Konami Digital Entertainment Co, Ltd. et al v. Harmonix Music Systems, Inc. et al Featured Case

Plaintiffs Konami Digital Entertainment Co., Ltd. and Konami Digital Entertainment, Inc. alleged that Defendants Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. infringed on U.S. Patent No. 6,390,923 entitled "Music Playing Game Apparatus, Performance Guiding Image Display Method, and Readable Storage Medium Storing Performance Guiding Image Forming Program," No. 6,425,822 entitled "Music Game with Selectable Controller Inputs" and No. 6,645,067 entitled "Music Staging Device Apparatus, Music Staging Game Method, and Readable Storage Medium."

Plaintiff: Konami Digital Entertainment Co, Ltd. and Konami Digital Entertainment, Inc.
Defendant: Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc.
Case Number: 6:2008cv00286
Filed: July 9, 2008
Court: US District Court for the Eastern District of Texas
Office: Patent Office
County: Anderson
Presiding Judge: Leonard Davis
Nature of Suit: Both
Cause of Action: Federal Question
Jury Demanded By: 15:1126 Patent Infringement
Docket Report

This docket was last retrieved on September 17, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2010 Opinion or Order Filing 338 FINAL JUDGMENT. ORDERED, ADJUDGED and DECREED that all claims, counterclaims, and third-party claims in the instant suit be DISMISSED in their entirety. Signed by Magistrate Judge John D. Love on 9/17/2010. (gsg)
September 17, 2010 Opinion or Order Filing 337 ORDER OF DISMISSAL WITH PREJUDICE re 1 Complaint, filed by Konami Digital Entertainment, Inc, Konami Digital Entertainment Co, Ltd. Signed by Magistrate Judge John D. Love on 9/17/2010. (gsg)
September 15, 2010 Filing 336 Agreed MOTION to Dismiss with Prejudice by Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order)(Masters, Robert)
August 4, 2010 Opinion or Order Filing 335 ORDER re 333 Joint MOTION to Stay (Extend Stay) filed by Viacom International Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc. ORDERED that all proceedings are STAYED until September 8, 2010. The parties are further ORDERED to submit all papers necessary for the closing of this case and its removal from the undersigneds active docket on or before September 8, 2010. Signed by Magistrate Judge John D. Love on 8/4/2010. (gsg)
August 3, 2010 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge John D. Love: Telephone Conference held on 8/3/2010. (Court Reporter M. Morris.) (mjm, )
July 27, 2010 Opinion or Order Filing 334 ORDER granting in part 333 Motion to Stay. All deadlines in this case will be STAYED until 8-05-2010. Parties will apprise the Court of the current state of this case during a telephonic hearing set for 8-04-2010 at 10:30 a.m. The direction of this litigation will be taken up at that time. Signed by Magistrate Judge John D. Love on 07/27/10. cc:attys 7-27-10 (mll, )
July 27, 2010 ELECTRONIC NOTICE of Telephonic Hearing:TELEPHONIC Status Conference set for 8/4/2010 10:30 AM before Magistrate Judge John D. Love. (mjm, )
July 26, 2010 Filing 333 Joint MOTION to Stay (Extend Stay) by Harmonix Music Systems, Inc., MTV Networks, Co., Viacom International Inc., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
May 25, 2010 Opinion or Order Filing 332 ORDER ON CLOSING DOCUMENTS GRANTING 331 Joint MOTION to Stay [MOTION TO EXTEND STAY] filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. Signed by Magistrate Judge John D. Love on 5/25/2010. (gsg)
May 24, 2010 Filing 331 Joint MOTION to Stay [MOTION TO EXTEND STAY] by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Masters, Robert) (Additional attachment(s) added on 6/7/2010: # 1 Text of Proposed Order) (mjc, ).
April 9, 2010 Filing 330 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING held on 2/22/10 before Judge John D. Love. Court Reporter/Transcriber: Shelly Holmes, CSR,Telephone number: (903) 663-5082. (40 pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or 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 5/3/2010. Redacted Transcript Deadline set for 5/13/2010. Release of Transcript Restriction set for 7/12/2010. (tja, )
March 22, 2010 Opinion or Order Filing 329 ORDERED that Plaintiff pay one half and Defendants collectively pay one half of bill by technical advisor. Signed by Magistrate Judge John D. Love on 3/22/2010. (gsg)
March 19, 2010 Opinion or Order Filing 328 ORDER granting 327 Joint Motion to Stay. ORDERED that all proceedings are stayed until May 19, 2010. Signed by Magistrate Judge John D. Love on 3/19/2010. (gsg)
March 18, 2010 Filing 327 Joint MOTION to Stay by Harmonix Music Systems, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., MTV Networks, Co., Viacom International Inc., Viacom, Inc.. (Attachments: # 1 Exhibit A - Stipulation, # 2 Text of Proposed Order)(Parker, Robert)
March 18, 2010 Filing 326 NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Harmonix Music Systems, Inc., MTV Networks, Co., Viacom International Inc., Viacom, Inc. (Gardner, Allen)
March 16, 2010 Opinion or Order Filing 325 ORDER Setting Hearing on Motion 321 SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO ANTICIPATION, 320 SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING (1) THE DATES OF INVENTION OF THE KONAMI PATENTS AND (2) THE PRIOR ART STATUS OF VARIOUS REFERENCES ASSERTED BY DEFENDANTS SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING (1) THE DATES OF INVENTION OF THE KONAMI PATENTS AND (2) THE PRIOR ART STATUS OF VARIOUS REFERENCES ASSERTED BY DEFENDANTS SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING (1) THE DATES OF INVENTION OF THE KONAMI PATENTS AND (2) THE PRIOR ART STATUS OF VARIOUS REFERENCES ASSERTED BY DEFENDANTS SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING (1) THE DATES OF INVENTION OF THE KONAMI PATENTS AND (2) THE PRIOR ART STATUS OF VARIOUS REFERENCES ASSERTED BY DEFENDANTS, 319 SEALED MOTION for Partial Summary Judgment Dismissing Konami's Allegations of Willful Infringement, 318 SEALED MOTION for Summary Judgment of Noninfringement of U.S. Patent Nos. 6,390,923; 6,425,822; and 6,645,067: Motion Hearing set for 4/2/2010 at 09:00 AM CST before Magistrate Judge John D. Love. Pretrial Conference set for 4/8/2010 at 09:00 AM CST before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 3/16/2010. (gsg)
March 15, 2010 Opinion or Order Filing 324 ORDER for Plaintiff to pay one half, $731.25, and Defendants, collectively, to pay one half, $731.25 of bill for technical advisor. Payment should be made by April1, 2010 to OKeefe, Egan, Peterman & Enders, LLP. Signed by Magistrate Judge John D. Love on 3/15/2010. (gsg)
March 11, 2010 Filing 323 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. of Disclosure Pursuant to 35 U.S.C. 282 (Reiter, Mark)
March 8, 2010 Filing 322 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. re 314 SEALED MOTION TO EXCLUDE AND STRIKE THE TESTIMONY AND EXPERT REPORT OF ALAN H. GORDON ON ALLEGED INEQUITABLE CONDUCT of Correction Regarding Declaration of Erin Klisch (Attachments: # 1 Affidavit Corrected Declaration of E. Klisch)(Edelman, Michael)
March 5, 2010 Filing 321 SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT OF NO ANTICIPATION by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Undisputed Facts ISO Motion for Partial Summary Judgment of No Anticipation, # 3 Declaration of Vidya R. Bhakar ISO of Motion, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12 pt 1, # 16 Exhibit 12 pt 2, # 17 Exhibit 12 pt 3, # 18 Exhibit 13, # 19 Exhibit 14, # 20 Exhibit 15, # 21 Exhibit 16 pt 1, # 22 Exhibit 16 pt 2, # 23 Exhibit 17, # 24 Exhibit 18 pt 1, # 25 Exhibit 18 pt 2, # 26 Exhibit 18 pt 3, # 27 Exhibit 18 pt 4, # 28 Exhibit 19, # 29 Exhibit 20, # 30 Exhibit 21)(Bhakar, Vid)
March 5, 2010 Filing 320 SEALED MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING (1) THE DATES OF INVENTION OF THE KONAMI PATENTS AND (2) THE PRIOR ART STATUS OF VARIOUS REFERENCES ASSERTED BY DEFENDANTS by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Vidya R. Bhakar in Support of Motion, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U)(Bhakar, Vid)
March 5, 2010 Filing 319 SEALED MOTION for Partial Summary Judgment Dismissing Konami's Allegations of Willful Infringement by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of S. Ashlie Beringer, # 3 Exhibit A to Beringer Declaration, # 4 Exhibit B to Beringer Declaration, # 5 Exhibit C to Beringer Declaration, # 6 Exhibit D to Beringer Declaration, # 7 Exhibit E to Beringer Declaration, # 8 Exhibit F to Beringer Declaration, # 9 Exhibit G to Beringer Declaration, # 10 Exhibit H to Beringer Declaration, # 11 Exhibit I to Beringer Declaration, # 12 Exhibit J to Beringer Declaration)(Reiter, Mark)
March 5, 2010 Filing 318 SEALED MOTION for Summary Judgment of Noninfringement of U.S. Patent Nos. 6,390,923; 6,425,822; and 6,645,067 by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Vincent Declaration, # 3 Exhibit 1 to Vincent Declaration, # 4 Exhibit 2 to Vincent Declaration, # 5 Exhibit 3 to Vincent Declaration, # 6 Exhibit 4 to Vincent Declaration, # 7 Exhibit 5 to Vincent Declaration, # 8 Exhibit 6 to Vincent Declaration, # 9 Exhibit 7 to Vincent Declaration, # 10 Exhibit 8 to Vincent Declaration, # 11 Exhibit 9 to Vincent Declaration, # 12 Exhibit 10 to Vincent Declaration, # 13 Exhibit 11 to Vincent Declaration, # 14 Exhibit 12 to Vincent Declaration, # 15 Exhibit 13 to Vincent Declaration, # 16 Exhibit 14 to Vincent Declaration, # 17 Exhibit 15 to Vincent Declaration, # 18 Exhibit 16a to Vincent Declaration, # 19 Exhibit 16b to Vincent Declaration, # 20 Exhibit 17 to Vincent Declaration, # 21 Exhibit 18 to Vincent Declaration, # 22 Exhibit 19 to Vincent Declaration, # 23 Exhibit 20 to Vincent Declaration, # 24 Exhibit 21 to Vincent Declaration, # 25 Exhibit 22 to Vincent Declaration, # 26 Exhibit 23 to Vincent Declaration, # 27 Exhibit 25 to Vincent Declaration, # 28 Exhibit 26 to Vincent Declaration, # 29 Exhibit 27 to Vincent Declaration, # 30 Exhibit 28 to Vincent Declaration, # 31 Exhibit 29 to Vincent Declaration, # 32 Exhibit 30 to Vincent Declaration, # 33 Exhibit 31a to Vincent Declaration, # 34 Exhibit 31b to Vincent Declaration, # 35 Exhibit 31c to Vincent Declaration, # 36 Exhibit 32a to Vincent Declaration, # 37 Exhibit 32b to Vincent Declaration, # 38 Exhibit 33b to Vincent Declaration, # 39 Exhibit 33a to Vincent Declaration, # 40 Exhibit 32b to Vincent Declaration, # 41 Exhibit 33c to Vincent Declaration, # 42 Exhibit 34a to Vincent Declaration, # 43 Errata 34b to Vincent Declaration, # 44 Exhibit 35a to Vincent Declaration, # 45 Exhibit 35b to Vincent Declaration, # 46 Exhibit 35c to Vincent Declaration, # 47 Exhibit 36 to Vincent Declaration, # 48 Exhibit 37 to Vincent Declaration, # 49 Exhibit 38 to Vincent Declaration, # 50 Exhibit 39 to Vincent Declaration, # 51 Affidavit Rhyne Declaration, # 52 Exhibit 1 to Rhyne Declaration, # 53 Exhibit 2 to Rhyne Declaration)(Reiter, Mark)
March 5, 2010 Filing 317 SEALED MOTION to Exclude and Strike Portions of the Testimony and Expert Report of Jonathan D. Putnam on Damages by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaration of S. Christian Platt, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Platt, S)
March 5, 2010 Filing 316 SEALED MOTION To Limit the Testimony and Strike Portions of the Expert Report of Brian W. Napper by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Myers Declaration, # 3 Exhibit 1 to Myers Declaration, # 4 Exhibit 2 to Myers Declaration, # 5 Exhibit 3 to Myers Declaration, # 6 Exhibit 4 to Myers Declaration, # 7 Exhibit 5 to Myers Declaration, # 8 Exhibit 6 to Myers Declaration, # 9 Exhibit 7 to Myers Declaration, # 10 Exhibit 8 to Myers Declaration, # 11 Exhibit 9 to Myers Declaration, # 12 Exhibit 10 to Myers Declaration, # 13 Exhibit 11 to Myers Declaration, # 14 Exhibit 12 to Myers Declaration, # 15 Exhibit 13 to Myers Declaration, # 16 Exhibit 14 to Myers Declaration, # 17 Exhibit 15 to Myers Declaration, # 18 Exhibit 16 to Myers Declaration, # 19 Exhibit 17 to Myers Declaration, # 20 Exhibit 18 to Myers Declaration, # 21 Exhibit 19 to Myers Declaration)(Reiter, Mark)
March 5, 2010 Filing 315 SEALED MOTION To Exclude the Testimony and Strike the Expert Report of Billy Pidgeon by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of A. Wu, # 3 Exhibit Exhibit 1 to Wu Declaration, # 4 Exhibit Exhibit 2 to Wu Declaration, # 5 Exhibit Exhibit 3 to Wu Declaration, # 6 Exhibit Exhibit 4 to Wu Declaration, # 7 Exhibit Exhibit 5 to Wu Declaration)(Reiter, Mark)
March 5, 2010 Filing 314 SEALED MOTION TO EXCLUDE AND STRIKE THE TESTIMONY AND EXPERT REPORT OF ALAN H. GORDON ON ALLEGED INEQUITABLE CONDUCT by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Erin E. Klisch in Support of Motion, # 3 Exhibit A to Declaration of Erin E. Klisch, # 4 Exhibit B to Declaration of Erin E. Klisch, # 5 Exhibit C to Declaration of Erin E. Klisch, # 6 Exhibit D to Declaration of Erin E. Klisch)(Edelman, Michael)
March 4, 2010 Opinion or Order Filing 313 ORDER granting 309 Motion for Extension of Time to Provide Certification. Deadline is extended from February 19, 2010 to March 3, 2010. Signed by Magistrate Judge John D. Love on 3/4/2010. (gsg)
March 4, 2010 Opinion or Order Filing 312 ORDER granting 310 Motion for Extension of Time to File Dispositive and Daubert Motions. The deadline for the parties to file dispositive and Daubert motions is extended to March 5, 2010. Signed by Magistrate Judge John D. Love on 3/4/2010. (gsg)
March 3, 2010 Filing 311 Document Certification (filed under seal) (Edelman, Michael)
March 3, 2010 Filing 310 Joint MOTION for Extension of Time to File Dispositive and Daubert Motions by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Nelson, Shanee)
February 26, 2010 Filing 309 Unopposed MOTION for Extension of Time to File Certification by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Nelson, Shanee)
February 24, 2010 Opinion or Order Filing 308 ORDER GRANTING IN PART 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc. Signed by Magistrate Judge John D. Love on 2/24/2010. (gsg)
February 23, 2010 Opinion or Order Filing 307 ORDER GRANTING 301 Joint MOTION Extend Dispositive Motion Briefing Deadlines filed by Viacom International Inc., MTV Networks, Co., Konami Digital Entertainment, Inc., Viacom, Inc., Harmonix Music Systems, Inc., Konami Digital Entertainment Co, Ltd. Dispositive Motions due by 3/3/2010 with Responses due on March 19, 2010 and Replies due on March 23, 2010. Signed by Magistrate Judge John D. Love on 2/23/2010. (gsg)
February 22, 2010 Filing 306 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 2/22/2010 re 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc.. (Court Reporter Shelly Holmes.) (mjm, )
February 22, 2010 Filing 305 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS HEARING held on 2/17/10 before Judge John D. Love. Court Reporter/Transcriber: Christy Humphries,Telephone number: 903-533-1172. (183 pages) NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or 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 3/18/2010. Redacted Transcript Deadline set for 3/29/2010. Release of Transcript Restriction set for 5/26/2010. (tja, )
February 19, 2010 Opinion or Order Filing 304 ORDER granting 292 Joint Motion to Extend Deadline to File and Serve Briefs. It is ORDERED that the deadline for the parties to comply with the Courts order is extended from February 18, 2010 to February 19, 2010. Signed by Magistrate Judge John D. Love on 2/19/2010. (gsg)
February 19, 2010 Filing 303 RESPONSE in Support re 218 MOTION for Partial Summary Judgment for Indefiniteness Supplemental Briefin in Support filed by Viacom, Inc.. (Attachments: # 1 Declaration of Robert Vincent, # 2 Exhibit 1 to Vincent Declaration, # 3 Exhibit 2 to Vincent Declaration, # 4 Exhibit 3 to Vincent Declaration, # 5 Exhibit 4 to Vincent Declaration)(Reiter, Mark)
February 19, 2010 Filing 302 RESPONSE to Motion re 218 MOTION for Partial Summary Judgment for Indefiniteness BRIEF ADDRESSING THE ISSUES RAISED IN THE COURT'S FEBRUARY 11, 2010 ORDER filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Declaration of Michael N. Edelman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Edelman, Michael)
February 19, 2010 Filing 301 Joint MOTION Extend Dispositive Motion Briefing Deadlines by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 19, 2010 Opinion or Order Filing 299 ORDER denying 213 Motion to Strike; denying 232 Sealed Motion; denying 244 Sealed Motion; denying 255 Sealed Motion; granting in part and denying in part 257 Sealed Motion. Signed by Magistrate Judge John D. Love on 2/19/2010. (gsg)
February 18, 2010 Opinion or Order Filing 298 ORDER for Plaintiff to pay one half, and Defendants, collectively, to pay one half, of a bill representing services rendered and expenses incurred through January 31, 2010 by technical advisor. Payment should be made by March 1, 2010 to OKeefe, Egan, Peterman & Enders, LLP. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Opinion or Order Filing 297 ORDER granting 282 Motion for Leave to Exceed the Page Limit. Plaintiffs may exceed the page limit in their Opposition to Defendants Motion for Forensic Examination and Expedited Discovery Relating to Konamis Pervasive Discovery Misconduct up to and including eight (8) pages, excluding attachments. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Opinion or Order Filing 296 ORDER granting 275 Motion for Extension of Time to File Response/Reply re 275 Opposed MOTION for Extension of Time to File Response/Reply as to 269 Sealed Response to Motion 270 Sealed Response to Motion. Responses due by 2/15/2010. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Opinion or Order Filing 295 ORDER that Mr. Antonio Piazza, Esq. will conduct a mediation between Plaintiffs Konami Digital Entertainment Co., Ltd. and Konami Digital Entertainment, Inc. and Defendants Harmonix Music Systems, Inc., MTV Networks, Viacom International Inc., and Viacom Inc. Mediation Conference set for 2/24/2010 at 09:00 am in New York, NY. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Opinion or Order Filing 294 ORDER granting 283 Motion for Leave to File Excess Pages. ORDERED that Plaintiffs may exceed the page limit in their Opposition to Motion for Evidentiary Preclusion up to and including nine (9) pages, excluding attachments. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Opinion or Order Filing 293 ORDER granting 278 Motion for Leave to File Excess Pages. ORDERED that Plaintiff may exceed the page limit in its Reply on its Motion to Preclude Late Produced Documents and Evidence or Argument Relating Thereto up toand including ten (10) pages, excluding attachments. Signed by Magistrate Judge John D. Love on 2/18/2010. (gsg)
February 18, 2010 Filing 292 Joint MOTION To Extend Deadline re 274 Order by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Carroll, Otis)
February 17, 2010 Filing 300 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 2/17/2010 re 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd., 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd., 255 SEALED MOTION for Evidentiary Preclusion to Redress Konami's Discovery Misconduct filed by Viacom International Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc., 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd., 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct filed by Viacom International Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc.. (Court Reporter Christie Humphries.) (mjm, )
February 17, 2010 Filing 291 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC CONFERENCE held on 2/1/10 before Judge John D. Love. Court Reporter/Transcriber: Exceptional Reporting Services,Telephone number: (361) 949-2988. (38 pages)NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or 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 3/15/2010. Redacted Transcript Deadline set for 3/23/2010. Release of Transcript Restriction set for 5/21/2010. (tja, )
February 16, 2010 Filing 290 SEALED REPLY to Response to Motion re 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Supp. Declaration of S. Christian Platt, # 2 Exhibit 41 to Supp. Platt Decl., # 3 Exhibit 42 to Supp. Platt Decl.)(Platt, S)
February 16, 2010 Filing 289 SEALED REPLY to Response to Motion re 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Supplemental Declaration of S. Ashlie Beringer, # 2 Exhibit 1 to Supplemental Beringer Declaration, # 3 Exhibit 2 to Supplemental Beringer Declaration, # 4 Exhibit 3 to Supplemental Beringer Declaration)(Reiter, Mark)
February 16, 2010 Filing 288 ***NOTICE OF DOCKET CORRECTION. ATTACHED CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL TO Document # 277 , Sealed Reply in Support. PLEASE NOTE.*** (mjc, )
February 15, 2010 Filing 287 SEALED REPLY to Response to Motion re 255 SEALED MOTION for Evidentiary Preclusion to Redress Konami's Discovery Misconduct filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Brooke Myers)(Reiter, Mark)
February 15, 2010 Filing 286 SEALED SUR-REPLY to Reply to Response to Motion re 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Reiter, Mark)
February 15, 2010 Filing 285 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. of Joint Notice of Mediation (Edelman, Michael)
February 15, 2010 Filing 284 Additional Attachments to Main Document: 281 Sealed Response to Motion,,,,,.. (Edelman, Michael)
February 15, 2010 Filing 283 Unopposed MOTION for Leave to File Excess Pages in Opposition to Motion for Evidentiary Preclusion by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave)(Edelman, Michael)
February 15, 2010 Filing 282 Unopposed MOTION for Leave to File Excess Pages on Opposition to Motion for Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave)(Edelman, Michael)
February 15, 2010 Filing 281 SEALED RESPONSE to Motion re 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order Denying Motion, # 2 Declaration of Mari Tasaki, # 3 Exhibit A to Tasaki Declaration, # 4 Declaration of Tomomi Tsubakisawa, # 5 Declaration of Michael Edelman, # 6 Exhibit 1 to Edelman Declaration, # 7 Exhibit 2 to Edelman Declaration, # 8 Exhibit 3 to Edelman Declaration, # 9 Exhibit 4 to Edelman Declaration, # 10 Exhibit 5 to Edelman Declaration, # 11 Exhibit 6 to Edelman Declaration, # 12 Exhibit 7 to Edelman Declaration, # 13 Exhibit 8 to Edelman Declaration, # 14 Exhibit 9 to Edelman Declaration, # 15 Exhibit 10 to Edelman Declaration, # 16 Exhibit 11 to Edelman Declaration, # 17 Exhibit 12 to Edelman Declaration, # 18 Exhibit 13 to Edelman Declaration, # 19 Exhibit 14 to Edelman Declaration, # 20 Exhibit 15 to Edelman Declaration, # 21 Exhibit 16 to Edelman Declaration, # 22 Exhibit 17 to Edelman Declaration, # 23 Exhibit 18 to Edelman Declaration, # 24 Exhibit 19 to Edelman Declaration, # 25 Exhibit 20 to Edelman Declaration)(Edelman, Michael)
February 13, 2010 Filing 280 PATENT INVALIDITY CONTENTIONS filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Reiter, Mark)
February 13, 2010 Filing 279 SEALED RESPONSE to Motion re 255 SEALED MOTION for Evidentiary Preclusion to Redress Konami's Discovery Misconduct filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Michael Edelman ISO Opposition to Motion, # 3 Exhibit A, # 4 Exhibit B PART 1, # 5 Exhibit B PART 2, # 6 Exhibit B PART 3, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R)(Edelman, Michael)
February 13, 2010 Filing 278 Unopposed MOTION for Leave to File Excess Pages on REPLY to Response to Motion re 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Platt, S)
February 12, 2010 Filing 277 SEALED REPLY to Response to Motion re 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit of S. Christian Platt, # 2 Exhibit 1 to Platt Decl., # 3 Exhibit 2 to Platt Decl., # 4 Exhibit 3 to Platt Decl., # 5 Exhibit 4 to Platt Decl., # 6 Exhibit 5 to Platt Decl., # 7 Exhibit 6 to Platt Decl.)(Platt, S) (Additional attachment(s) added on 2/16/2010: # 8 Certificate of Authorization to File Under Seal) (mjc, ).
February 12, 2010 Filing 276 RESPONSE to Motion re 275 Opposed MOTION for Extension of Time to File Response/Reply as to 269 Sealed Response to Motion,,,,, 270 Sealed Response to Motion,,,,,,,,,,,,,,,Opposed MOTION for Extension of Time to File Response/Reply as to 269 Sealed Response to Motion,,,,, 270 Sealed Response to Motion,,,,,,,,,,,,,,, filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Reiter, Mark)
February 12, 2010 Filing 275 Opposed MOTION for Extension of Time to File Response/Reply as to 269 Sealed Response to Motion,,,,, 270 Sealed Response to Motion,,,,,,,,,,,,,,, by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Race, Deborah)
February 11, 2010 Opinion or Order Filing 274 ORDER re 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc. The Court will hold a hearing to address these arguments on February 22, 2010 at 1:30pm CST. Signed by Magistrate Judge John D. Love on 2/11/2010. (gsg)
February 11, 2010 Opinion or Order Filing 273 ORDERED that Defendants Motion for Partial Summary Judgment for Indefiniteness is DENIED in part. Signed by Magistrate Judge John D. Love on 2/11/2010. (gsg)
February 11, 2010 Opinion or Order Filing 272 ORDER granting 271 Motion for Leave to File Excess Pages. Defendants are granted thriteen additional pages for their Opposition. Signed by Magistrate Judge John D. Love on 2/11/2010. (gsg)
February 10, 2010 Filing 271 Unopposed MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 9, 2010 Filing 270 SEALED RESPONSE to Motion re 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Eran Egozy, # 2 Affidavit Declaration of Warren Solow, # 3 Affidavit Declaration of Elvin Lee, # 4 Affidavit Declaration of Jason Lo, # 5 Exhibit 1 to Lo Declaration, # 6 Exhibit 2 to Lo Declaration, # 7 Exhibit 3 to Lo Declaration, # 8 Exhibit 4 to Lo Declaration, # 9 Exhibit 5 to Lo Declaration, # 10 Exhibit 6 to Lo Declaration, # 11 Exhibit 7 to Lo Declaration, # 12 Exhibit 8 to Lo Declaration, # 13 Exhibit 9 to Lo Declaration, # 14 Exhibit 10 to Lo Declaration, # 15 Exhibit 11 to Lo Declaration, # 16 Exhibit 12 to Lo Declaration, # 17 Exhibit 13 to Lo Declaration, # 18 Exhibit 14 to Lo Declaration, # 19 Exhibit 15 to Lo Declaration, # 20 Exhibit 16 to Lo Declaration, # 21 Exhibit 17 to Lo Declaration, # 22 Exhibit 18 to Lo Declaration, # 23 Exhibit 19 to Lo Declaration, # 24 Exhibit 20 to Lo Declaration, # 25 Exhibit 21 to Lo Declaration, # 26 Exhibit 22 to Lo Declaration, # 27 Exhibit 23 to Lo Declaration, # 28 Exhibit 24 to Lo Declaration, # 29 Exhibit 25 to Lo Declaration, # 30 Affidavit Declaration of S. Ashlie Beringer, # 31 Exhibit 1 to Beringer Declaration, # 32 Exhibit 2 to Beringer Declaration, # 33 Exhibit 3 to Beringer Declaration, # 34 Exhibit 4 to Beringer Declaration, # 35 Exhibit 5 to Beringer Declaration, # 36 Exhibit 6 to Beringer Declaration, # 37 Errata 7 to Beringer Declaration, # 38 Exhibit 8 to Beringer Declaration, # 39 Exhibit 9 to Beringer Declaration, # 40 Exhibit 10 to Beringer Declaration, # 41 Exhibit 11 to Beringer Declaration, # 42 Exhibit 12 to Beringer Declaration, # 43 Exhibit 13 to Beringer Declaration, # 44 Exhibit 14 to Beringer Declaration, # 45 Exhibit 15 to Beringer Declaration, # 46 Exhibit 16 to Beringer Declaration, # 47 Exhibit 17 to Beringer Declaration, # 48 Exhibit 18 to Beringer Declaration, # 49 Exhibit 19 to Beringer Declaration, # 50 Exhibit 20 to Beringer Declaration, # 51 Exhibit 21 to Beringer Declaration, # 52 Exhibit 22 to Beringer Declaration, # 53 Affidavit Declaration of Robert Vincent, # 54 Exhibit 1A to Vincent Declaration, # 55 Exhibit 1B - part 1 to Vincent Declaration, # 56 Exhibit 1B - part 2 to Vincent Declaration, # 57 Exhibit 1B - part 3 to Vincent Declaration, # 58 Exhibit 1B - part 4 to Vincent Declaration, # 59 Exhibit 2A to Vincent Declaration, # 60 Exhibit 2B to Vincent Declaration, # 61 Exhibit 3A to Vincent Declaration, # 62 Exhibit 3B to Vincent Declaration, # 63 Exhibit 4A to Vincent Declaration, # 64 Exhibit 4B to Vincent Declaration, # 65 Exhibit 5A to Vincent Declaration, # 66 Exhibit 5B to Vincent Declaration, # 67 Errata 6A to Vincent Declaration, # 68 Exhibit 6B to Vincent Declaration, # 69 Exhibit 7A to Vincent Declaration, # 70 Exhibit 7B to Vincent Declaration, # 71 Exhibit 8A to Vincent Declaration, # 72 Exhibit 8B to Vincent Declaration, # 73 Exhibit 9 to Vincent Declaration, # 74 Exhibit 10 to Vincent Declaration, # 75 Exhibit 11 to Vincent Declaration, # 76 Exhibit 12 to Vincent Declaration, # 77 Exhibit 13 to Vincent Declaration, # 78 Exhibit 14 to Vincent Declaration, # 79 Exhibit 15 to Vincent Declaration, # 80 Exhibit 16 to Vincent Declaration, # 81 Exhibit 17 to Vincent Declaration, # 82 Exhibit 18 to Vincent Declaration, # 83 Exhibit 19 to Vincent Declaration, # 84 Exhibit 20 to Vincent Declaration)(Reiter, Mark)
February 9, 2010 Filing 269 SEALED RESPONSE to Motion re 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of A. Rigopulos, # 2 Affidavit Declaration of S.A. Beringer, # 3 Exhibit Exhibit 1 to Beringer Declaration, # 4 Exhibit Exhibit 2 to Beringer Declaration, # 5 Exhibit Exhibit 3 to Beringer Declaration, # 6 Exhibit Exhibit 4 to Beringer Declaration, # 7 Exhibit Exhibit 5 to Beringer Declaration, # 8 Exhibit Exhibit 6 to Beringer Declaration, # 9 Exhibit Exhibit 7 to Beringer Declaration, # 10 Exhibit Exhibit 8 to Beringer Declaration, # 11 Exhibit Exhibit 9 to Beringer Declaration, # 12 Exhibit Exhibit 10 to Beringer Declaration, # 13 Exhibit Exhibit 11 to Beringer Declaration, # 14 Exhibit Exhibit 12 to Beringer Declaration, # 15 Exhibit Exhibit 13 to Beringer Declaration, # 16 Exhibit Exhibit 14 to Beringer Declaration, # 17 Exhibit Exhibit 15 to Beringer Declaration, # 18 Exhibit Exhibit 16 to Beringer Declaration, # 19 Exhibit Exhibit 17 to Beringer Declaration)(Reiter, Mark)
February 9, 2010 Filing 268 ***FILED IN ERROR. SEE ENTRY 269 FOR CORRECTION***RESPONSE in Opposition re 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of A. Rigopulos, # 2 Affidavit Declaration of S.A. Beringer, # 3 Exhibit Exhibit 1 to Beringer Declaration, # 4 Exhibit Exhibit 2 to Beringer Declaration, # 5 Exhibit Exhibit 3 to Beringer Declaration, # 6 Exhibit Exhibit 4 to Beringer Declaration, # 7 Exhibit Exhibit 5 to Beringer Declaration, # 8 Exhibit Exhibit 6 to Beringer Declaration, # 9 Exhibit Exhibit 7 to Beringer Declaration, # 10 Exhibit Exhibit 8 to Beringer Declaration, # 11 Exhibit Exhibit 9 to Beringer Declaration, # 12 Exhibit Exhibit 10 to Beringer Declaration, # 13 Exhibit Exhibit 11 to Beringer Declaration, # 14 Exhibit Exhibit 12 to Beringer Declaration, # 15 Exhibit Exhibit 13 to Beringer Declaration, # 16 Exhibit Exhibit 14 to Beringer Declaration, # 17 Exhibit Exhibit 15 to Beringer Declaration, # 18 Exhibit Exhibit 16 to Beringer Declaration, # 19 Exhibit Exhibit 17 to Beringer Declaration)(Reiter, Mark) Modified on 2/10/2010 (gsg).
February 9, 2010 Filing 267 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. re 254 Sealed Document of Defendants' Response to Plaintiffs' Notice of New Information relating to Claim Construction of '923 Patent (Reiter, Mark)
February 9, 2010 Opinion or Order Filing 266 ORDER granting 265 Motion for Extension of Time to File Response/Reply re 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS. Responses due by 2/9/2010. Signed by Magistrate Judge John D. Love on 2/9/2010. (gsg)
February 8, 2010 Filing 265 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Compel by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 8, 2010 Filing 264 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. of Compliance with Rule 26(a)(2) of the Federal Rules of Civil Procedure regarding Rebuttal Expert Reports (Reiter, Mark)
February 8, 2010 Filing 263 NOTICE by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. of Election of Claims (Edelman, Michael)
February 8, 2010 Opinion or Order Filing 262 ORDER re 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc. Denying in part Motion 218 MOTION for Partial Summary Judgment for Indefiniteness filed by Viacom, Inc. Signed by Magistrate Judge John D. Love on 2/8/2010. (gsg)
February 8, 2010 Opinion or Order Filing 261 ORDER granting 258 Motion for Leave to File Excess Pages in theirMotion for a Forensic Examination and Expedited Discovery Relating to Konamis Pervasive Discovery Misconduct. Defendants are granted an additional page for their motion. Signed by Magistrate Judge John D. Love on 2/8/2010. (gsg)
February 8, 2010 Opinion or Order Filing 260 ORDER granting 256 Motion for Leave to File Excess Pages in their Motion for Evidentiary Preclusion to Redress Konamis Discovery Misconduct. Defendants are granted three additional pages for their Motion. Signed by Magistrate Judge John D. Love on 2/8/2010. (gsg)
February 8, 2010 Opinion or Order Filing 259 ORDER Setting Hearing on Motions 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto, 255 SEALED MOTION for Evidentiary Preclusion to Redress Konami's Discovery Misconduct, 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS, 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein, 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct: Motion Hearing set for 2/17/2010 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 2/8/2010. (gsg)
February 8, 2010 ELECTRONIC NOTICE of Hearing on Motion 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct : Motion Hearing set for 2/17/2010 09:00 AM before Magistrate Judge John D. Love. (mjm, )
February 5, 2010 Filing 258 Unopposed MOTION for Leave to File Excess Pages for Defendants' Motion for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 5, 2010 Filing 257 SEALED MOTION for a Forensic Examination and Expedited Discovery Relating to Konami's Pervasive Discovery Misconduct by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of S. Ashlie Beringer, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33)(Reiter, Mark)
February 5, 2010 Filing 256 Unopposed MOTION for Leave to File Excess Pages for Defendants' Motion for Evidentiary Preclusion to Redress Konami's Discovery Misconduct (D.I. 255) by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 5, 2010 Filing 255 SEALED MOTION for Evidentiary Preclusion to Redress Konami's Discovery Misconduct by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Mark Reiter, # 3 Exhibit 1 to Reiter Declaration, # 4 Exhibit 2 to Reiter Declaration, # 5 Affidavit Declaration of S. Ashlie Beringer, # 6 Exhibit 1 to Beringer Declaration, # 7 Exhibit 2 to Beringer Declaration, # 8 Exhibit 3 to Beringer Declaration, # 9 Exhibit 4 to Beringer Declaration, # 10 Exhibit 5 to Beringer Declaration, # 11 Exhibit 6 to Beringer Declaration, # 12 Exhibit 7 to Beringer Declaration, # 13 Exhibit 8 to Beringer Declaration, # 14 Exhibit 9 to Beringer Declaration, # 15 Exhibit 10 to Beringer Declaration, # 16 Exhibit 11 to Beringer Declaration, # 17 Exhibit 12 to Beringer Declaration, # 18 Exhibit 13 to Beringer Declaration, # 19 Exhibit 14 to Beringer Declaration, # 20 Exhibit 15 to Beringer Declaration, # 21 Exhibit 16 to Beringer Declaration, # 22 Exhibit 17 to Beringer Declaration, # 23 Exhibit 18 to Beringer Declaration, # 24 Exhibit 19 to Beringer Declaration, # 25 Exhibit 20 to Beringer Declaration, # 26 Exhibit 21 to Beringer Declaration, # 27 Exhibit 22 to Beringer Declaration, # 28 Exhibit 23 to Beringer Declaration, # 29 Exhibit 24 to Beringer Declaration)(Reiter, Mark)
February 4, 2010 Filing 254 Sealed Document - Plaintiffs' Notice of New Information Relating to Claim Construction of '923 Patent (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Edelman, Michael)
February 4, 2010 Filing 253 NOTICE of Attorney Appearance by Charles Ainsworth on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Ainsworth, Charles)
February 4, 2010 Filing 252 NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Bunt, Robert)
February 4, 2010 Filing 251 NOTICE of Attorney Appearance by Robert M Parker on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Parker, Robert)
February 3, 2010 Opinion or Order Filing 250 SECOND AMENDED DOCKET CONTROL ORDER. Amended Pleadings due by 3/19/2010. Discovery due by 2/12/2010. Motions in Limine, Pretrial Objections, Objections to Rebuttal Deposition Testimony, and Joint Pretrial Order due by 3/26/2010. Second mediation to be completed by 2/27/2010. Signed by Magistrate Judge John D. Love on 2/3/2010. (gsg)
February 3, 2010 Filing 249 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. OF COMPLIANCE WITH FRCP 26(a)(2) (Bhakar, Vid)
February 3, 2010 Opinion or Order Filing 248 ORDER re 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. The Court ORDERS Defendants Harmonix Music Systems, Inc., MTV Networks, Viacom International Inc., and Viacom Inc. (collectively, Viacom or Defendants) to EXPEDITE A RESPONSE BY FEBRUARY 9, 2010 and a Sur-reply by February 15, 2010. The Court then ORDERS Konami to file a Reply by February 12, 2010. Signed by Magistrate Judge John D. Love on 2/3/2010. (gsg)
February 3, 2010 Opinion or Order Filing 247 MEMORANDUM OPINION AND ORDER granting 231 Emergency Motion to Compel. Signed by Magistrate Judge John D. Love on 2/3/2010. (gsg)
February 3, 2010 Opinion or Order Filing 246 ORDER granting 243 Unopposed Motion for Leave to File Excess Pages. Plaintiff may exceed the page limit in its Motion to Preclude Late Produced Documents and Evidence or Argument Relating Thereto up to and including twenty-one pages, excluding attachments. Signed by Magistrate Judge John D. Love on 2/3/2010. (gsg)
February 3, 2010 Opinion or Order Filing 245 ORDER granting 242 Motion for Leave to File Excess Pages. Defendants are granted one additional page for their Sur-Reply. Signed by Magistrate Judge John D. Love on 2/2/2010. (gsg)
February 2, 2010 Filing 244 SEALED MOTION to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit of Michael N. Edelman, # 2 Affidavit of S. Christian Platt, # 3 Exhibit 1 to Platt Decl, # 4 Exhibit 2 to Platt Decl, # 5 Exhibit 3 to Platt Decl, # 6 Exhibit 4 to Platt Decl, # 7 Exhibit 5 to Platt Decl, # 8 Exhibit 6 to Platt Decl, # 9 Exhibit 7 to Platt Decl, # 10 Exhibit 8 to Platt Decl, # 11 Exhibit 9 to Platt Decl, # 12 Exhibit 10 to Platt Decl, # 13 Exhibit 11 to Platt Decl, # 14 Exhibit 12 to Platt Decl, # 15 Exhibit 13 to Platt Decl, # 16 Exhibit 14 to Platt Decl, # 17 Exhibit 15 to Platt Decl, # 18 Exhibit 16 to Platt Decl, # 19 Exhibit 17 to Platt Decl, # 20 Exhibit 18 to Platt Decl, # 21 Exhibit 19 to Platt Decl, # 22 Exhibit 20 to Platt Decl, # 23 Exhibit 21 to Platt Decl, # 24 Exhibit 22 to Platt Decl, # 25 Exhibit 23 to Platt Decl, # 26 Exhibit 24 to Platt Decl, # 27 Exhibit 25 to Platt Decl, # 28 Exhibit 26, # 29 Exhibit 27 to Platt Decl, # 30 Exhibit 28 to Platt Decl, # 31 Exhibit 29 to Platt Decl, # 32 Exhibit 30 to Platt Decl, # 33 Exhibit 31 to Platt Decl, # 34 Exhibit 32 to Platt Decl, # 35 Exhibit 33, # 36 Text of Proposed Order)(Platt, S)
February 2, 2010 Filing 243 Unopposed MOTION for Leave to File Excess Pages to Plaintiffs' Motion to Establish a Rebuttable Presumption of Willful Infringement and Preclude Late Produced Documents and Evidence or Argument Relating Thereto by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Platt, S)
February 1, 2010 Filing 242 Unopposed MOTION for Leave to File Excess Pages for Defendants' Sur-Reply in opposition to Plaintiffs' Motion to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defense by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
February 1, 2010 Filing 241 SUR-REPLY to Reply to Response to Motion re 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer Rho, # 2 Exhibit A to Rho Declaration)(Reiter, Mark)
January 28, 2010 Filing 240 RESPONSE in Opposition re 231 Emergency MOTION to Compel Plaintiffs to Limit Number of Asserted Claims filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Declaration of Shanee Y.W. Nelson in Support of Plfs' Opposition to Defs' Emergency Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Text of Proposed Order)(Nelson, Shanee)
January 26, 2010 Opinion or Order Filing 239 ORDER Setting Hearing on Motion 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein. Motion Hearing set for 2/17/2010 10:00 AM before Magistrate Judge John D. Love. Dispositive Motions due by 2/26/2010 with Responses due March 15, 2010. Signed by Magistrate Judge John D. Love on 1/26/2010. (gsg)
January 25, 2010 Filing 238 SUR-REPLY to Reply to Response to Motion re 218 MOTION for Partial Summary Judgment for Indefiniteness filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Edelman, Michael)
January 25, 2010 Opinion or Order Filing 237 ORDER Setting Hearing on Motion re 231 Emergency MOTION to Compel Plaintiffs to Limit Number of Asserted Claims: Telephonic Hearing on Motion set for 2/1/2010 02:00 PM before Magistrate Judge John D. Love. Response to Viacom's Emergency Motion will be due by Thursday, January 28, 2010 at 5:00 pm CST. Signed by Magistrate Judge John D. Love on 1/25/2010. (gsg)
January 25, 2010 Opinion or Order Filing 236 ORDER granting 235 Motion for Leave to File Excess Pages. The Plaintiff may exceed the page limit up to and including eight pages, excluding attachments. Signed by Magistrate Judge John D. Love on 1/25/2010. (gsg)
January 22, 2010 Filing 235 Unopposed MOTION for Leave to File Excess Pages to Reply in Support of Plaintiffs' Motion to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Platt, S)
January 22, 2010 Filing 234 REPLY to Response to Motion re 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Supplemental Declaration of S. Christian Platt, # 2 Exhibit J to Supplemental Declaration of S. Christian Platt, # 3 Declaration of Ronald Lemieux, # 4 Declaration of Robert Masters, # 5 Declaration of Shanee Y.W. Nelson, # 6 Declaration of Deborah Race, # 7 Text of Proposed Order (Revised Order))(Platt, S)
January 22, 2010 Filing 233 SEALED ADDITIONAL ATTACHMENTS to Main Document: 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS. (Attachments: # 1 Exhibit 26, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Exhibit 31, # 7 Exhibit 32, # 8 Exhibit 33, # 9 Exhibit 34, # 10 Exhibit 35, # 11 Exhibit 36, # 12 Exhibit 37, # 13 Exhibit 38, # 14 Exhibit 39, # 15 Exhibit 40)(Platt, S)
January 22, 2010 Filing 232 SEALED MOTION TO COMPEL COMPLIANCE WITH PR 3-7, DOCUMENTS RELATING TO SUBJECT MATTER OF WAIVED ATTORNEY OPINION, AND DOCUMENTS LISTED ON DEFENDANTS' PRIVILEGE AND REDACTION LOGS by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Declaration of S. Christian Platt, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Text of Proposed Order)(Platt, S)
January 22, 2010 Filing 231 Emergency MOTION to Compel Plaintiffs to Limit Number of Asserted Claims by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Jennifer Rho, # 3 Exhibit A to Rho Declaration, # 4 Exhibit B to Rho Declaration, # 5 Exhibit C to Rho Declaration, # 6 Exhibit D to Rho Declaration, # 7 Exhibit E to Rho Declaration, # 8 Exhibit F to Rho Declaration)(Krevitt, Josh)
January 22, 2010 Opinion or Order Filing 230 ORDER granting 228 Motion for Extension of Time to File Surreply. Deadline to file extended to January 25, 2010 at 12:00 CST. Signed by Magistrate Judge John D. Love on 1/22/2010. (gsg)
January 21, 2010 Opinion or Order Filing 229 ORDER for Defendants to file motion for relief through the electronic filing system by January 27, 2010. Signed by Magistrate Judge John D. Love on 1/21/2010. (gsg)
January 21, 2010 Filing 228 Unopposed MOTION for Extension of Time to File Sur-Reply to Defendants' Reply ISO Renewed Partial Motion for Summary Judgment for Indefiniteness by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Hu, Keren)
January 21, 2010 Filing 227 NOTICE of Attorney Appearance by Frederick Brown on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Brown, Frederick)
January 21, 2010 Filing 226 NOTICE of Attorney Appearance by Howard Sean Hogan on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Hogan, Howard)
January 18, 2010 Filing 225 REPLY to Response to Motion re 218 MOTION for Partial Summary Judgment for Indefiniteness filed by Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Rob Vincent, # 2 Exhibit 1 to Vincent Declaration, # 3 Exhibit 2 to Vincent Declaration)(Reiter, Mark)
January 15, 2010 Opinion or Order Filing 224 ORDER for Plaintiff to pay $2,486.25 and Defendants collectively to pay $2,486.25 by January 29, 2010 to O'Keefe, Egan, Peterman & Enders, LLP. Signed by Magistrate Judge John D. Love on 1/15/2010. (gsg)
January 13, 2010 Filing 223 RESPONSE in Opposition re 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Jason Lo, # 2 Exhibit A to Lo Declaration, # 3 Affidavit Declaration of Mark Reiter)(Reiter, Mark)
January 12, 2010 Filing 222 RESPONSE in Opposition re 218 MOTION for Partial Summary Judgment for Indefiniteness filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Declaration of Michael N. Edelman in Opposition, # 2 Exhibit 1 to Declaration of Michael N. Edelman, # 3 Supplemental Declaration of Garry E. Kitchen in Opposition, # 4 Text of Proposed Order, # 5 Exhibit A to Proposed Order)(Edelman, Michael)
January 12, 2010 Filing 221 UPDATED P.R. 4-5(d) JOINT CLAIM CONSTRUCTION CHART filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit A - Chart)(Bhakar, Vid)
January 11, 2010 Filing 220 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. of Compliance with Rule 26(a)(2) of the Federal Rules of Civil Procedure (Reiter, Mark)
January 11, 2010 Filing 219 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. OF COMPLIANCE WITH FRCP RULE 26(a)(2) (Bhakar, Vid)
January 5, 2010 Filing 218 Denied in Part per Order 262 MOTION for Partial Summary Judgment for Indefiniteness by Viacom, Inc.. Responses due by 1/12/2010 (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Robert Vincent in support of Viacom's Renewed Motion for Partial Summary Judgment for Indefiniteness, # 3 Exhibit 1 to Vincent Declaration, # 4 Exhibit 2 to Vincent Declaration, # 5 Exhibit 3 to Vincent Declaration)(Reiter, Mark) Modified on 2/8/2010 (gsg).
January 4, 2010 Filing 217 NOTICE by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. Re Parties' Meet and Confer Pursuant to the Court's Order of December 14, 2009 (Attachments: # 1 Exhibit Exhibit A to Notice, # 2 Exhibit Exhibit B to Notice)(Bhakar, Vid)
January 4, 2010 ***FILED IN ERROR. Document # 216 , Notice. PLEASE IGNORE. TO BE REFILED WITH EXHIBITS AS ATTACHMENTS.*** (mjc, )
December 30, 2009 Filing 216 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. RE PARTIES' MEET AND CONFER PURSUANT TO THE COURT'S ORDER OF DECEMBER 14, 2009 (Bhakar, Vid) Modified on 1/4/2010 (mjc, ).
December 30, 2009 Opinion or Order Filing 215 ORDER that the Court sets forth the foregoing constructions on a provisional basis. The parties are ordered to provide the Court with an updated Joint Claim Construction Chart reflecting these provisional constructions by 1-12-2010. Signed by Magistrate Judge John D. Love on 12/30/09. cc:attys 12-30-09(mll, )
December 29, 2009 Filing 214 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. Plaintiffs' Designation of Co-Lead Counsel (Edelman, Michael)
December 29, 2009 Filing 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. Responses due by 1/14/2010 (Attachments: # 1 Affidavit of S. Christian Platt in Support, # 2 Exhibit A to Platt Decl., # 3 Exhibit B to Platt Decl., # 4 Exhibit C to Platt Decl., # 5 Exhibit D to Platt Decl., # 6 Exhibit E to Platt Decl., # 7 Exhibit F to Platt Decl., # 8 Exhibit G to Platt Decl., # 9 Exhibit H to Platt Decl., # 10 Exhibit I to Platt Decl., # 11 Text of Proposed Order)(Platt, S)
December 29, 2009 Opinion or Order Filing 212 ORDER granting 211 Motion to Continue the Date for the Exchange of Opening Expert Reports to 1/8/2010. Signed by Magistrate Judge John D. Love on 12/29/09. (mjc, )
December 28, 2009 Filing 211 Joint MOTION to Continue the Date for Exchange of Opening Expert Reports by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
December 23, 2009 Opinion or Order Filing 210 ORDER granting 192 Sealed Motion. Signed by Magistrate Judge John D. Love on 12/23/2009. (gsg)
December 22, 2009 Filing 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Markman Hearing held on October 29, 2009 before Judge John D. Love. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-590-1096. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (183 pages) Redaction Request due 1/15/2010. Redacted Transcript Deadline set for 1/25/2010. Release of Transcript Restriction set for 3/25/2010. (rem, )
December 22, 2009 Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Motion Hearing held on October 2, 2009 before Judge John D. Love. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-590-1096. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (67 pages). Redaction Request due 1/15/2010. Redacted Transcript Deadline set for 1/25/2010. Release of Transcript Restriction set for 3/25/2010. (rem, )
December 17, 2009 Filing 207 NOTICE by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. of Service of Supplemental Damages Computation (Nelson, Shanee)
December 15, 2009 Filing 206 SEALED RESPONSE to Motion re 192 SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Jason C. Lo in Support of Defendants' Opposition to Motion for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(B), # 2 Affidavit Declaration of Daniel Schmidt in Support of Defendants' Opposition to Motion for Leave to Supplement Infringement Contentions Pursuant to P.R.3-6(B), # 3 Exhibit 1 to Lo Declaration, # 4 Exhibit 2 to Lo Declaration, # 5 Exhibit 3 to Lo Declaration, # 6 Exhibit 4 to Lo Declaration, # 7 Exhibit 5 to Lo Declaration, # 8 Exhibit 6 to Lo Declaration, # 9 Exhibit 7 to Lo Declaration, # 10 Exhibit 8 to Lo Declaration, # 11 Exhibit 9 to Lo Declaration, # 12 Exhibit 10 to Lo Declaration, # 13 Exhibit 11 to Lo Declaration, # 14 Exhibit 12 to Lo Declaration, # 15 Exhibit 13 to Lo Declaration, # 16 Exhibit 14 to Lo Declaration, # 17 Exhibit 15 to Lo Declaration, # 18 Exhibit 16 to Lo Declaration)(Reiter, Mark)
December 15, 2009 Filing 205 APPLICATION to Appear Pro Hac Vice by Attorney Brock S Weber for Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (mll, )
December 14, 2009 Opinion or Order Filing 204 MEMORANDUM AND OPINION and ORDER denying 127 SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) filed by Konami Digital Entertainment Co, Ltd. Signed by Magistrate Judge John D. Love on 12/14/2009. (gsg)
December 14, 2009 Opinion or Order Filing 203 ORDER terminating 138 Motion for Summary Judgment; denying 174 Motion to Strike. The parties are ORDERED to exchange competing algorithm proposals by December 18, 2009 and then meet and confer by December 23, 2009. Signed by Magistrate Judge John D. Love on 12/14/2009. (gsg)
December 9, 2009 Filing 202 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. re 201 Sealed Document, Executed Certificate of Service (Platt, S) (Additional attachment(s) added on 12/10/2009: # 1 Signed Certificate of Service) (mjc, ).
December 8, 2009 Filing 201 Sealed Document - Konami Digital Entertainment Co., Ltd.'s and Konami Digital Entertainment, Inc.'s Response to 200 Defs' Notice of New Information Relating to Claim Construction of the Patents-in-Suit (Attachments: # 1 Declaration of S. Christian Platt in Support of Plfs' Response to Defs' Notice of New Information Relating to Claim Construction of the Patents-in-Suit and Exhibit)(Platt, S)
December 8, 2009 Filing 200 Sealed Document - Defendants' Notice of New Information Relating to Claim Construction of the Patents-in-Suit (Attachments: # 1 Affidavit Declaration of Jennifer Rho in support of Defendants' Notice of New Information, # 2 Exhibit 1 to Rho Declaration, # 3 Exhibit 2 to Rho Declaration)(Reiter, Mark)
December 7, 2009 Filing 199 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 12/7/2009 re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Court Reporter Kimberly Julian.) (mjm, )
December 3, 2009 Opinion or Order Filing 198 ORDER granting 142 Sealed Motion. The Court ORDERS that Harmonixs initial production of files from the Perforce database be completed by December 23, 2009. Signed by Magistrate Judge John D. Love on 12/3/2009. (gsg)
December 2, 2009 Opinion or Order Filing 197 AMENDED DOCKET CONTROL ORDER: (Amended Pleadings due by 2/26/2010. Fact Discovery due by 12/29/2009. Expert Discovery due 1/28/2010. Dispositive Motions due by 2/2/2010. Joint Pretrial Order, Joint Proposed Jury Instructions due by 3/19/2010. Jury Trial set for 4/12/2010 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 12/2/2009. (gsg)
December 2, 2009 Opinion or Order Filing 196 ORDER re 193 Joint MOTION to Amend/Correct 45 Order, Set Deadlines/Hearings, Post Claim Construction Joint MOTION to Amend/Correct 45 Order, Set Deadlines/Hearings, Post Claim Construction filed by Viacom International Inc., MTV Networks, Co., Konami Digital Entertainment, Inc., Viacom, Inc., Harmonix Music Systems, Inc., Konami Digital Entertainment Co, Ltd. Jury Selection set for 4/12/2010 09:00 AM before Magistrate Judge John D. Love. Pretrial Conference set for 4/2/2010 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 12/2/2009. (gsg)
December 2, 2009 Filing 195 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 12/2/2009 re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Court Reporter Kimberly Julian.) (mjm, )
December 1, 2009 Filing 194 ***NOTICE OF DOCKET CORRECTION. CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL ATTACHED TO Document # 192 , Sealed Motion for Leave. PLEASE NOTE.*** (mjc, )
November 30, 2009 Filing 193 Joint MOTION to Amend/Correct 45 Order, Set Deadlines/Hearings,, Post Claim Construction by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Proposed Amended Procedural Schedule)(Reiter, Mark)
November 25, 2009 Filing 192 SEALED MOTION for Leave to Supplement Infringement Contentions Pursuant to P.R. 3-6(b) by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3, # 4 Exhibit A, Part 4, # 5 Exhibit A, Part 5, # 6 Affidavit of S. Nelson In Support of Motion for Leave to Supplement Infringement Contentions, # 7 Exhibit 1, Part 1, # 8 Exhibit 1, Part 2, # 9 Exhibit 1, Part 3, # 10 Exhibit 1, Part 4, # 11 Exhibit 1, Part 5, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8, # 19 Exhibit 9, # 20 Exhibit 10, # 21 Exhibit 11, # 22 Exhibit 12, # 23 Exhibit 13, # 24 Exhibit 14, # 25 Exhibit 15, # 26 Exhibit 16, # 27 Exhibit 17, # 28 Exhibit 18, # 29 Exhibit 19, # 30 Exhibit 20, # 31 Exhibit 21, # 32 Exhibit 22, # 33 Exhibit 23, # 34 Exhibit 24, # 35 Text of Proposed Order)(Nelson, Shanee) (Additional attachment(s) added on 12/1/2009: # 36 Certificate of Authorization to File Under Seal) (mjc, ).
November 24, 2009 Filing 191 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. re 187 Order Setting Hearing on Motion, JOINT NOTICE REGARDING MOTION TO COMPEL DEFENDANTS' SOURCE CODE DATABASE (Edelman, Michael)
November 18, 2009 Opinion or Order Filing 190 ORDER granting 189 Unopposed Motion to Amend Commission for Depositions in Japan. Signed by Magistrate Judge John D. Love on 11/18/2009. (gsg)
November 17, 2009 Filing 189 Unopposed MOTION to Amend/Correct Commissions for Depositions in Japan by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit A - Commission for Depositions (Osaka, Japan), # 2 Exhibit B - Commission for Depositions (Tokyo, Japan), # 3 Text of Proposed Order)(Nelson, Shanee)
November 16, 2009 Opinion or Order Filing 188 ORDER for bill by technical advisor to be paid by November 30, 2009. Plaintiff to pay one half, $8,979.02, and Defendants to pay one half, $8,979.03. Signed by Magistrate Judge John D. Love on 11/16/2009. (gsg)
November 12, 2009 Opinion or Order Filing 187 ORDER Setting Hearing on Motion 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE. Parties are encouraged to work together to resolve discovery disputes, but if the parties are unable to reach agreement, the Court will conduct a hearing to address all outstanding requests presented in the briefing accompanying the Motion to Compel on 12/2/2009 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 11/12/2009. (gsg)
November 9, 2009 Filing 186 SEALED REPLY to Response to Motion re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Reiter Declaration, # 2 Exs 1-4 to Reiter Declaration, # 3 Harmonix's Evidentiary Objections to Strawn Declaration)(Reiter, Mark)
November 9, 2009 Opinion or Order Filing 185 ORDER granting 184 Motion for Issuance of Letters Rogatory. Signed by Magistrate Judge John D. Love on 11/9/2009. (gsg)
November 6, 2009 Filing 184 Unopposed MOTION for Issuance of Letters Rogatory in the form of Commission for Depositions in Tokyo, Japan by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Commission for Depositions in Tokyo, Japan)(Reiter, Mark)
November 6, 2009 Filing 183 Sealed Document. Harmonix's Evidentiary Objections to Declaration of Strawn (Reiter, Mark) (Additional attachment(s) added on 11/13/2009: # 1 Text of Proposed Order) (mjc, ).
November 6, 2009 Filing 182 SEALED ADDITIONAL ATTACHMENTS to Main Document: 181 Sealed Reply to Response to Motion. Reiter Declaration in Support of Defendants' Sur-Reply (Attachments: # 1 Exhibit Exs 1-4 to Reiter Decl)(Reiter, Mark)
November 6, 2009 Filing 181 SEALED REPLY to Response to Motion re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Reiter, Mark)
November 4, 2009 Filing 180 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. Identifying Lead Counsel and of Re-Filing Their Motion to Compel Patent Prosecution Files (Reiter, Mark)
November 2, 2009 Opinion or Order Filing 178 ORDER granting 177 Motion for Issuance of Letters Rogatory and for Commission for Depositions in Japan. Signed by Magistrate Judge John D. Love on 11/02/09. cc:attys 11-02-09 (mll, )
October 30, 2009 Filing 177 Unopposed MOTION for Issuance of Letters Rogatory in the form of Commission for Depositions in Japan by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Commission for Depositions in Japan)(Reiter, Mark)
October 30, 2009 Filing 176 ***NOTICE OF DOCKET CORRECTION. ATTACHED CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL TO Document # 165 , Sealed Claim Construction Sur-reply. PLEASE NOTE.*** (mjc, )
October 29, 2009 Filing 179 Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 10/29/2009, Motion Hearing held on 10/29/2009 re 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc. (Court Reporter Jan Mason.) (mjm, )
October 28, 2009 Filing 175 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. re 102 Claim Construction Brief, Supplemental Declaration of Michael N. Edelman in Support of Konami Plaintiffs' Proposed Claim Constructions (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Edelman, Michael)
October 28, 2009 Filing 174 MOTION to Strike 138 MOTION for Summary Judgment for Indefiniteness and Declarations of Stephen Bristow [138 and 163] by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Platt, S)
October 28, 2009 Filing 173 SUR-REPLY to Reply to Response to Motion re 138 MOTION for Summary Judgment for Indefiniteness filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Platt, S)
October 28, 2009 Filing 172 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. of Terms to Be Argued at the Markman Hearing (Reiter, Mark)
October 27, 2009 Opinion or Order Filing 171 ORDER granting 166 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 10/27/2009. (gsg)
October 27, 2009 Opinion or Order Filing 170 ORDER granting 164 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 10/27/2009. (gsg)
October 26, 2009 Filing 169 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. re 165 Response to Non-Motion,,,, of Certificate of Authorization to File their Claim Construction Surreply Under Seal (Rho, Jennifer)
October 26, 2009 Filing 168 SEALED REPLY to Response to Motion re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Declaration of John Strawn, Ph.D., # 2 Reply Declaration of Shanee Y. W. Nelson, # 3 Exhibit Exhibit 1 to Reply Declaration of Shanee Y.W. Nelson, # 4 Exhibit Exhibit 2 to Reply Declaration of Shanee Y.W. Nelson, # 5 Exhibit Exhibit 3 to Reply Declaration of Shanee Y.W. Nelson, # 6 Exhibit Exhibit 4 to Reply Declaration of Shanee Y.W. Nelson, # 7 Exhibit Exhibit 5 to Reply Declaration of Shanee Y.W. Nelson, # 8 Exhibit Exhibit 6 to Reply Declaration of Shanee Y.W. Nelson, # 9 Exhibit Exhibit 7 to Reply Declaration of Shanee Y.W. Nelson, # 10 Exhibit Exhibit 8 to Reply Declaration of Shanee Y.W. Nelson)(Nelson, Shanee)
October 26, 2009 Filing 167 Joint CLAIM CONSTRUCTION CHART filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Reiter, Mark)
October 26, 2009 Filing 166 Unopposed MOTION for Leave to File Excess Pages for Defendants' Claim Construction Surreply Brief by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
October 26, 2009 Filing 165 SEALED RESPONSE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. to 148 Reply to Claim Construction Brief, filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Supplemental Declaration of Jennifer Rho in support of Defendants' Claim Construction Surreply Brief, # 2 Exhibit A to Rho Supplemental Declaration, # 3 Exhibit B to Rho Supplemental Declaration, # 4 Exhibit C to Rho Supplemental Declaration, # 5 Exhibit D to Rho Supplemental Declaration, # 6 Exhibit E to Rho Supplemental Declaration, # 7 Exhibit F to Rho Supplemental Declaration, # 8 Exhibit G to Rho Supplemental Declaration, # 9 Exhibit H to Rho Supplemental Declaration, # 10 Exhibit I to Rho Supplemental Declaration, # 11 Exhibit J to Rho Supplemental Declaration, # 12 Exhibit K to Rho Supplemental Declaration, # 13 Exhibit L to Rho Supplemental Declaration, # 14 Affidavit Supplemental Declaration of Stephen Bristow, # 15 Exhibit 1 to Bristow Supplemental Declaration, # 16 Response to Objections to Declaration of Stephen Bristow)(Reiter, Mark) (Additional attachment(s) added on 10/30/2009: # 17 Certificate of Authorization to File Under Seal) (mjc, ).
October 26, 2009 Filing 164 Unopposed MOTION for Leave to File Excess Pages for Viacom's Reply in support of its Motion for Partial Summary Judgment for Indefiniteness by Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
October 26, 2009 Filing 163 REPLY to Response to Motion re 138 MOTION for Summary Judgment for Indefiniteness filed by Viacom, Inc.. (Attachments: # 1 Affidavit Supplemental Declaration of Robert Vincent in support of Viacom's Reply, # 2 Exhibit 1 to Vincent Supplemental Declaration, # 3 Exhibit 2 to Vincent Supplemental Declaration, # 4 Affidavit Supplemental Declaration of Stephen Bristow, # 5 Exhibit 1 to Bristow Supplemental Declaration)(Reiter, Mark)
October 26, 2009 Filing 162 Defendants SEALED Sur-REPLY in Opposition re 127 SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Reiter, Mark)
October 23, 2009 Opinion or Order Filing 161 ORDER granting 160 Motion for Extension of Time. The deadline for parties to comply with PR 4-5(d) is extended to 10-26-2009. Signed by Magistrate Judge John D. Love on 10/23/09. cc:attys 10-23-09 (mll, )
October 22, 2009 Filing 160 Unopposed MOTION for Extension of Time to File Claim Construction Chart by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Race, Deborah)
October 22, 2009 Opinion or Order Filing 159 MEMORANDUM AND OPINION and ORDER denying 113 SEALED MOTION to Compel Production of Patent Prosecution Files filed by Viacom International Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc. Signed by Magistrate Judge John D. Love on 10/22/2009. (gsg)
October 21, 2009 Opinion or Order Filing 158 ORDER for parties to participate in a Telephonic Status Conference set for Friday, 10/23/2009 02:30 PM CST before Magistrate Judge John D. Love.) Signed by Magistrate Judge John D. Love on 10/20/2009. (gsg)
October 19, 2009 Filing 157 SUR-REPLY to Reply to Response to Motion re 113 SEALED MOTION to Compel Production of Patent Prosecution Files Relating to Beat Rhythm Games filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Platt, S)
October 19, 2009 Opinion or Order Filing 155 ORDER granting 149 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit. Signed by Magistrate Judge John D. Love on 10/19/2009. (kls, )
October 16, 2009 Filing 154 REPLY to Response to Motion re 127 SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Konami's Second Request for Judicial Notice, # 2 Exhibit 1 - Part 1 to Konami's Second Request for Judicial Notice, # 3 Exhibit 1 - Part 2 to Konami's Second Request for Judicial Notice, # 4 Exhibit 1 - Part 3 to Konami's Second Request for Judicial Notice, # 5 Exhibit 1 - Part 4 to Konami's Second Request for Judicial Notice, # 6 Exhibit 2 to Konami's Second Request for Judicial Notice)(Edelman, Michael)
October 15, 2009 Filing 153 SEALED RESPONSE to Motion re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Lo Declaration, # 2 Exhibit Ex. 1 to Lo Declaration, # 3 Exhibit Ex. 2 to Lo Declaration, # 4 Exhibit Ex. 3 to Lo Declaration, # 5 Exhibit Ex. 4 to Lo Declaration, # 6 Affidavit Egozy Declaration)(Reiter, Mark)
October 13, 2009 Filing 152 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. of Estimated Amount of Time Requested for Markman Hearing (Bhakar, Vid)
October 13, 2009 Filing 151 RESPONSE in Opposition re 138 MOTION for Summary Judgment for Indefiniteness filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Declaration of S. Christian Platt in Support of Opposition, # 2 Exhibit 1 to Declaration of S. Christian Platt, # 3 Exhibit 2 to Declaration of S. Christian Platt, # 4 Exhibit 3 to Declaration of S. Christian Platt, # 5 Exhibit 4 to Declaration of S. Christian Platt, # 6 Expert Declaration of Garry E. Kitchen, # 7 Text of Proposed Order)(Platt, S)
October 13, 2009 Filing 150 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. of Estimated Amount of Time Requested for Markman Hearing (Reiter, Mark)
October 13, 2009 Filing 149 Unopposed MOTION for Leave to File Excess Pages for KONAMI'S REPLY CLAIM CONSTRUCTION BRIEF by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Edelman, Michael)
October 13, 2009 Filing 148 REPLY 102 Claim Construction Brief, filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Reply Declaration of Michael N. Edelman, # 2 Exhibit 1 to Edelman Reply Declaration, # 3 Exhibit 2 of Edelman Reply Declaration, # 4 Exhibit 3 to Edelman Reply Declaration, # 5 Exhibit 4 to Edelman Reply Declaration, # 6 Exhibit 5 to Edelman Reply Declaration, # 7 Exhibit 6 to Edelman Reply Declaration, # 8 Declaration of Gary S. Brown, # 9 Exhibit 1 to Declaration of Gary S. Brown, # 10 Exhibit 2 to Declaration of Gary S. Brown, # 11 Expert Declaration of Garry E. Kitchen, # 12 Objections to Declaration of Stephen Bristow)(Edelman, Michael)
October 8, 2009 Filing 147 REPLY to Response to Motion re 113 SEALED MOTION to Compel Production of Patent Prosecution Files filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer Rho iso Defendants' Reply iso Motion to Compel Patent Prosecution Files, # 2 Exhibit A to Rho Declaration)(Reiter, Mark)
October 5, 2009 Filing 146 SEALED RESPONSE to Motion re 127 SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Reiter, Mark)
October 2, 2009 Filing 145 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 10/2/2009 re 92 SEALED MOTION For Leave to Supplement Invalidity Contentions filed by Viacom International Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc.. (Court Reporter Jan Mason.) (mjm, )
September 30, 2009 Filing 144 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. re 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE -- NOTICE OF AMENDED CERTIFICATE OF CONFERENCE IN SUPPORT OF MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE (Nelson, Shanee)
September 29, 2009 Opinion or Order Filing 143 ORDER granting 141 Motion for Leave to File Excess Pages. ORDERED that Konami may exceed the five page limit by three pages in its surreply. Signed by Magistrate Judge John D. Love on 9/29/2009. (gsg)
September 29, 2009 Filing 142 SEALED MOTION TO COMPEL DEFENDANTS TO PRODUCE HARMONIX'S SOURCE CODE DATABASE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaratin of Shanee Y.W. Nelson in Support of Plfs' Motion to Compel Defs to Produce Harmonix's Source Code Database, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Nelson, Shanee)
September 28, 2009 Filing 141 Unopposed MOTION for Leave to File Excess Pages TO SURREPLY TO DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT INVALIDITY CONTENTIONS by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Edelman, Michael)
September 28, 2009 Filing 140 SEALED SUR-REPLY to Reply to Response to SEALED Motion re 92 SEALED MOTION For Leave to Supplement Invalidity Contentions filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaration of Shanee Y.W. Nelson in Support of Konami's Surreply in Opposition to Motion for Leave to Supplement Defendants' Invalidity Contentions, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Edelman, Michael)
September 28, 2009 Opinion or Order Filing 139 ORDER granting 136 Motion for Leave to File Excess Pages. ORDERED that Viacom may exceed the thirty page limit by ten pages. Signed by Magistrate Judge John D. Love on 9/28/2009. (gsg)
September 25, 2009 Filing 138 MOTION for Summary Judgment for Indefiniteness by Viacom, Inc.. (Attachments: # 1 Affidavit Vincent Declaration, # 2 Exhibit Ex. 1 to Vincent Declaration, # 3 Exhibit Ex. 2 to Vincent Declaration, # 4 Exhibit Ex. 3 to Vincent Declaration, # 5 Exhibit Ex. 4 to Vincent Declaration, # 6 Exhibit Ex. 5 to Vincent Declaration, # 7 Exhibit Ex. 6 to Vincent Declaration, # 8 Affidavit Bristow Declaration, # 9 Exhibit Ex. 1 to Bristow Declaration, # 10 Exhibit Ex. 2 to Bristow Declaration, # 11 Text of Proposed Order)(Reiter, Mark)
September 25, 2009 Filing 137 Filed in Error. See entry 138 for Correction. MOTION for Summary Judgment for Indefiniteness by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Vincent Declaration, # 2 Exhibit Ex. 1 to Vincent Declaration, # 3 Exhibit Ex. 2 to Vincent Declaration, # 4 Exhibit Ex. 3 to Vincent Declaration, # 5 Exhibit Ex. 4 to Vincent Declaration, # 6 Exhibit Ex. 5 to Vincent Declaration, # 7 Exhibit Ex. 6 to Vincent Declaration, # 8 Text of Proposed Order)(Reiter, Mark) Modified on 9/28/2009 (gsg).
September 25, 2009 Filing 136 Unopposed MOTION for Leave to File Excess Pages for Claim Construction Brief by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
September 25, 2009 Filing 135 CLAIM CONSTRUCTION BRIEF filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Rho Declaration, # 2 Exhibit Ex. 1 to Rho Declaration, # 3 Exhibit Ex. 2 to Rho Declaration, # 4 Exhibit Ex. 3 (pt. 1) to Rho Declaration, # 5 Exhibit Ex. 3 (pt. 2) to Rho Declaration, # 6 Exhibit Ex. 3 (pt. 3) to Rho Declaration, # 7 Exhibit Ex. 4 to Rho Declaration, # 8 Exhibit Ex. 5 to Rho Declaration, # 9 Affidavit Bristow Declaration, # 10 Exhibit Ex. 1 to Bristow Declaration, # 11 Exhibit Ex. 2 to Bristow Declaration, # 12 Affidavit Takeda Declaration, # 13 Exhibit Ex. 1 to Takeda Declaration, # 14 Exhibit Ex. 2 to Takeda Declaration, # 15 Exhibit Ex. 3 to Takeda Declaration)(Reiter, Mark)
September 25, 2009 Filing 134 RESPONSE in Opposition re 113 SEALED MOTION to Compel Production of Patent Prosecution Files NON-PARTIES JORDAN & HAMBURG LLP, FRANK JORDAN AND HERBERT RUSCHMANN AND PLAINTIFFS' OPPOSITION TO MOTION filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaration of Michael N. Edelman in Opposition to Motion to Compel Production of Patent Prosecution Files Relating to Beat Rhythm Games, # 2 Text of Proposed Order)(Platt, S)
September 25, 2009 Filing 133 APPLICATION to Appear Pro Hac Vice by Attorney Robert M Masters for Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (mll, )
September 22, 2009 Opinion or Order Filing 132 ORDER re 107 Sealed Response to Motion filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. Court ORDERS Clerk of the Court to delete Exhibit 6, Declaration of Michael N. Edelman, from the docket as it was originally filed on September 3, 2009. Signed by Magistrate Judge John D. Love on 9/22/2009. (gsg)
September 22, 2009 Opinion or Order Filing 131 ORDER granting 130 Motion for Leave to File Excess Pages. Defendants may exceed the five page limit by four pages. Signed by Magistrate Judge John D. Love on 9/22/2009. (gsg)
September 21, 2009 Filing 130 Unopposed MOTION for Leave to File Excess Pages for Defendants' Reply in support of their Motion for Leave to Supplement Invalidity Contentions by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
September 21, 2009 Filing 129 SEALED REPLY to Response to Motion re 92 SEALED MOTION For Leave to Supplement Invalidity Contentions filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Affidavit Reply Declaration of Jennifer Rho in support of Defendants' Reply in support of their Motion for Leave to Supplement Invalidity Contentions, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V)(Reiter, Mark)
September 18, 2009 Filing 128 ***CORRECTED DOCUMENT. REPLACES 107 .***SEALED RESPONSE to Motion re 92 SEALED MOTION For Leave to Supplement Invalidity Contentions filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaration of Michael N. Edelman in Opposition to Defendants' Motion to Supplement Invalidity Contentions, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Affidavit Declaration of Shanee Y.W. Nelson in Support of Konami's Opposition to Motion for Leave to Supplement Defendants' Invalidity Contentions, # 61 Exhibit A, # 62 Exhibit B Part 1, # 63 Exhibit B Part 2, # 64 Exhibit B Part 3, # 65 Exhibit C, # 66 Exhibit D Part 1, # 67 Exhibit D Part 2, # 68 Exhibit D Part 3, # 69 Exhibit E, # 70 Exhibit F, # 71 Exhibit G, # 72 Text of Proposed Order)(Edelman, Michael) Modified on 9/21/2009 (mjc, ).
September 18, 2009 Filing 127 SEALED MOTION To Dismiss And Or Strike Allegations Of Inequitable Conduct Pursuant To FRCP 9(b), 12(b)(6) and 12(f) by Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of M. Edelman In Support of Motion to Dismiss and/or Strike Allegations of Inequitable Conduct, # 3 Exhibit A to Edelman Declaration, # 4 Exhibit B to Edelman Declaration, # 5 Exhibit C to Edelman Declaration, # 6 Supplement Request for Judicial Notice, # 7 Exhibit 1 to Request for Judicial Notice, # 8 Text of Proposed Order Granting Request for Judicial Notice)(Edelman, Michael)
September 18, 2009 Opinion or Order Filing 126 ORDER granting 120 Sealed Motion. Signed by Magistrate Judge John D. Love on 9/18/2009. (gsg)
September 18, 2009 Opinion or Order Filing 125 ORDER appointing Richard Egan rep by Richard D Egan as Technical Advisor. Signed by Magistrate Judge John D. Love on 9/18/2009. (gsg)
September 18, 2009 Opinion or Order Filing 124 ORDER granting 123 Motion for Extension of Time to File. ORDERED that the deadline for Defendants to file and serve their Reply Brief in support of their August 14, 2009 motion to Supplement Their Invalidity Contentions is extended to September 21, 2009. Signed by Magistrate Judge John D. Love on 9/18/2009. (gsg)
September 17, 2009 Filing 123 Unopposed MOTION for Extension of Time to File Reply in support of Motion for leave to Supplement Invalidity Contentions by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Beringer, Susan)
September 17, 2009 Opinion or Order Filing 122 ORDER Setting Hearing on Motion 92 SEALED MOTION For Leave to Supplement Invalidity Contentions : Motion Hearing set for 10/2/2009 09:30 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 9/17/2009. (gsg)
September 17, 2009 Filing 121 SEALED CORRECTED ATTACHMENTS to Main Document: 120 Unopposed SEALED MOTION TO WITHDRAW EXHIBIT FROM DOCKET NO. 107 AND TO AMEND OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT INVALIDITY CONTENTIONS. (Attachments: # 1 Exhibit 1)(Nelson, Shanee)
September 17, 2009 Filing 120 Unopposed SEALED MOTION TO WITHDRAW EXHIBIT FROM DOCKET NO. 107 AND TO AMEND OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT INVALIDITY CONTENTIONS by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Nelson, Shanee)
September 17, 2009 ***FILED IN ERROR. Document # 119, Sealed Motion to Withdraw. PLEASE IGNORE. DOES NOT CONTAIN A CERTIFICATE OF CONFERENCE OR STATE IF UNOPPOSED.*** (mjc, )
September 16, 2009 Filing 119 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** SEALED MOTION TO WITHDRAW EXHIBIT FROM DOCKET NO. 107 AND TO AMEND OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT INVALIDITY CONTENTIONS by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Nelson, Shanee) Modified on 9/17/2009 (mjc, ).
September 15, 2009 Opinion or Order Filing 118 ORDER granting 117 Motion for Extension of Time to File Response/Reply re 117 Joint MOTION for Extension of Time to File Response/Reply to Defendants' Amended Answer and Counterclaims to First Amended Complaint Responses due by 9/18/2009. Signed by Magistrate Judge John D. Love on 9/15/2009. (gsg)
September 14, 2009 Filing 117 Joint MOTION for Extension of Time to File Response/Reply to Defendants' Amended Answer and Counterclaims to First Amended Complaint by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd.. (Attachments: # 1 Text of Proposed Order Granting Joint Motion To Extend Deadline To Respond)(Nelson, Shanee)
September 11, 2009 Filing 116 APPLICATION to Appear Pro Hac Vice by Attorney Ericka Jacobs Schulz for Konami Digital Entertainment Co, Ltd.. (mll, )
September 10, 2009 Filing 115 APPLICATION to Appear Pro Hac Vice by Attorney S Christian Platt for Konami Digital Entertainment Co, Ltd.. (mll, )
September 9, 2009 Filing 114 The Court is considering appointing Richard Egan as technical advisor. Any objections must be sent to chambers for in camera review by September 17, 2009. Signed by Magistrate Judge John D. Love on 9/9/2009. (gsg)
September 9, 2009 Filing 113 SEALED MOTION to Compel Production of Patent Prosecution Files by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of S. Ashlie Beringer in support of Defendants' Motion to Compel, # 3 Exhibit Beringer Declaration Exhibit A, # 4 Exhibit Beringer Declaration Exhibit B, # 5 Exhibit Beringer Declaration Exhibit C, # 6 Exhibit Beringer Declaration Exhibit D, # 7 Exhibit Beringer Declaration Exhibit E, # 8 Exhibit Beringer Declaration Exhibit F, # 9 Exhibit Beringer Declaration Exhibit G, # 10 Exhibit Beringer Declaration Exhibit H, # 11 Exhibit Beringer Declaration Exhibit I, # 12 Exhibit Beringer Declaration Exhibit J, # 13 Exhibit Beringer Declaration Exhibit K, # 14 Exhibit Beringer Declaration Exhibit L, # 15 Exhibit Beringer Declaration Exhibit M)(Beringer, Susan)
September 8, 2009 Opinion or Order Filing 112 ORDER granting 109 Plaintiffs' Unopposed Motion to Extend Deadline to File Konami's Opposition to Defendants' Motion for Leave to Supplement Invalidity Contentions. IT IS THEREFORE ORDERED that the deadline for Konami to file its opposition shall be extended to September 3, 2009. Signed by Magistrate Judge John D. Love on 9/8/2009. (kls, )
September 8, 2009 Opinion or Order Filing 111 ORDER granting 108 Plaintiffs' Unopposed Motion for Leave to File in Excess of Page Limitations Konami's Opposition to Defendants' Motion for Leave to Supplement Invalidity Contentions. IT IS THEREFORE ORDERED that Konami may exceed the fifteen-page limit by five pages in its opposition. Signed by Magistrate Judge John D. Love on 9/8/2009. (kls, )
September 4, 2009 Filing 110 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (JOINT) REGARDING TECHNICAL ADVISORS (Lemieux, Ronald)
September 3, 2009 Filing 109 Unopposed MOTION for Extension of Time to File Konami's Opposition to Defendants Motion for Leave to Supplement Invalidity Contentions by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Nelson, Shanee)
September 3, 2009 Filing 108 Unopposed MOTION for Leave to File Excess Pages Re Konami's Opposition to Defendants' Motion for Leave to Supplement Invalidity Contentions by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Edelman, Michael)
September 3, 2009 Filing 107 ***PLEASE SEE CORRECTED DOCUMENT 128 .*** SEALED RESPONSE to Motion re 92 SEALED MOTION For Leave to Supplement Invalidity Contentions filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit /Declaration of Michael N. Edelman in Support of Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Affidavit Declaration of Shanee Y.W. Nelson in Support of Opposition, # 61 Exhibit A, # 62 Exhibit B Part 1, # 63 Exhibit B Part 2, # 64 Exhibit B Part 3, # 65 Exhibit C, # 66 Exhibit D Part 1, # 67 Exhibit D Part 2, # 68 Exhibit D Part 3, # 69 Exhibit E, # 70 Exhibit F, # 71 Exhibit G, # 72 Text of Proposed Order)(Edelman, Michael) Modified on 9/21/2009 (mjc, ).
September 1, 2009 Opinion or Order Filing 106 ORDER GRANTING re 105 Stipulation filed by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. The deadline for the parties to submit tutorials to the Court shall be extended to September 2, 2009. Signed by Magistrate Judge John D. Love on 9/1/2009. (gsg)
August 31, 2009 Filing 105 STIPULATION (JOINT) TO EXTEND DEADLINES by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Nelson, Shanee)
August 31, 2009 Opinion or Order Filing 104 ORDER granting 103 Joint Motion for Extension of Time for Proposing Technical Advisors to the Court. ORDERED that the parties shall jointly propose up to three technical advisors to the Court on or before September 4, 2009. Signed by Magistrate Judge John D. Love on 8/31/2009. (gsg)
August 28, 2009 Filing 103 Joint MOTION for Extension of Time to File Proposal of Technical Advisor(s) by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Lo, Jason)
August 26, 2009 Filing 102 CLAIM CONSTRUCTION BRIEF filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Affidavit Declaration of Michael Edelman, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Edelman, Michael)
August 26, 2009 Filing 101 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT PURSUANT TO PATENT RULE 4-3 filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit Attachments 1 and 2)(Edelman, Michael)
August 26, 2009 Opinion or Order Filing 100 ORDER granting 98 Joint Motion for Extension of Time to File Joint Claim Construction and Prehearing Statement. Signed by Magistrate Judge John D. Love on 8/26/2009. (gsg)
August 25, 2009 Opinion or Order Filing 99 ORDER granting 96 Motion for Leave to Amend Answer. Signed by Magistrate Judge John D. Love on 8/25/2009. (gsg)
August 25, 2009 Filing 98 Joint MOTION for Extension of Time to File Joint Claim Construction and Prehearing Statement and Plaintiffs' Opening Markman Brief by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lo, Jason)
August 24, 2009 Filing 97 Sealed Document. (Attachments: # 1 Exhibit A to Amended Answer, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Reiter, Mark)
August 24, 2009 Filing 96 Unopposed MOTION for Leave to File Amended Answer to Include Additional Allegations of Inequitable Conduct by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Reiter, Mark)
August 24, 2009 Opinion or Order Filing 95 ORDER granting 94 Joint Motion for Extension of Time to File. ORDERED that the deadline for the parties to comply with P.R. 4-3 is extended to August 25, 2009. Signed by Magistrate Judge John D. Love on 8/24/2009. (gsg)
August 21, 2009 Filing 94 Joint MOTION for Extension of Time to File Joint Claim Construction and Prehearing Statement by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Race, Deborah)
August 17, 2009 Opinion or Order Filing 93 ORDER GRANTING Joint Stipulatoin Regarding Pre-Markman Hearing Schedule and DENYING the Joint Stipulation Regarding Page Limits re 90 Stipulation, filed by Viacom International Inc., MTV Networks, Co., Konami Digital Entertainment, Inc., Viacom, Inc., Harmonix Music Systems, Inc., Konami Digital Entertainment Co, Ltd. Signed by Magistrate Judge John D. Love on 8/17/2009. (gsg)
August 14, 2009 Filing 92 SEALED MOTION For Leave to Supplement Invalidity Contentions by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order Ex. 1, # 2 Affidavit Ex. 2 - Lu Declaration, # 3 Exhibit Ex. 3 - Ex. 1.A to Lu Declaration, # 4 Exhibit Ex. 4 - Ex. 1.B to Lu Declaration, # 5 Exhibit Ex. 5 - Ex. 1.C to Lu Declaration, # 6 Exhibit Ex. 6 - Ex. 1.D to Lu Declaration, # 7 Exhibit Ex. 7 - Ex. 1.E to Lu Declaration, # 8 Affidavit Ex. 8 - Rho Declaration, # 9 Exhibit Ex. 9 - Ex. 2.A to Rho Declaration, # 10 Exhibit Ex. 10 - Ex. 2.B to Rho Declaration, # 11 Exhibit Ex. 11 - Ex. 2.C to Rho Declaration, # 12 Exhibit Ex. 12 - Ex. 2.D to Rho Declaration, # 13 Exhibit Ex. 13 - Ex. 2.E to Rho Declaration, # 14 Exhibit Ex. 14 - Ex. 2.F to Rho Declaration, # 15 Exhibit Ex. 15 - Ex. 2.G to Rho Declaration, # 16 Exhibit Ex. 16 - Ex. 2.H to Rho Declaration, # 17 Exhibit Ex. 17 - Ex. 2.I to Rho Declaration, # 18 Exhibit Ex. 18 - Ex. 2.J to Rho Declaration, # 19 Exhibit Ex. 19 - Ex. 2.K to Rho Declaration, # 20 Exhibit Ex. 20 - Ex. 2.L to Rho Declaration, # 21 Exhibit Ex. 21 - Ex. 2.M to Rho Declaration, # 22 Supplement Ex. 22 - Supplemental Disclosures, # 23 Exhibit Ex. 23 - Ex. 3.D to Supplemental Disclosures, # 24 Exhibit Ex. 24 - Ex. 3.E to Supplemental Disclosures, # 25 Exhibit Ex. 25 - Ex. 3.F to Supplemental Disclosures, # 26 Exhibit Ex. 26 - Ex. 3.G to Supplemental Disclosures, # 27 Exhibit Ex. 27 - Ex. 3.H to Supplemental Disclosures, # 28 Exhibit Ex. 28 - Ex. 3.I to Supplemental Disclosures, # 29 Exhibit Ex. 29 - Ex. 3.J to Supplemental Disclosures, # 30 Exhibit Ex. 30 - Ex. 3.K to Supplemental Disclosures, # 31 Exhibit Ex. 31 - Ex. 3.L to Supplemental Disclosures, # 32 Exhibit Ex. 32 - Ex. 3.M to Supplemental Disclosures, # 33 Exhibit Ex. 33 - Ex. 3.N to Supplemental Disclosures, # 34 Exhibit Ex. 34 - Ex. 3.O to Supplemental Disclosures, # 35 Exhibit Ex. 35 - Ex. 3.P to Supplemental Disclosures, # 36 Exhibit Ex. 36 - Ex. 3.Q to Supplemental Disclosures, # 37 Exhibit Ex. 37 - Ex. 3.R to Supplemental Disclosures)(Lo, Jason)
August 13, 2009 Filing 91 FILED IN ERROR. ATTORNEY WILL REFILE. PLEASE DISREGARD. SEALED MOTION For Leave To Supplement Invalidity Contentions by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Ex. 1 - Declaration of Lu, # 3 Exhibit Ex. 2 - Ex.1.A Declaration of Lu, # 4 Exhibit Ex. 3 - Ex.1.B Declaration of Lu, # 5 Exhibit Ex. 4 - Ex.1.C Declaration of Lu, # 6 Exhibit Ex. 5 - Ex.1.D Declaration of Lu, # 7 Exhibit Ex. 6 - Ex.1.E Declaration of Lu, # 8 Affidavit Declaration of Rho, # 9 Exhibit Ex. 6 - Ex.2.A Declaration of Rho, # 10 Exhibit Ex. 7 - Ex.2.B Declaration of Rho, # 11 Exhibit Ex. 8 - Ex.2.C Declaration of Rho, # 12 Exhibit Ex. 9 - Ex.2.D Declaration of Rho, # 13 Exhibit Ex. 10 - Ex.2.E Declaration of Rho, # 14 Exhibit Ex. 11 - Ex.2.F Declaration of Rho, # 15 Exhibit Ex. 12 - Ex.2.G Declaration of Rho, # 16 Exhibit Ex. 13 - Ex.2.H Declaration of Rho, # 17 Errata Ex. 14 - Ex.2.I Declaration of Rho, # 18 Exhibit Ex. 15 - Ex.2.J Declaration of Rho, # 19 Exhibit Ex. 17 - Ex.2.K Declaration of Rho, # 20 Errata Ex. 18 - Ex.2.L Declaration of Rho, # 21 Exhibit Ex. 19 - Ex.2.M Declaration of Rho, # 22 Supplement Supplemental Disclosures, # 23 Exhibit Ex. 19 - Ex.3.D Supplemental Disclosures, # 24 Errata Ex. 20 - Ex.3.E Supplemental Disclosures, # 25 Exhibit Ex. 21 - Ex.3.F Supplemental Disclosures, # 26 Exhibit Ex. 22 - Ex.3.G Supplemental Disclosures, # 27 Exhibit Ex. 23 - Ex.3.H Supplemental Disclosures, # 28 Exhibit Ex. 24 - Ex.3.I Supplemental Disclosures, # 29 Exhibit Ex. 25 - Ex.3.J Supplemental Disclosures, # 30 Exhibit Ex. 26 - Ex.3.K Supplemental Disclosures, # 31 Exhibit Ex. 27 - Ex.3.L Supplemental Disclosures, # 32 Exhibit Ex. 28 - Ex.3.M Supplemental Disclosures, # 33 Exhibit Ex. 29 - Ex.3.N Supplemental Disclosures, # 34 Exhibit Ex. 30 - Ex.3.O Supplemental Disclosures, # 35 Exhibit Ex. 31 - Ex.3.P Supplemental Disclosures, # 36 Exhibit Ex. 32 - Ex.3.Q Supplemental Disclosures, # 37 Exhibit Ex. 33 - Ex.3.R Supplemental Disclosures)(Lo, Jason) Modified on 8/14/2009 (gsg).
August 12, 2009 Filing 90 STIPULATION (Joint) Regarding Pre-Markman Hearing Schedule and Page Limits by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Lo, Jason)
August 11, 2009 Filing 89 NOTICE of Attorney Appearance by Susan Ashlie Beringer on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Beringer, Susan)
July 22, 2009 Opinion or Order Filing 88 ORDER RESCHEDULING CLAIM CONSTRUCTION HEARING re 87 Joint MOTION to Continue /Reschedule Claim Construction Hearing filed by Viacom International Inc., MTV Networks, Co., Konami Digital Entertainment, Inc., Viacom, Inc., Harmonix Music Systems, Inc., Konami Digital Entertainment Co, Ltd., (Markman Hearing set for 10/29/2009 09:00 AM before Magistrate Judge John D. Love.) Signed by Magistrate Judge John D. Love on 7/22/2009. (gsg)
July 17, 2009 Filing 87 Joint MOTION to Continue /Reschedule Claim Construction Hearing by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
June 2, 2009 Filing 86 NOTICE of Attorney Appearance by Jennifer J Rho on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Rho, Jennifer)
June 2, 2009 Filing 85 NOTICE of Attorney Appearance by Jason C Lo on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Lo, Jason)
May 26, 2009 Filing 84 NOTICE of Attorney Appearance by Richard M Koehl on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Koehl, Richard)
May 26, 2009 Filing 83 NOTICE of Attorney Appearance by Robert Anthony Vincent on behalf of all defendants (Vincent, Robert)
May 15, 2009 Opinion or Order Filing 82 ORDER granting 81 Motion to Withdraw as Attorney. Attorney Richard B Kendall; Nathan Lowenstein; Samuel K Lu; Erin E McCracken; Michael Henry Strub, Jr; William D Bowen and David I Gindler terminated. Signed by Magistrate Judge John D. Love on 5/15/09. (mjc )
May 14, 2009 Filing 81 Unopposed MOTION to Withdraw as Attorney by David I. Gindler, Erin E. McCracken, Nathan Lowenstein, Richard B. Kendall, Samuel K. Lu, William D. Bowen, and Michael Henry Strub, Jr. by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
May 12, 2009 Filing 80 NOTICE by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. Of Compliance with P.R. 4-2 (Reiter, Mark)
May 11, 2009 Filing 79 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. OF COMPLIANCE WITH P.R. 4-2 (Bhakar, Vid)
April 17, 2009 Filing 78 NOTICE by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. of Disclosure Regarding Outstanding Disputes Concerning Privilege Logs (Jones, Michael)
April 15, 2009 Filing 77 NOTICE of Attorney Appearance by Mark Nolan Reiter on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Reiter, Mark)
April 15, 2009 Filing 76 NOTICE of Attorney Appearance by Josh A Krevitt on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Krevitt, Josh)
March 30, 2009 Filing 75 APPLICATION to Appear Pro Hac Vice by Attorney Shanee Y W Nelson for Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (mll, )
March 30, 2009 Filing 74 NOTICE of Disclosure by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. regarding PR 4-1 (Jones, Michael)
March 27, 2009 Filing 73 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. OF COMPLIANCE WITH P.R. 4-1 (Bhakar, Vid)
March 23, 2009 Opinion or Order Filing 72 MEMORANDUM AND OPINION, and ORDER denying Defendants' Motion to Transfer Venue to the United States District Court for the District of Massachusetts. Signed by Magistrate Judge John D. Love on 3/23/2009. (gsg)
March 17, 2009 Opinion or Order Filing 71 ORDER granting 70 Motion to Preclude Assertion of Third-Party Confidentiality Agreements as a Basis for Withholding Discoverable Information. The existence of confidentiality agreements between any party to this litigation and any third party may not be asserted as a basis for withholding discoverable documents and information. Signed by Magistrate Judge John D. Love on 03/17/09. cc:attys 3-17-09 (mll, )
March 16, 2009 Filing 70 Joint MOTION to Preclude Assertion of Third-Party Confidentiality Agreements as a Basis for Withholding Discoverable Information by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
February 23, 2009 Opinion or Order Filing 69 ORDER granting 67 Unopposed Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 2/23/2009. (gsg)
February 20, 2009 Filing 68 SUR-REPLY to Reply to Response to Motion re 55 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Edelman, Michael)
February 20, 2009 Filing 67 MOTION for Leave to File Excess Pages Surreply in Opposition to Defendants' Motion to Transfer Venue by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion to File Surreply in Excess of Page Limitations in Opposition to Defendants' Motion to Transfer Venue)(Edelman, Michael)
February 13, 2009 Filing 66 REPLY to Response to Motion re 55 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Declaration of Michael Strub, # 2 Exhibit A, # 3 Exhibit B)(Jones, Michael)
February 13, 2009 ***FILED IN ERROR. Document # 65, Defendant's Reply Memorandum. TO BE REFILED IN SEARCHABLE FORMAT. PLEASE IGNORE.*** (mjc )
February 12, 2009 Filing 65 ***PLEASE DISREGARD. DOCUMENT TO BE REFILED IN SEARCHABLE FORMAT.***REPLY to Response to Motion re 55 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts filed by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Declaration of Michael Strub, # 2 Exhibit A, # 3 Exhibit B)(Jones, Michael) Modified on 2/13/2009 (mjc, ).
February 12, 2009 Opinion or Order Filing 64 ORDER granting 63 Motion to Withdraw 57 SEALED PATENT MOTION to Amend the Activision License Agreement's Confidential Designation. Signed by Magistrate Judge John D. Love on 02/12/09. cc:attys 2-12-09 (mll, )
February 11, 2009 Filing 63 Unopposed MOTION to Withdraw 57 SEALED PATENT MOTION to Amend the Activision License Agreement's Confidential Designation by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
February 4, 2009 Opinion or Order Filing 62 ORDER granting 61 Motion for Leave to File Excess Pages. Defendants may exceed the five page limit by three pages in their reply. Signed by Magistrate Judge John D. Love on 2/4/2009. (gsg)
February 3, 2009 Filing 61 Unopposed MOTION for Leave to File Excess Pages by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
February 2, 2009 Filing 60 AFFIDAVIT in Opposition re 55 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D pt 1, # 5 Exhibit D Pt 2, # 6 Exhibit E)(Edelman, Michael)
February 2, 2009 Filing 59 RESPONSE in Opposition re 55 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Edelman, Michael)
February 2, 2009 Opinion or Order Filing 58 ORDER granting 56 Motion for Leave to File Excess Pages. Konami may exceed the fifteen page limit by three pages in its opposition. Signed by Magistrate Judge John D. Love on 2/2/2009. (gsg)
January 30, 2009 Filing 57 WITHDRAWN PER 64 ORDER SEALED PATENT MOTION to Amend the Activision License Agreement's Confidential Designation by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Jones, Michael) Modified on 2/12/2009 (mll, ).
January 30, 2009 Filing 56 Unopposed MOTION for Leave to File Excess Pages in Opposition to Defendants' Motion to Transfer Venue by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion to File Opposition in Excess of Page Limitations to Defendants' Motion to Transfer Venue)(Edelman, Michael)
January 21, 2009 Filing 55 MOTION DENIED PER ORDER 72 MOTION to Change Venue to the U.S. District Court for the District of Massachusetts by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Attachments: # 1 Declaration of Dornbrook, # 2 Text of Proposed Order)(Jones, Michael) Modified on 3/23/2009 (gsg).
January 15, 2009 Filing 54 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. OF COMPLIANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 26 (Bhakar, Vid)
December 11, 2008 Opinion or Order Filing 53 AGREED STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 12/11/08. cc:attys 12-11-08(mll, )
December 10, 2008 Filing 52 Joint MOTION for Protective Order , Agreed Stipulated by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
November 17, 2008 Filing 51 APPLICATION to Appear Pro Hac Vice by Attorney Erin E McCracken for Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc., Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc.. (gsg)
November 17, 2008 Filing 50 NOTICE of Attorney Appearance by Patrick Colbert Clutter, IV on behalf of Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Clutter, Patrick)
November 14, 2008 Filing 49 NOTICE by Konami Digital Entertainment, Inc., Konami Digital Entertainment Co, Ltd. of Compliance with Service of Initial Disclosures (Lemieux, Ronald)
November 14, 2008 Filing 48 NOTICE of Disclosure by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. Initial Disclosures (Jones, Michael)
November 12, 2008 Opinion or Order Filing 47 ORDER REFERRING CASE to Mediator. Robert W Faulkner added as Mediator. Mediation Deadline July 17, 2009 for first round and February 27, 2010 for second round. Signed by Magistrate Judge John D. Love on 11/12/2008. (gsg)
November 12, 2008 Opinion or Order Filing 46 DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 11/12/2008. (gsg)
November 12, 2008 Opinion or Order Filing 45 DOCKET CONTROL ORDER re 35 Status Conference, ( Exhibit List due by 3/1/2010., Jury Selection set for 2/22/2010 09:00AM before Magistrate Judge John D. Love., Jury Trial set for 3/1/2010 09:00 AM before Magistrate Judge John D. Love.) Pretrial conference 2/4/2010 at 1:30 PM. Signed by Magistrate Judge John D. Love on 11/12/2008. (gsg) Modified on 11/17/2008 (gsg).
October 31, 2008 Filing 44 Submission of Proposed Agreed Discovery order by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Shi, Qin)
October 31, 2008 Filing 43 Submission of Proposed Agreed Docket control order by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Shi, Qin)
October 21, 2008 Magistrate Judge John D. Love added as presiding judge by consent of the parties. Judge Leonard Davis no longer assigned to case. (mll, )
October 21, 2008 Opinion or Order Filing 42 ORDER assigning case to Judge John D Love by consent of the parties for all further proceedings and entry of judgment. Signed by Judge Leonard Davis on 10/21/08. cc:attys 10-21-08(mll, )
October 20, 2008 Filing 41 ANSWER to 32 Answer to Amended Complaint,, Counterclaim, by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc..(Bhakar, Vid)
October 17, 2008 Opinion or Order Filing 40 ORDER that the following dates be incorporated into the Docket Control Order which is due 10-31-08: Markman Hearing set for 9-15-09 at 9:00 a.m.; Pre-trial Conference set for 1-20-10 at 1:30 p.m.; Jury Selection set for 2-22-10 at 9:00 a.m.; Jury Trial set for 3-1-10 at 9:00 a.m. Signed by Magistrate Judge John D. Love on 10/17/08. cc:attys 10-17-08(mll, )
October 15, 2008 Filing 39 CONSENT to Proceed Before US Magistrate Judge by Viacom International Inc., Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Attachments: # 1 Text of Proposed Order)(mll, )
October 13, 2008 Filing 38 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. of Compliance With Patent Rules 3-1 and 3-2 (Carroll, Otis)
October 9, 2008 Filing 37 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. of Designation of Co-Lead Counsel (Carroll, Otis)
October 8, 2008 Filing 36 NOTICE of Designation of Attorney in Charge to Ronald S. Lemieux on behalf of all plaintiffs (Carroll, Otis) Modified on 10/8/2008 to reflect atty Lemieux is in charge. (mjc )
October 6, 2008 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge John D. Love and Judge Davis: Status Conference held on 10/6/2008. (refer to document #35) (Court Reporter Shea Sloan.) (mjm, )
October 6, 2008 Filing 35 Minute Entry for proceedings held before Judge Leonard Davis and Judge John Love: Status Conference held on 10/6/2008. (Court Reporter Shea Sloan.) (Attachments: # 1-- Attorney Sign-In Sheet) (rlf, )
September 26, 2008 Filing 34 Return of Service Executed as to Viacom, Inc. on 9/26/2008, by personal service; answer due: 10/16/2008. (mll, )
September 26, 2008 Filing 33 CORPORATE DISCLOSURE STATEMENT filed by Viacom International Inc. identifying Corporate Parent Viacom, Inc. for Viacom International Inc.. (Jones, Michael)
September 26, 2008 Filing 32 ANSWER to 27 Amended Complaint, and, COUNTERCLAIM brought by Viacom International Inc. and Viacom, Inc. against Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. by Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc..(Jones, Michael)
September 25, 2008 Filing 31 APPLICATION to Appear Pro Hac Vice by Attorney Michael Henry Strub, Jr for Viacom International Inc., Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc.. (mll, )
September 22, 2008 Filing 30 E-GOV SEALED SUMMONS Issued as to Viacom International Inc. (mjc )
September 19, 2008 Opinion or Order Filing 29 ORDER granting 26 Motion for Leave to File First Amended Complaint. Signed by Judge Leonard Davis on 09/19/08. cc:attys 9-19-08 (mll, )
September 10, 2008 Opinion or Order Filing 28 ORDER setting Status Conference for 10/6/2008 01:30 PM before Judge Leonard Davis and Magistrate Judge John D. Love. Signed by Judge Leonard Davis on 09/10/08. cc:attys 9-10-08(mll, )
September 9, 2008 Filing 27 AMENDED COMPLAINT FOR PATENT INFRINGEMENT OF UNITED STATES PATENT NOS. 6,390,923, 6,425,822 AND 6,645,067 against all defendants, filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lemieux, Ronald)
September 9, 2008 Filing 26 Consent MOTION for Leave to File an Amended Complaint by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Lemieux, Ronald) (Additional attachment(s) added on 9/10/2008: # 1 Text of Proposed Order) (mjc, ).
September 3, 2008 Filing 25 NOTICE by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. Regarding Readiness for Scheduling Conference (Bhakar, Vidya)
August 29, 2008 Filing 24 CORPORATE DISCLOSURE STATEMENT filed by Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. identifying Corporate Parent Viacom Inc. for Harmonix Music Systems, Inc., MTV Networks, Co.; Corporate Parent None for Viacom, Inc.. (Jones, Michael)
August 29, 2008 Filing 23 ANSWER to 1 Complaint, and Viacom's, COUNTERCLAIM against Konami Digital Entertainment Co, Ltd. by Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc..(Jones, Michael)
July 30, 2008 Filing 22 Return of Service Executed as to MTV Networks, Co. on 7/10/2008, by personal service. (mll, )
July 30, 2008 Filing 21 Return of Service Executed as to Harmonix Music Systems, Inc. on 7/14/2008, by personal service. (mll, )
July 29, 2008 Filing 20 APPLICATION to Appear Pro Hac Vice by Attorney Maxwell A Fox for Konami Digital Entertainment Co, Ltd. and Konami Digital Entertainment, Inc.. (mll, )
July 28, 2008 Filing 19 APPLICATION to Appear Pro Hac Vice by Attorney William D Bowen for Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. (mll, )
July 28, 2008 Filing 18 APPLICATION to Appear Pro Hac Vice by Attorney Samuel K Lu for Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. (mll, )
July 28, 2008 Filing 17 APPLICATION to Appear Pro Hac Vice by Attorney Nathan Lowenstein for Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. (mll, )
July 28, 2008 Filing 16 APPLICATION to Appear Pro Hac Vice by Attorney Richard B Kendall for Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. (mll, )
July 28, 2008 Filing 15 APPLICATION to Appear Pro Hac Vice by Attorney David I Gindler for Harmonix Music Systems, Inc., MTV Networks, Co. and Viacom, Inc. (mll, )
July 28, 2008 Filing 14 NOTICE of Attorney Appearance by Vydia R Bhakar on behalf of Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Bhakar, Vydia)
July 28, 2008 Filing 13 NOTICE of Attorney Appearance by Ronald Scott Lemieux on behalf of Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Lemieux, Ronald)
July 28, 2008 Defendant's Unopposed First Application for Extension of Time to Answer Complaint 8 is granted pursuant to Local Rule CV-12 for Harmonix Music Systems, Inc. to 8/29/2008; MTV Networks, Co. to 8/29/2008; Viacom, Inc. to 8/29/2008. 30 Days Granted for Deadline Extension.( mll, )
July 28, 2008 Filing 12 NOTICE of Attorney Appearance by Deborah J Race on behalf of Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. (Race, Deborah)
July 24, 2008 Filing 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc..( Jones, Michael)
July 23, 2008 Filing 11 APPLICATION to Appear Pro Hac Vice by Attorney Michael N Edelman for Konami Digital Entertainment Co, Ltd. and Konami Digital Entertainment, Inc.. (mll, )
July 23, 2008 Filing 10 APPLICATION to Appear Pro Hac Vice by Attorney Keren Hu for Konami Digital Entertainment Co, Ltd. and Konami Digital Entertainment, Inc.. (mll, )
July 23, 2008 Filing 9 APPLICATION to Appear Pro Hac Vice by Attorney Qin Shi for Konami Digital Entertainment Co, Ltd. and Konami Digital Entertainment, Inc.. (mll, )
July 11, 2008 Filing 7 Return of Service Executed as to Viacom, Inc. on 7/10/2008, by personal service; answer due: 7/30/2008. (mll, )
July 11, 2008 Opinion or Order Filing 6 ORDER for Plaintiff to file a notice, within five days of last Defendant's answer, that the case is ready for scheduling conference. The notice shall include a list of any pending motions to dismiss or transfer. Signed by Judge Leonard Davis on 7/11/08. (mjc )
July 9, 2008 Case assigned to Judge Leonard Davis. (mjc )
July 9, 2008 Filing 5 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Carroll, Otis) (Corrects Docket Entry #2) Modified on 7/9/2008 (kls, ).
July 9, 2008 Filing 4 E-GOV SEALED SUMMONS Issued as to Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. (Attachments: # 1 MTV Summons, # 2 Viacom Summons)(mjc )
July 9, 2008 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc. identifying Corporate Parent Konami Corporation for Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Carroll, Otis)
July 9, 2008 Filing 2 DISREGARD ENTRY - DOCUMENT FILED IN ERROR - ATTORNEY TO REFILE. Notice of Filing of Copyright Form (AO 121). AO 121 mailed to the Register of Copyrights. (Carroll, Otis) Modified on 7/9/2008 (kls, ).
July 9, 2008 Filing 1 COMPLAINT For Patent Infringement against Harmonix Music Systems, Inc., MTV Networks, Co., Viacom, Inc. ( Filing fee $ 350 receipt number 05400000000001608844.), filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Carroll, Otis)

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Plaintiff: Konami Digital Entertainment Co, Ltd.
Represented By: Otis W Carroll, Jr
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Plaintiff: Konami Digital Entertainment, Inc.
Represented By: Otis W Carroll, Jr
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Defendant: Harmonix Music Systems, Inc.
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Defendant: MTV Networks, Co.
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Defendant: Viacom, Inc.
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