ZapFraud, Inc. v. Barracuda Networks, Inc.
| ZapFraud, Inc. |
| Barracuda Networks, Inc. and Barracuda Holdings, LLC |
| 1:2019cv01687 |
| September 10, 2019 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.
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Filing 64
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,277,628 B1; US 10,609,073 B2. (Attachments: #1 Notice of Dismissal (D.I. 63))(kmd)
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Filing 63
NOTICE of Voluntary Dismissal by ZapFraud, Inc. (Farnan, Michael)
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CASE CLOSED per D.I. #63 . Signed by Judge Colm F. Connolly on 10/4/2021. (kmd)
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Filing 62
NOTICE of Withdrawal of Counsel (Andrew M. Moshos) by Barracuda Networks, Inc. (Moshos, Andrew)
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ORAL ORDER FOR STATUS REPORT:( Status Report due by 10/4/2021.) Ordered by Judge Colm F. Connolly on 9/2/2021. (nmf)
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Filing 61
SO ORDERED, re #60 Stipulation Staying Case filed by ZapFraud, Inc., Case stayed. Signed by Judge Colm F. Connolly on 4/13/2021. (fms)
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Filing 60
STIPULATION Staying Case by ZapFraud, Inc.. (Farnan, Brian)
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SO ORDERED, re #59 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Second Amended Complaint (D.I. 37) to April 21, 2021 filed by Barracuda Networks, Inc. Set/Reset Answer Deadlines: Barracuda Networks, Inc. answer due 4/21/2021. Signed by Judge Colm F. Connolly on 4/7/2021. (fms)
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Filing 59
STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Second Amended Complaint (D.I. 37) to April 21, 2021 - filed by Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 58
ORDER ADOPTING IN PART AND REJECTING IN PART #52 REPORT AND RECOMMENDATIONS re: #39 Motion to Dismiss. Signed by Judge Colm F. Connolly on 3/24/2021. (nmf)
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Filing 57
MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 3/24/2021. (nmf)
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Filing 56
RESPONSE TO OBJECTIONS by ZapFraud, Inc. re #54 Objections, . (Farnan, Brian) (Main Document 56 replaced on 10/20/2020) (nmf, ).
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CORRECTING ENTRY: The pdf of the Response to Objections filed at D.I. #56 has been replaced with a corrected version per request of counsel. The Declaration previously filed at D.I. 57 has been removed per request of counsel. (nmf)
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Filing 55
STATEMENT re #54 Objections, Certification re: Barracuda Networks, Inc.'s Objections to the September 22, 2020 Report and Recommendation (D.I. 54) -- by Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 54
OBJECTIONS by Barracuda Networks, Inc. to #52 REPORT AND RECOMMENDATIONS re #39 Amended MOTION to Dismiss for Failure to State a Claim and [Proposed] Order of D.I. 15 Motion to Dismiss filed by Barracuda Networks, Inc.. Please note that when filing Objections pursuant to Federal Rule . (Flynn, Michael)
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Pro Hac Vice Attorney David Xue for Barracuda Networks, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
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Filing 53
Official Transcript of motion hearing held on September 18, 2020 before Judge Burke. Court Reporter/Transcriber Valerie Gunning,Email: Valerie_Gunning@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/15/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/23/2020. (vjg)
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Filing 52
REPORT AND RECOMMENDATIONS regarding D.I. #39 Amended MOTION to Dismiss for Failure to State a Claim and [Proposed] Order of D.I. 15 Motion to Dismiss filed by Barracuda Networks, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/6/2020. Signed by Judge Christopher J. Burke on 9/22/2020. (mlc)
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Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/18/2020 regarding D.I. #39 Amended MOTION to Dismiss for Failure to State a Claim filed by Barracuda Networks, Inc. The Court heard the parties' arguments regarding Defendant's Motion to Dismiss. The Court took the matter under advisement. (Court Reporter Valerie Gunning. Clerk: Sforza, Kevin) APPEARANCES: M. Farnan, J. McDavit, W. Yau and W. Xu. for Plaintiff; M. Flynn and K. Kachatourian for Defendant. (mlc)
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Filing 51
MOTION for Pro Hac Vice Appearance of Attorney David Xue - filed by Barracuda Networks, Inc.. (Flynn, Michael)
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SO ORDERED, re #51 MOTION for Pro Hac Vice Appearance of Attorney David Xue filed by Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 9/15/2020. (nmf)
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Filing 50
NOTICE of Change of Address for Rimon, P.C. by Barracuda Networks, Inc. (Flynn, Michael)
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Filing 49
ORAL ORDER: The Court, having reviewed the parties' September 4, 2020 letter regarding the September 18, 2020, hearing, HEREBY ADOPTS the parties' proposal. Ordered by Judge Christopher J. Burke on 9/4/2020. (dlb)
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Filing 48
ORAL ORDER: In anticipation of the oral argument scheduled for September 18, 2020, the Court HEREBY ORDERS that by September 8, 2020, Defendants in each case shall file with the Court two courtesy copies of each of the relevant briefs (plus all supporting exhibits). Ordered by Judge Christopher J. Burke on 9/4/2020. Associated Cases: 1:19-cv-01687-CFC-CJB, 1:19-cv-01688-CFC, 1:19-cv-01690-CFC, 1:19-cv-01691-CFC(dlb)
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Filing 47
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding September 18, 2020 Hearing. (Farnan, Brian)
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Filing 46
NOTICE of Subsequent Authority by Barracuda Networks, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moshos, Andrew)
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Filing 45
ORAL ORDER Setting Hearing on Motion: The Court, having considered the parties' requests for oral argument on the pending motions to dismiss, (D.I. #43 in Civil Action No. 19-1687-CFC-CJB; D.I. #36 in Civil Action No. 19-1688-CFC; D.I. #37 and #38 in Civil Action No. 19-1690-CFC; D.I. #36 and #37 in Civil Action No. 19-1691-CFC), HEREBY ORDERS as follows: (1) Oral argument on the pending motions to dismiss, (D.I. #39 in Civil Action No. 19-1687-CFC-CJB; D.I. #31 in Civil Action No. 19-1688-CFC; D.I. #31 in Civil Action No. 19-1690-CFC; and D.I. #31 in Civil Action No. 19-1691-CFC) will be held on Friday, 9/18/2020 from 11:00 AM to 2:00 PM before Judge Christopher J. Burke via the Skype for Business platform. (2) By no later than September 4, 2020, the parties in these cases shall submit to the Court a joint letter proposing time allocations for argument as to the respective motions and the appropriate order of argument for the motions. (3) By no later than September 15, 2020, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing. (4) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo. Ordered by Judge Christopher J. Burke on 7/31/2020. Associated Cases: 1:19-cv-01687-CFC-CJB, 1:19-cv-01688-CFC, 1:19-cv-01690-CFC, 1:19-cv-01691-CFC(mlc)
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Filing 44
MEMORANDUM ORDER re D.I. #21 MOTION to Transfer Case to Northern District of California filed by Barracuda Networks, Inc. Signed by Judge Christopher J. Burke on 7/28/2020. (dlb)
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Filing 43
Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Oral Argument on Pending Motions. (Farnan, Brian)
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Filing 42
STATEMENT re #39 Amended MOTION to Dismiss for Failure to State a Claim and [Proposed] Order of D.I. 15 Motion to Dismiss Zapfraud, Inc.'s Supplemental Brief In Opposition to Barracuda Networks, Inc.'s Motion to Dismiss by ZapFraud, Inc.. (Attachments: #1 Exhibit 1, #2 Certification of Compliance)(Farnan, Brian)
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CORRECTING ENTRY: Case referred to Judge Hall for mediation in error. Referral removed from the docket. (cak)
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Filing 41
ORDER REFERRING MOTION: #39 Amended MOTION to Dismiss for Failure to State a Claim and [Proposed] Order of D.I. 15 Motion to Dismiss filed by Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 5/18/2020. Motions referred to Magistrate Judge Christopher J. Burke.(nmf)
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Filing 40
Supplemental REPLY BRIEF re #15 MOTION to Dismiss for Failure to State a Claim filed by Barracuda Networks, Inc.. (Moshos, Andrew)
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Filing 39
Amended MOTION to Dismiss for Failure to State a Claim and [Proposed] Order of D.I. 15 Motion to Dismiss - filed by Barracuda Networks, Inc.. (Moshos, Andrew)
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Filing 38
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,277,628 B1 ;US 10,609,073 B2 . (Farnan, Brian)
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Filing 37
Second AMENDED COMPLAINT against Barracuda Networks, Inc.- filed by ZapFraud, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian)
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SO ORDERED, re #36 MOTION to Amend/Correct #9 Amended Complaint [UNOPPOSED] filed by ZapFraud, Inc. (1) ZapFraud's Unopposed Motion for Leave to File a Second Amended Complaint is granted; (2) ZapFraud shall file the Second Amended Complaint within two days of this order; (3) Each party shall submit a five-page brief to supplement the existing briefs with respect to Barracudas motion to dismiss for failure to state a claim (D.I. 15) according to the schedule in the proposed order. Ordered by Judge Colm F. Connolly on 4/24/2020. (fms)
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Filing 36
MOTION to Amend/Correct #9 Amended Complaint [UNOPPOSED] - filed by ZapFraud, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Rule 7.1.1 Certification)(Farnan, Brian)
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Filing 35
STIPULATION and [Proposed] Order to Amend Caption by Barracuda Networks, Inc.. (Flynn, Michael)
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SO ORDERED, re #35 Stipulation to Amend Caption filed by Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 3/31/2020. (fms)
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Filing 34
NOTICE of Withdrawal of Counsel (Jeffrey J. Lyons) by Barracuda Networks, Inc. (Lyons, Jeffrey)
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Filing 33
NOTICE of Subsequent Authority by Barracuda Networks, Inc. re #21 MOTION to Transfer Case to Northern District of California (Attachments: #1 Exhibit A)(Lyons, Jeffrey)
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Filing 32
REQUEST for Oral Argument by Barracuda Networks, Inc. re #21 MOTION to Transfer Case to Northern District of California. (Lyons, Jeffrey)
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Filing 31
REPLY BRIEF re #15 MOTION to Dismiss for Failure to State a Claim filed by Barracuda Holdings, LLC, Barracuda Networks, Inc.. (Lyons, Jeffrey)
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Filing 30
REPLY BRIEF re #21 MOTION to Transfer Case to Northern District of California filed by Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 29
DECLARATION re #27 Answering Brief in Opposition of Bjorn Markus Jakobsson by ZapFraud, Inc.. (Farnan, Brian)
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Filing 28
DECLARATION re #27 Answering Brief in Opposition of Jonas McDavit by ZapFraud, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Farnan, Brian)
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Filing 27
ANSWERING BRIEF in Opposition re #21 MOTION to Transfer Case to Northern District of California filed by ZapFraud, Inc..Reply Brief due date per Local Rules is 1/17/2020. (Farnan, Brian)
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Filing 26
ANSWERING BRIEF in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by ZapFraud, Inc..Reply Brief due date per Local Rules is 1/14/2020. (Attachments: #1 Certificate of Compliance)(Farnan, Brian)
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Filing 25
ORDER REFERRING MOTION: #21 MOTION to Transfer Case to Northern District of California filed by Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 12/30/2019. Motion referred to Christopher J. Burke.(fms)
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Filing 24
DECLARATION re #21 MOTION to Transfer Case to Northern District of California of Diane Honda by Barracuda Networks, Inc.. (Lyons, Jeffrey)
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Filing 23
DECLARATION re #21 MOTION to Transfer Case to Northern District of California of Karineh Khachatourian by Barracuda Networks, Inc.. (Lyons, Jeffrey)
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Filing 22
OPENING BRIEF in Support re #21 MOTION to Transfer Case to Northern District of California filed by Barracuda Networks, Inc..Answering Brief/Response due date per Local Rules is 1/10/2020. (Lyons, Jeffrey)
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Filing 21
MOTION to Transfer Case to Northern District of California - filed by Barracuda Networks, Inc.. (Lyons, Jeffrey)
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Filing 20
ORDER REFERRING MOTION: (20 in 1:19-cv-01690-CFC) MOTION to Dismiss for Failure to State a Claim filed by Mimecast North America, Inc., Mimecast Services Ltd., Mimecast UK Limited, (15 in 1:19-cv-01687-CFC) MOTION to Dismiss for Failure to State a Claim filed by Barracuda Networks, Inc., (13 in 1:19-cv-01688-CFC, 13 in 1:19-cv-01688-CFC) MOTION to Dismiss for Failure to State a Claim MOTION for Joinder in Mimecast's Motion to Dismiss (D.I. 20; C.A. No. 19-1960) filed by FireEye, Inc., (15 in 1:19-cv-01688-CFC) MOTION to Transfer Case to Northern District of California filed by FireEye, Inc., (12 in 1:19-cv-01691-CFC) MOTION to Dismiss for Failure to State a Claim filed by Proofpoint, Inc. Signed by Judge Colm F. Connolly on 12/20/2019. Motions referred to Magistrate Judge Christopher J. Burke.Associated Cases: 1:19-cv-01687-CFC, 1:19-cv-01688-CFC, 1:19-cv-01690-CFC, 1:19-cv-01691-CFC(nmf)
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SO ORDERED, re #19 STIPULATION TO EXTEND TIME (i) for Plaintiff to Respond to Defendant's Motion to Dismiss and (ii) for Defendant to file its Reply Brief to (i) 1/7/2020 and (ii) 1/21/2020 filed by ZapFraud, Inc. Set Briefing Schedule: re #15 MOTION to Dismiss for Failure to State a Claim . (Answering Brief due 1/7/2020., Reply Brief due 1/21/2020.). Signed by Judge Colm F. Connolly on 12/6/2019. (fms)
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Filing 19
STIPULATION TO EXTEND TIME (i) for Plaintiff to Respond to Defendant's Motion to Dismiss and (ii) for Defendant to file its Reply Brief to (i) 1/7/2020 and (ii) 1/21/2020 - filed by ZapFraud, Inc.. (Farnan, Brian)
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Pro Hac Vice Attorney Nikolaus A. Woloszczuk for Barracuda Networks, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
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Filing 18
MOTION for Pro Hac Vice Appearance of Attorney Nikolaus A. Woloszczuk - filed by Barracuda Networks, Inc.. (Flynn, Michael)
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SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Nikolaus A. Woloszczuk filed by Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 12/4/2019. (fms)
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Filing 17
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Barracuda Patent, LLC for Barracuda Networks, Inc. filed by Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 16
OPENING BRIEF in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Barracuda Networks, Inc..Answering Brief/Response due date per Local Rules is 12/17/2019. (Flynn, Michael)
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Filing 15
MOTION to Dismiss for Failure to State a Claim - filed by Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 14
STIPULATION of Dismissal by Barracuda Holdings, LLC, Barracuda Networks, Inc.. (Flynn, Michael)
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Pro Hac Vice Attorney Karineh Khachatourian for Barracuda Holdings, LLC and Barracuda Networks, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
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SO ORDERED, re #13 STIPULATION TO EXTEND TIME for the defendants to respond to the First Amended Complaint to December 3, 2019 filed by Barracuda Holdings, LLC, Barracuda Networks, Inc. Set/Reset Answer Deadlines: Barracuda Holdings, LLC answer due 12/3/2019; Barracuda Networks, Inc. answer due 12/3/2019. Signed by Judge Colm F. Connolly on 11/14/2019. (fms)
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Filing 13
STIPULATION TO EXTEND TIME for the defendants to respond to the First Amended Complaint to December 3, 2019 - filed by Barracuda Holdings, LLC, Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 12
STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the First Amended Complaint (D.I. 9) to November 21, 2019 - filed by Barracuda Holdings, LLC, Barracuda Networks, Inc.. (Flynn, Michael)
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SO ORDERED, re #12 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the First Amended Complaint (D.I. 9) to November 21, 2019 filed by Barracuda Holdings, LLC, Barracuda Networks, Inc., Set/Reset Answer Deadlines: Barracuda Holdings, LLC answer due 11/21/2019; Barracuda Networks, Inc. answer due 11/21/2019. Signed by Judge Colm F. Connolly on 11/8/2019. (fms)
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SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Karineh Khachatourian filed by Barracuda Holdings, LLC, Barracuda Networks, Inc. Signed by Judge Colm F. Connolly on 11/8/2019. (fms)
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Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Karineh Khachatourian - filed by Barracuda Holdings, LLC, Barracuda Networks, Inc.. (Flynn, Michael)
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Filing 10
NOTICE of Appearance by Michael J. Flynn on behalf of Barracuda Holdings, LLC, Barracuda Networks, Inc. (Flynn, Michael)
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Filing 9
FIRST AMENDED COMPLAINT against Barracuda Holdings, LLC, Barracuda Networks, Inc. - filed by ZapFraud, Inc. (Attachments: #1 Exhibit A)(dlw)
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Filing 8
STIPULATION regarding First Amended Complaint by ZapFraud, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Farnan, Brian)
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SO ORDERED re #8 Stipulation Regarding First Amended Complaint (Set/Reset Answer Deadlines: Barracuda Holdings, LLC answer due 11/14/2019; Barracuda Networks, Inc. answer due 11/14/2019). ORDERED by Judge Maryellen Noreika on 10/18/2019. (dlw)
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Filing 7
STIPULATION TO EXTEND TIME for Defendants to respond to the Complaint to 11/1/2019 - filed by ZapFraud, Inc.. (Farnan, Brian)
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SO ORDERED re #7 STIPULATION TO EXTEND TIME for Defendants to respond to the Complaint to 11/1/2019 (Set/Reset Answer Deadlines: Barracuda Holdings, LLC answer due 11/1/2019; Barracuda Networks, Inc. answer due 11/1/2019). ORDERED by Judge Maryellen Noreika on 9/25/2019. (dlw)
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Pro Hac Vice Attorney Wen Xue for ZapFraud, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
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Pro Hac Vice Attorney Jonas R. McDavit for ZapFraud, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
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Filing 6
MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit and Wen Xue - filed by ZapFraud, Inc.. (Farnan, Brian)
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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:19-cv-01687-MN, 1:19-cv-01688-MN, 1:19-cv-01689-MN, 1:19-cv-01690-MN, 1:19-cv-01691-MN (rjb)
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit and Wen Xue filed by ZapFraud, Inc. ORDERED by Judge Maryellen Noreika on 9/18/2019. (dlw)
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Filing 5
SUMMONS Returned Executed by ZapFraud, Inc.. Barracuda Holdings, LLC served on 9/11/2019, answer due 10/2/2019; Barracuda Networks, Inc. served on 9/11/2019, answer due 10/2/2019. (Farnan, Brian)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ZapFraud, Inc.. (kmd)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,277,628 B1. (kmd)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd)
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Filing 1
COMPLAINT filed with Jury Demand against Barracuda Holdings, LLC, Barracuda Networks, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2727161.) - filed by ZapFraud, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(kmd)
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Summons Issued with Magistrate Consent Notice attached as to Barracuda Holdings, LLC on 9/10/2019; Barracuda Networks, Inc. on 9/10/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (kmd)
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