Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al
Plaintiff Gibson Guitar Corporation alleges that Defendants Wal-Mart Stores Inc., Target Corporation, Kmart Corporation, Amazon.com Inc., GameStope Corporation and Toys-R-Us Inc. infringed on U.S. Patent No. 5,990,405 entitled "System and Method for Generating and Controlling a Simulated Musical Concert Experience" by selling Guitar Hero series of video games.
| Gibson Guitar Corporation |
| Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation, Amazon.com, Inc., GameStop Corporation and Toys-R-Us, Inc. |
| 3:2008cv00279 |
| March 17, 2008 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Juliet E. Griffin |
| Thomas Wiseman |
| Trademark |
| 28 U.S.C. ยง 1338 Trademark Infringement |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
135
ORDER: The parties' joint stipulation to stay proceedings and to continue status conference 134 is deemed to a be a joint motion to continue the stay, and, as such is GRANTED. Although the parties styled the stipulation to include an agreement to continue a status conference, there is no status conference scheduled to be continued. Proceedings in this case shall be stayed until 4/30/10, to allow the parties additional time to attempt to resolve this case. Joint Status Report due by 5/7/20 10. Telephone Conference set for 5/14/2010, at 3:00 PM before Magistrate Judge Juliet E. Griffin, to be initiated by counsel for plaintiff, to address further proceedings in this case. If, in the parties' 5/7/10, status report, they indicate tha t a settlement of all claims by all parties in this case has been reached and indicate when they will file an agreed order or stipulation of dismissal of all claims in this case, the May 14, 2010, conference call will be cancelled. Otherwise, it will be held as scheduled. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 4/12/10. (tmw)
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Filing
133
ORDER: The parties' joint stipulation to stay proceedings and to continue status conference 132 is deemed to be a joint motion to stay proceedings and to continue the case management conference, scheduled by order entered 12/14/2009 131 , and , as such, the motion is GRANTED. The stay of proceedings is REINSTATED and the proceedings in this case shall be STAYED through 3/31/2010. The 1/6/2010, case management conference is CANCELLED, and will be rescheduled by further order as provided within this order. Signed by Magistrate Judge Juliet E. Griffin on 12/21/09. (dt)
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Filing
90
DECLARATION of B. Jennifer Glad filed by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., Electronic Arts, Inc., Viacom International, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation re: 89 Reply to Response to Motion,,. (Attachments: # 1 Exhibit A - Waiver of Patent Owner Statement, # 2 Exhibit B - E-mail Exchange)(Harwell, Aubrey)
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Filing
88
RESPONSE in Opposition re 87 MOTION Permission to file Sur-Reply to Defendants' Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California filed by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Rose, Jonathan)
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Filing
87
MOTION Permission to file Sur-Reply to Defendants' Motion to Dismiss or in the Alternative to Stay this Action in Favor of the First Filed Action in the Central District of California by Gibson Guitar Corporation. (Attachments: # 1 Exhibit Sur-Reply of Gibson Guitar Corp. to Defendants' Motion to Dismiss or, in the Alternative, to Stay this Action in Favor of a First-Filed Action in the Central District of California)(Pierce, Douglas)
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Filing
85
ORDER granting 78 Motion for Harry A. Olivar, Jr. to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 06/06/08. (tmw)
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Filing
84
RECEIPT #34675002811 in the amount of $75.00 re 78 Motion for Atty Harry A. Olivar to Appear Pro Hac Vice. (tmw)
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Filing
83
AFFIDAVIT in Opposition re 60 MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit, 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit - Declaration of Jason M. Sobel Esq. In Support of Gibson Guitar Corp.s Response, Opposing in Part and Joining in Part, Defendants' Motion for a Stay Pending U.S.P.T.O's Reexamination of the Patent in Suit filed by Gibson Guitar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pierce, Douglas)
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Filing
77
REPLY to Response to Motion re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants filed by Harmonix Music Systems, Inc., Electronic Arts, Inc., Viacom International, Inc.. (Harwell, Aubrey)
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Filing
76
ORDER granting 72 Motion for Leave to File Documents (pltf's opposition to defts' joint motion to dismiss or to stay action and the declaration of Richard Eskew) under seal. Signed by Senior Judge Thomas Wiseman on 5/23/08. (gi)
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Filing
75
RESPONSE in Opposition re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants filed by Gibson Guitar Corporation. (Pierce, Douglas)
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71
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Filing
62
NOTICE by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. of Conference Call Information (Harwell, Aubrey)
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Filing
61
RESPONSE in Opposition re 34 MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery filed by Gibson Guitar Corporation. (Pierce, Douglas)
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Filing
60
MOTION for Hearing re 53 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Harwell, Aubrey)
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Filing
52
MOTION for Hearing re 49 MOTION to Dismiss Amended Complaint as to the Viacom Defendants by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc.. (Harwell, Aubrey)
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Filing
48
ORDER granting 30 Motion for Attys Mark A. Samuels, Robert M. Schwartz and William J. Charron to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 5/5/08. (gi)
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Filing
47
RECEIPT #34675002383 in the amount of $225.00 re 30 Motion for Attys Samuels, Schwartz and Charron to Appear Pro Hac Vice. (gi)
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Filing
45
ORDER: The portion of 34 motion to continue initial case managemet conference is granted; the portion of the motion seeking to reinstate Rule 26(d) stay of discovery is reserved. Telephone Conference is set for 5/12/2008 at 12:00 PM before Magistrate Judge Juliet E. Griffin. Clerk is directed to enter Mr. Lipshie, Mr. Urness and Mr. Rose as counsel for defendants Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation, Sears Roebuck & Co.,Amazon.com, Inc., GameStop Corporation, and Toys-R-Us, Inc. It does not appear that the pro hac vice admission fees for Attys Samuels, Schwartz and Charron have been paid; the Court cannot grant that motion 30 until the fees are submitted. Signed by Magistrate Judge Juliet E. Griffin on 5/1/08. (gi)
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Filing
34
MOTION to Continue Initial Case Management Confernece and Reinstate Rule 26(d) Stay of Discovery by Amazon.com, Inc., GameStop Corporation, Toys-R-Us, Inc., Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc., Sears, Roebuck & Co., Wal-Mart Stores, Inc., Target Corporation, Kmart Corporation. (Harwell, Aubrey)
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Filing
33
CERTIFICATE OF GOOD STANDING of Attorney William J. Charron from the United States District Court for the Central of California filed by Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc.. (Harwell, Aubrey)
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Filing
29
NOTICE of Appearance by Aubrey B. Harwell, III and William T. Ramsey on behalf of Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. (Harwell, Aubrey) Modified text on 4/25/2008 (gi).
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Filing
28
SUMMONS returned executed by Gibson Guitar Corporation. Electronic Arts, Inc. served on 4/10/2008. (Pierce, Douglas)
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Filing
27
ORDER: The Court deems the stipulation 26 to be a joint motion for extension of time and, as such, it is GRANTED. The time for the defendants to file a response to the amended complaint 19 is extended to 5/14/08. Initial case management conference was rescheduled to 5/12/08, two days before the deadline for filing responses to the amended complaint. However, unless otherwise modified, the 3/31/08, order remains in full force and effect. Signed by Magistrate Judge Juliet E. Griffin on 4/21/08. (dt)
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Filing
25
NOTICE from CT Corp to Atty Douglas R. Pierce advising Amazon.com is not listed on their records or on the records of the State of TN. Therefore, amended complaint and attachments were being returned. (gi)
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Filing
24
ORDER granting 15 Motion for Attys Matthew W. Siegal, Richard Eskew, Angie M. Hankins, and Jason M. Sobel to Appear Pro Hac Vice. Signed by Magistrate Judge Juliet E. Griffin on 4/15/08. (gi)
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Filing
22
SUMMONS returned executed by Gibson Guitar Corporation. MTV Networks served on 4/7/2008. (Pierce, Douglas)
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Filing
21
SUMMONS returned executed by Gibson Guitar Corporation. Sears, Roebuck & Co. served on 4/9/2008. (Pierce, Douglas)
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Filing
20
Summons issued as to Harmonix Music Systems, Inc., MTV Networks, Electronic Arts, Inc. & Sears, Roebuck & Co. (gi)
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Filing
18
RECEIPT #34675-1959 in the amount of $300.00 for PHV Fee on behalf of Matthew Siegal, Richard Eskew, Angie Hankins, & Jason M. Sobel posted on 4/1/08 re 15 Motion to Appeal Pro Hac Vice by Gibson Guitar Corporation. (jb)
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Filing
16
CORPORATE DISCLOSURE STATEMENT filed by Gibson Guitar Corporation. (Pierce, Douglas)
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Filing
13
Summons issued as to Target Corporation. (jb)
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Filing
9
SUMMONS returned executed by Gibson Guitar Corporation. Kmart Corporation served on 3/24/2008. (Pierce, Douglas)
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Filing
6
Letter from Docket Clerk to Matthew W. Siegal re: Compliance with Local Rule 83.01. (jb)
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Filing
3
NOTICE of Initial Case Management Conference set for Monday, 4/28/2008 at 10:00 AM in Courtroom 764 before Magistrate Judge Juliet E. Griffin. (rm)
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