Sharing Sound, LLC v. Apple, Inc. et al Featured Case

Lawsuit by patent owner Sharing Sound over an online music distribution method, against Apple, Microsoft, Npaster, Sony, and others (U.S. Patent Number 6,247,130), titled “Distribution of musical products by a website vendor over the Internet.” Sharing Sound settled with Apple In September 2010.

Plaintiff: Sharing Sound, LLC
Defendant: Apple, Inc., Sony Ericsson Mobile Communications AB, Sony Ericsson Mobile Communications Inc., Sony Corporation of America, Sony Electronics, Inc., Sony Computer Entertainment Inc., Sony Computer Entertainment America Inc., Sony Corporation, Rhapsody International Inc., Napster, L.L.C., Brilliant Digital Entertainment, Inc. and Microsoft Corporation
Case Number: 2:2010cv00162
Filed: May 18, 2010
Court: US District Court for the Eastern District of Texas
Office: Marshall Office
County: Harrison
Presiding Judge: T. John Ward
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 26, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2010 Opinion or Order Filing 77 ORDER; The Court hereby CANCELS the December 8, 2010 scheduling conference. Signed by Judge David Folsom on 11/24/10. (mrm, )
October 26, 2010 Opinion or Order Filing 76 NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER, AND DISCOVERY ORDER, ( Scheduling Conference set for 12/8/2010 11:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom.). Signed by Judge David Folsom on 10/26/10. (mrm, )
October 26, 2010 Opinion or Order Filing 75 ORDER, granting 57 Notice of Dismissal of Defendant Brilliant Digital Entertainment, Inc; Brilliant Digital Entertainment, Inc. terminated. Signed by Judge David Folsom on 10/26/10. (mrm, )
October 8, 2010 Opinion or Order Filing 74 ORDER granting 73 Notice (Other) filed by Sharing Sound, LLC, Rhapsody International Inc. terminated. Signed by Judge David Folsom on 10/8/10. (mrm, )
October 7, 2010 Filing 73 NOTICE by Sharing Sound, LLC of Dismissal of Defendant Rhapsody International, Inc. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott)
September 29, 2010 Opinion or Order Filing 72 ORDER granting 71 Notice of Dismissal of Defendant Apple, Inc., filed by Sharing Sound, LLC, Apple, Inc. terminated. Signed by Judge David Folsom on 9/29/10. (mrm, )
September 28, 2010 Filing 71 NOTICE by Sharing Sound, LLC Notice of Dismissal of Defendant Apple, Inc. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott)
September 21, 2010 Opinion or Order Filing 70 ORDER granting 69 Motion for Extension of Time to Answer. Rhapsody shall have up to and including October 5, 2010 to answer, move, or otherwise respondto Sharing Sounds Complaint. Signed by Judge David Folsom on 9/21/10. (mrm, )
September 21, 2010 Answer Due Deadline Updated for Rhapsody International Inc. to 10/5/2010. (mrm, )
September 20, 2010 Filing 69 Unopposed MOTION for Extension of Time to File Answer by Rhapsody International Inc.. (Attachments: # 1 Text of Proposed Order)(Stewart, David)
September 9, 2010 Opinion or Order Filing 68 AMENDED ORDER OF DISMISSAL granting 67 Notice of Voluntary Dismissal filed by Sharing Sound, LLC. Napster, L.L.C. terminated. Signed by Judge David Folsom on 9/9/10. (mrm, )
September 8, 2010 Filing 67 AMENDED NOTICE of Voluntary Dismissal by Sharing Sound, LLC (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) Modified on 9/9/2010 (sm, ).
September 7, 2010 Opinion or Order Filing 66 ORDER granting 64 Motion for Extension of Time to Answer; Rhapsody shall have up to and including September 20, 2010 to answer, move, or otherwise respond to Sharing Sound's Complaint. Signed by Judge David Folsom on 9/7/10. (mrm, )
September 7, 2010 Opinion or Order Filing 65 ORDER granting 63 Notice of Voluntary Dismissal filed by Sharing Sound, LLC, Napster, L.L.C. terminated. Signed by Judge David Folsom on 9/7/10. (mrm, )
September 2, 2010 Filing 64 Unopposed MOTION for Extension of Time to File Answer by Rhapsody International Inc.. (Attachments: # 1 Text of Proposed Order)(Stewart, David)
September 2, 2010 Filing 63 NOTICE of Voluntary Dismissal by Sharing Sound, LLC (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew)
September 1, 2010 Filing 62 Answer Due Deadline Updated for Apple, Inc. to 9/29/2010. (mrm, )
September 1, 2010 Opinion or Order Filing 61 ORDER granting 60 Motion for Extension of Time to Answer or Otherwise Respond. Apple Inc. shall have until and including September 29, 2010, to answer or otherwise respond to the Original Complaint. Signed by Judge David Folsom on 9/1/10. (mrm, )
August 30, 2010 Filing 60 Unopposed MOTION for Extension of Time to File Unopposed Motion for Extension of Time to Answer or Otherwise Respond by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric)
August 26, 2010 Opinion or Order Filing 59 ORDER; granting 58 Notice of Voluntary Dismissal filed by Sharing Sound, LLC, Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., Sony Computer Entertainment America Inc. and Sony Computer Entertainment Inc. terminated. Signed by Judge David Folsom on 8/26/10. (mrm, )
August 25, 2010 Filing 58 NOTICE of Voluntary Dismissal by Sharing Sound, LLC (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew)
August 19, 2010 Filing 57 NOTICE by Sharing Sound, LLC Notice of Dismissal of Defendant Brilliant Digital Entertainment, Inc. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott)
August 19, 2010 Opinion or Order Filing 56 ORDER granting 55 Motion for Extension of Time to Answer; Rhapsody shall have up to and including September 3, 2010 to answer, move, or otherwise respond to Sharing Sound's Complaint. Signed by Judge David Folsom on 8/19/10. (mrm, )
August 19, 2010 Answer Due Deadline Updated for Rhapsody International Inc. to 9/3/2010. (mrm, )
August 18, 2010 Filing 55 Unopposed MOTION for Extension of Time to File Answer by Rhapsody International Inc.. (Attachments: # 1 Text of Proposed Order)(Moran, Ryan)
August 17, 2010 Opinion or Order Filing 54 ORDER granting 53 Motion for Extension of Time to Answer; Sony Corporation of America, Sony Electronics Inc. and Sony Computer Entertainment America Inc. shall have until September 15, 2010, in which to file a responsive pleading. Signed by Judge David Folsom on 8/17/10. (mrm, )
August 17, 2010 Answer Due Deadline Updated for Sony Computer Entertainment America Inc. to 9/15/2010; Sony Corporation of America to 9/15/2010; Sony Electronics, Inc. to 9/15/2010. (mrm, )
August 16, 2010 Filing 53 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by Sony Computer Entertainment America Inc., Sony Corporation of America, Sony Electronics, Inc.. (Attachments: # 1 Text of Proposed Order)(Weber, Robert)
August 12, 2010 Filing 52 NOTICE by Sharing Sound, LLC Notice of Dismissal of Defendant Napster, L.L.C. (Attachments: # 1 Text of Proposed Order)(Stevens, Scott)
August 12, 2010 ***FILED IN ERROR. PER ATTORNEY Document # 51, Notice of Dismissal. PLEASE IGNORE.*** (ch, )
August 11, 2010 Filing 51 ***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***NOTICE by Sharing Sound, LLC Notice of Dismissal of Defendant Napster, Inc. (Stevens, Scott) (Additional attachment(s) added on 8/12/2010: # 1 Text of Proposed Order) (ch, ). Modified on 8/12/2010 (ch, ).
August 10, 2010 Filing 50 APPLICATION to Appear Pro Hac Vice by Attorney David R Stewart for Rhapsody International Inc.. (APPROVED, FEE PAID 2-1-5550) (ehs, )
August 9, 2010 Opinion or Order Filing 49 ORDER granting 48 Motion for Extension of Time to Answer; Napster shall have up to and including August 13, 2010 to answer, move, or otherwise respond to the Complaint. Signed by Judge David Folsom on 8/9/10. (mrm, )
August 9, 2010 Answer Due Deadline Updated for Napster, L.L.C. to 8/13/2010. (mrm, )
August 5, 2010 Filing 48 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, Second by Napster, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Setnick, Benjamin)
August 3, 2010 Filing 47 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Rhapsody International Inc.( Moran, Ryan)
August 3, 2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Rhapsody International Inc. to 8/19/2010. 15 Days Granted for Deadline Extension.( sm, )
July 30, 2010 Opinion or Order Filing 46 ORDER granting 45 Motion for Extension of Time to Answer; Napster answer due 8/6/10. Signed by Judge David Folsom on 7/30/10. (mrm, )
July 30, 2010 Answer Due Deadline Updated for Napster, L.L.C. to 8/6/2010. (mrm, )
July 29, 2010 Filing 45 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by Napster, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Setnick, Benjamin)
July 29, 2010 Filing 44 Answer Due Deadline Updated for Apple, Inc. to 8/30/2010. (mrm, )
July 29, 2010 Opinion or Order Filing 43 ORDER granting 42 Motion for Extension of Time to File Answer or Otherwise Respond; Apple Inc. shall have until and including August 30, 2010, to answer or otherwise respond to the Original Complaint. Signed by Judge David Folsom on 7/29/10. (mrm, )
July 28, 2010 Filing 42 Unopposed MOTION for Extension of Time to File Apple Inc.'s Unopposed Motion for Extension of Time to Answer or Otherwise Respond by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric)
July 21, 2010 Filing 41 APPLICATION to Appear Pro Hac Vice by Attorney Gregory S Gewirtz for Sony Computer Entertainment America Inc.,Gregory S Gewirtz for Sony Electronics, Inc. (APPROVED FEE PAID) 5-1-1939. (ch, )
July 16, 2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Napster, L.L.C. to 7/30/2010. 14 Days Granted for Deadline Extension.( sm, )
July 15, 2010 Filing 40 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Napster, L.L.C. (McDowell, John)
July 14, 2010 Filing 39 APPLICATION to Appear Pro Hac Vice by Attorney Raymond Churchill for Sony Computer Entertainment America Inc., Sony Corporation of America & Sony Electronics, Inc.(APPROVED)(Rec# 5-1-1035) (poa, )
July 14, 2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sony Computer Entertainment America Inc. 30 Days Granted for Deadline Extension.( sm, )
July 14, 2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sony Electronics, Inc. to 8/16/2010; Sony Corporation of America to 8/16/2010. 30 Days Granted for Deadline Extension.( sm, )
July 14, 2010 ***NOTICE OF DOCKET CORRECTION DUE TO CLERICAL ERROR, PLEASE IGNORE THE RECENT ENTRY OF GRANTING SONIC DFTS, A NEW ENTRY WILL BE FILED SHOWING THE CORRECT DFTS UPDATED ANSWER DEADLINES. 2nd Application to Extend Time - PLEASE IGNORE.*** (sm, )
July 14, 2010 ***PLEASE IGNORE, INCORRECTLY ENTERED BY CLERK***Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sony Computer Entertainment Inc. to 8/16/2010; Sony Corporation to 8/16/2010; Sony Computer Entertainment America Inc. to 8/16/2010. 30 Days Granted for Deadline Extension.( sm, ) Modified on 7/14/2010 (sm, ).
July 13, 2010 Filing 38 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Sony Computer Entertainment America Inc., Sony Corporation of America, Sony Electronics, Inc..( Weber, Robert)
July 9, 2010 Filing 37 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Apple, Inc..( Albritton, Eric)
July 9, 2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Apple, Inc. to 7/30/2010. 15 Days Granted for Deadline Extension.( sm, )
June 23, 2010 Opinion or Order Filing 36 ORDER, granting 11 Joint MOTION to Dismiss without Prejudice filed by Sharing Sound, LLC., Sony Ericsson Mobile Communications AB and Sony Ericsson Mobile Communications Inc. terminated.. Signed by Judge David Folsom on 6/23/10. (mrm, )
June 23, 2010 Opinion or Order Filing 35 ORDER, granting 34 Unopposed MOTION to Dismiss filed by Sharing Sound, LLC., Microsoft Corporation terminated.. Signed by Judge David Folsom on 6/23/10. (mrm, )
June 22, 2010 Filing 34 Unopposed MOTION to Dismiss by Sharing Sound, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew)
June 22, 2010 Filing 33 APPLICATION to Appear Pro Hac Vice by Attorney John J Cotter for Napster, L.L.C.. (APROVED, FEE PAID 2-1-5425) (ehs, )
June 22, 2010 Filing 32 APPLICATION to Appear Pro Hac Vice by Attorney Eric A Prager for Napster, L.L.C.. (APPROVED, FEE PAID 2-1-5425) (ehs, )
June 22, 2010 Filing 31 ***FILED IN ERROR PER ATTORNEY, PLEASE IGNORE***Unopposed MOTION to Dismiss by Sharing Sound, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) Modified on 6/22/2010 (ehs, ).
June 22, 2010 ***FILED IN ERROR PER ATTORNEY. Document # 31, Motion. PLEASE IGNORE.*** (ehs, )
June 22, 2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Rhapsody International Inc. to 8/4/2010. 30 Days Granted for Deadline Extension.( ch, )
June 21, 2010 Filing 30 NOTICE of Attorney Appearance by Ryan James Moran on behalf of Rhapsody International Inc. (Moran, Ryan)
June 21, 2010 Filing 29 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Rhapsody International Inc..( Moran, Ryan)
June 18, 2010 Filing 28 NOTICE of Attorney Appearance by Michael A Jacobs on behalf of Apple, Inc. (Jacobs, Michael)
June 16, 2010 Filing 27 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Sony Computer Entertainment America Inc. served on 5/27/2010 by CM RRR on Registered Agent Corporation Service Co, answer due 7/16/2010. (ehs, )
June 16, 2010 Filing 26 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Brilliant Digital Entertainment, Inc. served on 5/27/2010 by CM RRR on Registered Agent Anthony Neuman, answer due 6/17/2010. (ehs, )
June 16, 2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Napster, L.L.C. to 7/16/2010. 29 Days Granted for Deadline Extension.( ch, )
June 15, 2010 Filing 25 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Napster, L.L.C.(McDowell, John)
June 14, 2010 Filing 24 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sony Computer Entertainment America Inc., Sony Corporation of America, Sony Electronics, Inc..( Weber, Robert)
June 14, 2010 Filing 23 NOTICE of Attorney Appearance by Robert William Weber on behalf of Sony Computer Entertainment America Inc., Sony Corporation of America, Sony Electronics, Inc. (Weber, Robert)
June 14, 2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sony Computer Entertainment America Inc. to 7/16/2010; Sony Corporation of America to 7/16/2010; Sony Electronics, Inc. to 7/16/2010. 30 Days Granted for Deadline Extension.( ch, )
June 8, 2010 Filing 22 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Apple, Inc..( Albritton, Eric)
June 8, 2010 Filing 21 NOTICE of Attorney Appearance by Eric M. Albritton on behalf of Apple, Inc. (Albritton, Eric)
June 8, 2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Apple, Inc. to 7/15/2010. 30 Days Granted for Deadline Extension.( sm, )
June 7, 2010 Opinion or Order Filing 20 ORDER, granting 13 Unopposed MOTION to Withdraw as Attorney filed by Sharing Sound, LLC., Attorney Todd Y Brandt terminated.. Signed by Judge David Folsom on 6/7/10. (mrm, )
June 3, 2010 Filing 13 Unopposed MOTION to Withdraw as Attorney by Sharing Sound, LLC. (Attachments: # 1 Text of Proposed Order)(Brandt, Todd)
June 2, 2010 Filing 19 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Sony Electronics, Inc. served CMRR signed by V. Cordell on 5/26/2010, answer due 6/16/2010. (ch, )
June 2, 2010 Filing 18 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Microsoft Corporation served CMRR signed by V. Cordell on 5/26/2010. (ch, )
June 2, 2010 Filing 17 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Sony Corporation of America served CMRR signed by V. Cordell on 5/26/2010, answer due 6/16/2010. (ch, )
June 2, 2010 Filing 16 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Napster, L.L.C. served CMRR signed by S. Celio on 5/27/2010, answer due 6/17/2010. (ch, )
June 2, 2010 Filing 15 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Rhapsody International Inc. served CMRR signed by M. McGinn on 5/27/2010, answer due 6/17/2010. (ch, )
June 2, 2010 Filing 14 E-GOV SEALED SUMMONS Returned Executed by Sharing Sound, LLC. Apple, Inc. served CMRR to CT Corporation on 5/25/2010, answer due 6/15/2010. (ch, )
May 28, 2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Microsoft Corporation to 7/16/2010. 30 Days Granted for Deadline Extension.( sm, )
May 27, 2010 Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Microsoft Corporation.(Smith, Melissa)
May 24, 2010 Filing 11 Joint MOTION to Dismiss without Prejudice by Sharing Sound, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew)
May 24, 2010 Opinion or Order Filing 10 ORDER OF RECUSAL. Judge T. John Ward recused. Case reassigned to Judge David Folsom for all further proceedings. Signed by Judge T. John Ward on 5/24/2010. (ch, )
May 19, 2010 Filing 9 NOTICE of Attorney Appearance by Todd Y Brandt on behalf of Sharing Sound, LLC (Brandt, Todd)
May 19, 2010 Filing 8 NOTICE of Attorney Appearance by Gregory Phillip Love on behalf of Sharing Sound, LLC (Love, Gregory)
May 19, 2010 Filing 7 NOTICE of Attorney Appearance by Darrell Glyn Dotson on behalf of Sharing Sound, LLC (Dotson, Darrell)
May 19, 2010 Filing 6 NOTICE of Attorney Appearance by Kyle Joseph Nelson on behalf of Sharing Sound, LLC (Nelson, Kyle)
May 19, 2010 Filing 5 NOTICE of Attorney Appearance by Scott English Stevens on behalf of Sharing Sound, LLC (Stevens, Scott)
May 18, 2010 Filing 4 E-GOV SEALED SUMMONS Issued as to Apple, Inc., (Attachments: # 1 Brilliant Digital Entertainment Inc, # 2 Microsoft Corporation, # 3 Napster LLC, # 4 Rhapsody International Inc, # 5 Sony Computer Entertainment America Inc, # 6 Sony Corporation of America, # 7 Sony Electronics Inc, # 8 Sony Ericsson Mobil Communications Inc)(ch, )
May 18, 2010 Filing 3 Magistrate Consent Form Mailed to Sharing Sound, LLC (ch, )
May 18, 2010 Filing 2 Notice of Filing of Patent Form (AO 120). AO 120 mailed to the Register of Patent/Trademarks. (Spangler, Andrew) Modified on 5/18/2010 (ch, ).
May 18, 2010 Filing 1 COMPLAINT for Patent Infringement against Apple, Inc., Brilliant Digital Entertainment, Inc., Microsoft Corporation, Napster, L.L.C., Rhapsody International Inc., Sony Computer Entertainment America Inc., Sony Computer Entertainment Inc., Sony Corporation, Sony Corporation of America, Sony Electronics, Inc., Sony Ericsson Mobile Communications AB, Sony Ericsson Mobile Communications Inc. ( Filing fee $ 350 receipt number 0540-2488807.), filed by Sharing Sound, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Spangler, Andrew)
May 18, 2010 Case assigned to Judge T. John Ward. (ch, )

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Plaintiff: Sharing Sound, LLC
Represented By: Andrew W. Spangler
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Defendant: Apple, Inc.
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Defendant: Sony Ericsson Mobile Communications AB
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Defendant: Sony Computer Entertainment Inc.
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Defendant: Sony Computer Entertainment America Inc.
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Defendant: Sony Corporation
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Defendant: Rhapsody International Inc.
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Defendant: Napster, L.L.C.
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Defendant: Brilliant Digital Entertainment, Inc.
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Defendant: Microsoft Corporation
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