September 21, 2006	REPORT on the filing of an action regarding TRADEMARK INFRINGEMENT (cc: form mailed to register). (jlm, COURT STAFF) (Filed on 9/21/2006)
September 21, 2006	Summons Issued as to Podfitness, Inc.. (jlm, COURT STAFF) (Filed on 9/21/2006)

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Search for this case: Apple Computer, Inc. v. Podfitness, Inc.
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Plaintiff: Apple Computer, Inc.
Represented By:	Charles J. Veverka
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Defendant: Podfitness, Inc.
Represented By:	James Matthew Wagstaffe
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Counter-claimant: Podfitness, Inc.
Represented By:	James Matthew Wagstaffe
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Counter-defendant: Apple Computer, Inc.
Represented By:	David James Miclean
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