Acceleration Bay LLC v. Take-Two Interactive Software

Justia Dockets & Filings Federal Circuit U.S. Court of Appeals, Federal Circuit Acceleration Bay LLC v. Take-Two Interactive Software

Acceleration Bay LLC v. Take-Two Interactive Software

Defendant / Cross Appellant:	ROCKSTAR GAMES, INC., 2K SPORTS, INC. and TAKE-TWO INTERACTIVE SOFTWARE, INC.
Plaintiff / Appellant:	ACCELERATION BAY LLC
Case Number:	20-1700
Filed:	April 14, 2020
Court:	U.S. Court of Appeals, Federal Circuit
Nature of Suit:	Patent Infringement (Fed. Question)

Opinions

We have the following opinions for this case:

Date Filed	Description
October 4, 2021	Acceleration Bay LLC v. 2K Sports, Inc.

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Docket Report

This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 10, 2021	Filing 62 Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [811402] [MJL] [Entered: 11/10/2021 08:48 AM]
October 4, 2021	Filing 61 JUDGMENT. DISMISSED-IN-PART AND AFFIRMED-IN-PART. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . Service as of this date by the Clerk of Court. [803279] [MJL] [Entered: 10/04/2021 10:22 AM]
October 4, 2021	Filing 60 OPINION filed for the court by Moore, Chief Judge; Reyna, Circuit Judge and Hughes, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [803278] [MJL] [Entered: 10/04/2021 10:21 AM]
March 3, 2021	Filing 59 Submitted after ORAL ARGUMENT to Panel: Moore, Circuit Judge; Reyna, Circuit Judge and Hughes, Circuit Judge. Arguing counsel: Mr. Aaron M. Frankel for Acceleration Bay LLC and Michael A. Tomasulo for Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. Oral Argument Audio available # here . [759786] [JCP] [Entered: 03/03/2021 12:53 PM]
February 19, 2021	Filing 58 Corrected Response to notice of oral argument from Appellees Take-Two Interactive Software, Inc., 2K Sports, Inc. and Rockstar Games, Inc.. Service: 02/19/2021 by email. [757301] [20-1700] [Michael Tomasulo] [Entered: 02/19/2021 10:29 AM]
February 19, 2021	Filing 57 NOTICE OF NON-COMPLIANCE: The submission of 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc., Response to Notice of Oral Argument [ # 55 ], is not in compliance with the rules of this court (see attached). Compliant document due 02/26/2021. Service as of this date by the Clerk of Court. [757280] [MJL] [Entered: 02/19/2021 09:38 AM]
February 17, 2021	Filing 56 Clerk's letter to Appellant Acceleration Bay LLC and Appellees 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [756915] [JCP] [Entered: 02/17/2021 07:11 PM]
February 16, 2021	Filing 55 Response to notice of oral argument from Appellees Take-Two Interactive Software, Inc., 2K Sports, Inc. and Rockstar Games, Inc.. Service: 02/16/2021 by email. [756303] [20-1700]. This document is non-compliant. See Doc. No. [ # 57 ]. [Geoffrey Eaton] [Entered: 02/16/2021 02:08 PM]
February 16, 2021	Filing 54 Response to notice of oral argument from Appellant Acceleration Bay LLC. Service: 02/16/2021 by clerk. [756246] [20-1700] [Aaron Frankel] [Entered: 02/16/2021 12:56 PM]
January 21, 2021	Filing 53 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2103H. Case scheduled March 3, 2021. Response to Notice of Oral Argument due: 02/16/2021. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . Service as of this date by the Clerk of Court. [750747] [MJL] [Entered: 01/21/2021 05:14 PM]
January 12, 2021	Filing 52 The following conflict dates submitted by Michael A. Tomasulo for Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. have been accepted by the court: 07/06/2021, 07/07/2021, 07/08/2021, 07/09/2021. [748769] [JAB] [Entered: 01/12/2021 01:37 PM]
January 12, 2021	Filing 50 Notice from Appellees 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. regarding conflicts with oral argument. Service: 01/12/2021 by email. [748744] [20-1700] [Geoffrey Eaton] [Entered: 01/12/2021 12:28 PM]
January 11, 2021	Filing 51 6 paper copies of Doc. No. [ # 28 ], [ # 43 ], [ # 44 ] received from Appellant Acceleration Bay LLC. [748763] [VDW] [Entered: 01/12/2021 01:32 PM]
January 11, 2021	Filing 49 The following conflict dates submitted by Paul J. Andre for Acceleration Bay LLC have been accepted by the court: 03/02/2021, 04/05/2021, 06/10/2021, 06/11/2021, 07/06/2021, 07/07/2021, 07/08/2021, 07/09/2021. [748484] [JAB] [Entered: 01/11/2021 03:46 PM]
January 11, 2021	Filing 47 Notice from Appellant Acceleration Bay LLC regarding conflicts with oral argument. Service: 01/11/2021 by email. [748442] [20-1700] [Paul Andre] [Entered: 01/11/2021 03:01 PM]
January 8, 2021	Filing 48 6 paper copies of Doc. No. [ # 34 ] received from Appellees 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. [748475] [VDW] [Entered: 01/11/2021 03:39 PM]
January 4, 2021	Filing 46 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [746609] [EKD] [Entered: 01/04/2021 03:28 PM]
January 4, 2021	Filing 45 Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before January 11, 2021. See Administrative Order No. 20-01 (Mar. 20, 2020). [746606] [EKD] [Entered: 01/04/2021 03:26 PM]
December 22, 2020	Filing 44 MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Acceleration Bay LLC and Appellees 2K Sports, Inc., Rockstar Games, Inc., and Take-Two Interactive Software, Inc. Service: 12/22/2020 by clerk. [744754] --[Edited 12/23/2020 by EKD - compliance review complete] [Paul Andre] [Entered: 12/22/2020 01:50 PM]
December 22, 2020	Filing 43 MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant Acceleration Bay LLC. Service: 12/22/2020 by clerk. [744750] --[Edited 12/23/2020 by EKD - compliance review complete] [Paul Andre] [Entered: 12/22/2020 01:47 PM]
December 22, 2020	Filing 42 NOTICE OF NON-COMPLIANCE: The submissions of Appellant Acceleration Bay LLC, Reply Brief and Appendix [ # 38 ], [ # 39 ], are not in compliance with the rules of this court (see attached). Compliant documents are due on 12/31/2020. Service as of this date by the Clerk of Court. [744667] [EKD] [Entered: 12/22/2020 11:53 AM]
December 16, 2020	Filing 41 Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Acceleration Bay LLC. Service: 12/16/2020 by clerk. [743264] [20-1700] [Paul Andre] [Entered: 12/16/2020 03:50 PM]
December 16, 2020	Filing 40 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellees 2K Sports, Inc., Rockstar Games, Inc., Take-Two Interactive Software, Inc. and Appellant Acceleration Bay LLC. Service: 12/16/2020 by clerk. [743261] [20-1700] [Paul Andre] [Entered: 12/16/2020 03:49 PM]
December 16, 2020	Filing 39 APPENDIX FILED by Appellees 2K Sports, Inc., Rockstar Games, Inc., Take-Two Interactive Software, Inc. and Appellant Acceleration Bay LLC. Service: 12/16/2020 by clerk. [743260] [20-1700] This document is non-compliant. See Doc No. [ # 42 ] [Paul Andre] [Entered: 12/16/2020 03:47 PM]
December 9, 2020	Filing 38 REPLY BRIEF FILED by Appellant Acceleration Bay LLC. Service: 12/09/2020 by clerk. [741654] [20-1700] This document is non-compliant. See Doc No. [ # 42 ] [Paul Andre] [Entered: 12/09/2020 08:35 PM]
October 2, 2020	Filing 37 TEXT ONLY ORDER. Appellant's reply brief is due no later than December 9, 2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [726241] [LMN] [Entered: 10/02/2020 03:56 PM]
October 2, 2020	Filing 36 ORDER granting motion to dismiss appeal pursuant to FRAP 42(b) [ # 35 ] filed by Cross-Appellants Take-Two Interactive Software, Inc., Rockstar Games, Inc. and 2K Sports, Inc. in 20-1700; voluntarily dismissing appeal pursuant to FRAP 42(b). in 20-1725; issuing mandate in 20-1725; modifying the official caption in 20-1700. The revised official caption is reflected in the order. Service as of this date by the Clerk of Court. [726201] [20-1700, 20-1725] [LMN] [Entered: 10/02/2020 02:35 PM]
September 30, 2020	Filing 35 MOTION of Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. to voluntarily dismiss appeal pursuant to FRAP 42(b). [Consent: unopposed]. Service: 09/30/2020 by email. [725635] [20-1700] [Geoffrey Eaton] [Entered: 09/30/2020 05:05 PM]
September 30, 2020	Filing 34 MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellees 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. Service: 09/30/2020 by email. [725595] --[Edited 10/02/2020 by LMN - compliance review complete] [Geoffrey Eaton] [Entered: 09/30/2020 03:42 PM]
September 23, 2020	Filing 33 ORDER filed denying [ # 30 ] the motion. Service as of this date by the Clerk of Court. [723909] [LMS] [Entered: 09/23/2020 10:32 AM]
August 31, 2020	Filing 32 REPLY of Cross-Appellants Rockstar Games, Inc., Take-Two Interactive Software, Inc. and 2K Sports, Inc. to response [ # 31 ]. Service: 08/31/2020 by email. [718642] [20-1700] [Michael Tomasulo] [Entered: 08/31/2020 07:03 PM]
August 24, 2020	Filing 31 RESPONSE of Appellant Acceleration Bay LLC to the motion [ # 30 ], motion [ # 30 ]. Service: 08/24/2020 by clerk. [717169] [20-1700] [Paul Andre] [Entered: 08/24/2020 05:49 PM]
August 12, 2020	Filing 30 MOTION of Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. to waive the requirements of Fed. Cir. R. 27(f), Partially Dismiss for Lack of Jurisdiction [Consent: opposed]. Service: 08/12/2020 by email. [714475] [20-1700] [Michael Tomasulo] [Entered: 08/12/2020 03:32 PM]
July 22, 2020	Filing 29 Amended Certificate of Interest for Appellant Acceleration Bay LLC. Service: 07/22/2020 by email. [709435] [20-1700] [Paul Andre] [Entered: 07/22/2020 10:47 PM]
July 22, 2020	Filing 28 MODIFIED ENTRY: OPENING BRIEF FILED for Appellant Acceleration Bay LLC. Number of Pages: 43. Service: 07/22/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [709434] --[Edited 07/23/2020 by LMN - compliance review complete] [Paul Andre] [Entered: 07/22/2020 10:45 PM]
July 21, 2020	Filing 27 Entry of appearance for Cristina Martinez as counsel for Appellant Acceleration Bay LLC. Service: 07/21/2020 by email. [709075] [20-1700] [Cristina Martinez] [Entered: 07/21/2020 05:59 PM]
May 13, 2020	Filing 26 ORDER granting [ # 25 ] the motion. Appellant's opening brief is due no later than July 22, 2020. (see order for briefing schedule details) Service as of this date by the Clerk of Court. [694335] [LMS] [Entered: 05/13/2020 03:59 PM]
May 8, 2020	Filing 25 MOTION of Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. to extend the time to 07/22/2020 to file the Appellant's Opening Brief., to extend the time to 09/30/2020 to file Response/Reply [Consent: unopposed]. Service: 05/08/2020 by email. [693226] [20-1700] [Michael Tomasulo] [Entered: 05/08/2020 02:14 PM]
April 29, 2020	Filing 24 REMINDER : Attorneys Enzminger, Campbell, and Eaton are reminded that the information on the Entry of Appearance (EOA) and the information in the user account must match. Please promptly update the EOA or the account information on www.pacer.gov. [690756] [LMN] [Entered: 04/29/2020 09:28 AM]
April 29, 2020	Filing 23 Corrected Entry of appearance for Lisa Kobialka as of counsel for Appellant Acceleration Bay LLC. Service: 04/29/2020 by email. [690713] [20-1700] [Lisa Kobialka] [Entered: 04/29/2020 12:24 AM]
April 29, 2020	Filing 22 Corrected Entry of appearance for James R. Hannah as of counsel for Appellant Acceleration Bay LLC. Service: 04/29/2020 by email. [690712] [20-1700] [James Hannah] [Entered: 04/29/2020 12:20 AM]
April 29, 2020	Filing 21 Corrected Entry of appearance for Aaron Frankel as of counsel for Appellant Acceleration Bay LLC. Service: 04/29/2020 by email. [690711] [20-1700] [Aaron Frankel] [Entered: 04/29/2020 12:15 AM]
April 29, 2020	Filing 20 Corrected Docketing Statement for the Appellant Acceleration Bay LLC. Service: 04/29/2020 by email. [690710] [20-1700] [Paul Andre] [Entered: 04/29/2020 12:11 AM]
April 29, 2020	Filing 19 Corrected Certificate of Interest for Appellant Acceleration Bay LLC. Service: 04/28/2020 by email. [690709] [20-1700] [Paul Andre] [Entered: 04/29/2020 12:06 AM]
April 29, 2020	Filing 18 Corrected Entry of appearance for Paul J. Andre as principal counsel for Appellant Acceleration Bay LLC. Service: 04/28/2020 by email. [690708] [20-1700] [Paul Andre] [Entered: 04/29/2020 12:04 AM]
April 28, 2020	Filing 17 Corrected Certificate of Service filed by Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc. to Doc No. [ # 16 ], Doc No. [ # 15 ], Doc No. [ # 14 ], Doc No. [ # 13 ], Doc No. [ # 12 ], Doc No. [ # 11 ]. Service: 04/28/2020 by email. [690667] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:56 PM]
April 28, 2020	Filing 16 Docketing Statement for the Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690664] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:54 PM]
April 28, 2020	Filing 15 Certificate of Interest for Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690662] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:53 PM]
April 28, 2020	Filing 14 Entry of appearance for Geoffrey Eaton as of counsel for Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690660] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:52 PM]
April 28, 2020	Filing 13 Entry of appearance for Louis Campbell as of counsel for Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690658] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:50 PM]
April 28, 2020	Filing 12 Entry of appearance for David Enzminger as of counsel for Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690655] [20-1700] [Geoffrey Eaton] [Entered: 04/28/2020 05:49 PM]
April 28, 2020	Filing 11 Entry of appearance for Michael Tomasulo as principal counsel for Cross-Appellants 2K Sports, Inc., Rockstar Games, Inc. and Take-Two Interactive Software, Inc.. Service: 04/28/2020 by email. [690652] [20-1700] [Michael Tomasulo] [Entered: 04/28/2020 05:46 PM]
April 28, 2020	Filing 10 NOTICE OF NON-COMPLIANCE: The submission of Appellant Acceleration Bay LLC, Entries of Appearance, Docketing Statement, and Certificate of Interest [ # 4 ], [ # 5 ], [ # 6 ], [ # 7 ], [ # 8 ], [ # 9 ], is not in compliance with the rules of this court (see attached). Compliant documents are due on 05/05/2020. Service as of this date by the Clerk of Court. [690432] [LMN] [Entered: 04/28/2020 09:17 AM]
April 27, 2020	Filing 9 Entry of appearance for Aaron Frankel as of counsel for Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690349] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [Aaron Frankel] [Entered: 04/27/2020 04:11 PM]
April 27, 2020	Filing 8 Entry of appearance for James Hannah as of counsel for Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690333] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [James Hannah] [Entered: 04/27/2020 03:53 PM]
April 27, 2020	Filing 7 Entry of appearance for Lisa Kobialka as of counsel for Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690328] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [Lisa Kobialka] [Entered: 04/27/2020 03:50 PM]
April 27, 2020	Filing 6 Docketing Statement for the Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690325] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [Paul Andre] [Entered: 04/27/2020 03:46 PM]
April 27, 2020	Filing 5 Certificate of Interest for Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690322] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [Paul Andre] [Entered: 04/27/2020 03:45 PM]
April 27, 2020	Filing 4 Entry of appearance for Paul J. Andre as principal counsel for Appellant Acceleration Bay LLC. Service: 04/27/2020 by email. [690317] [20-1700] This document is non-compliant. See Doc No.[ # 10 ] [Paul Andre] [Entered: 04/27/2020 03:41 PM]
April 21, 2020	Filing 3 Official caption revised to reflect cross-appeal. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [688779] [LMN] [Entered: 04/21/2020 02:31 PM]
April 21, 2020	Filing 2 Note to file: The following cases are associated: 20-1700 Lead with 20-1725 Cross-Appeal. FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [688774] [20-1700, 20-1725] [LMN] [Entered: 04/21/2020 02:26 PM]
April 14, 2020	Filing 1 Appeal docketed. Received: 04/08/2020. [686739] Entry of Appearance is due 04/28/2020. Certificate of Interest is due on 04/28/2020. Docketing Statement is due 04/28/2020. Appellant's brief is due 06/15/2020. [LMN] [Entered: 04/14/2020 11:13 AM]

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Search for this case: Acceleration Bay LLC v. Take-Two Interactive Software
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Defendant / cross appellant: ROCKSTAR GAMES, INC.
Represented By:	Michael A. Tomasulo
Represented By:	Geoffrey P. Eaton
Represented By:	Louis Campbell
Represented By:	David P. Enzminger
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Defendant / cross appellant: 2K SPORTS, INC.
Represented By:	Michael A. Tomasulo
Represented By:	Geoffrey P. Eaton
Represented By:	Louis Campbell
Represented By:	David P. Enzminger
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Defendant / cross appellant: TAKE-TWO INTERACTIVE SOFTWARE, INC.
Represented By:	Michael A. Tomasulo
Represented By:	Geoffrey P. Eaton
Represented By:	Louis Campbell
Represented By:	David P. Enzminger
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Plaintiff / appellant: ACCELERATION BAY LLC
Represented By:	Philip A. Rovner
Represented By:	Lisa Kobialka
Represented By:	James R. Hannah Esq.
Represented By:	Aaron M. Frankel
Represented By:	Paul J. Andre
Represented By:	Cristina Martinez Esq.
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