International Business Machines Corporation v. Rakuten, Inc. et al
| International Business Machines Corporation |
| Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. doing business as Rakuten, Rakuten, Inc. and Ebates Performance Marketing, Inc. doing business as Rakuten Rewards |
| 1:2021cv00461 |
| March 29, 2021 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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SO ORDERED, re #22 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 7/9/2021. (etg)
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Filing 22
STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 - filed by International Business Machines Corporation. (O'Byrne, Stephanie)
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Filing 21
WAIVER OF SERVICE returned executed by International Business Machines Corporation: For Rakuten, Inc. waiver sent on 6/24/2021, answer due 9/22/2021. (O'Byrne, Stephanie)
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Filing 20
SUMMONS Returned Executed by International Business Machines Corporation. Ebates Performance Marketing, Inc. served on 6/24/2021, answer due 7/15/2021. (Palapura, Bindu)
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Filing 19
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,569,414 ;7,076,443 (Amended). (Palapura, Bindu)
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Filing 18
First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: #1 Exhibit A-H, #2 Exhibit I, #3 Exhibit J-V)(Palapura, Bindu)
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Filing 17
NOTICE of Withdrawal of Joseph D. Farris, III by International Business Machines Corporation (Palapura, Bindu)
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SO ORDERED, re #16 STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 5/27/21. (ntl)
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Filing 16
STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively - filed by International Business Machines Corporation. (Palapura, Bindu)
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Filing 15
DECLARATION re #14 Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: #1 Exhibit A & B)(Schladweiler, Benjamin)
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Filing 14
OPENING BRIEF in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc..Answering Brief/Response due date per Local Rules is 6/2/2021. (Schladweiler, Benjamin)
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Filing 13
MOTION to Dismiss for Failure to State a Claim - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Schladweiler, Benjamin)
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Filing 12
STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to May 19, 2021 - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin)
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SO ORDERED, re #12 STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to March 29, 2021 filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/14/21. (ntl)
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Pro Hac Vice Attorneys John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong, John Dao for International Business Machines Corporation 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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Pro Hac Vice Attorney Allan A. Kassenoff,Julie P. Bookbinder,Joshua L. Raskin for Ebates Inc., for Rakuten Commerce, LLC, for Rakuten USA, 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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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP filed by International Business Machines Corporation, #11 MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/6/21. (ntl)
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Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: #1 Exhibit Certification of Joshua L. Raskin, #2 Exhibit Certification of Allan A. Kassenoff, #3 Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin)
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Filing 10
NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin)
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
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Filing 8
SUMMONS Returned Executed by International Business Machines Corporation. Ebates Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David)
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Filing 7
SUMMONS Returned Executed by International Business Machines Corporation. Rakuten Commerce, LLC served on 3/29/2021, answer due 4/19/2021. (Moore, David)
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Filing 6
SUMMONS Returned Executed by International Business Machines Corporation. Rakuten USA, Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David)
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Filing 5
Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg)
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Filing 4
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Business Machines Corporation. (nmg)
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Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,072,849; 7,631,346; 6,785,676; 7,543,234. (nmg)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
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Filing 1
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet)(nmg)
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