Genuine Enabling Technology LLC v. Nintendo Co Ltd et al
Genuine Enabling Technology LLC |
Nintendo Co Ltd and Nintendo of America Inc |
2:2019cv00351 |
March 11, 2019 |
US District Court for the Western District of Washington |
Ricardo S Martinez |
Patent |
35 U.S.C. § 271 |
Plaintiff |
Docket Report
This docket was last retrieved on January 21, 2021. A more recent docket listing may be available from PACER.
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Filing 51 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Lane Polozola for Defendants Nintendo Co Ltd, Nintendo of America Inc. (Polozola, Lane) |
Filing 50 NOTICE of Appearance by attorney Jonathan L McFarland on behalf of Defendants Nintendo Co Ltd, Nintendo of America Inc. (McFarland, Jonathan) |
Filing 49 NOTICE of Appearance by attorney Jerry A Riedinger on behalf of Defendants Nintendo Co Ltd, Nintendo of America Inc. (Riedinger, Jerry) |
Filing 48 LETTER from Clerk to counsel re receipt of case from District of Delaware and advising of WAWD case number and judge assignment. (SNP) |
Filing 47 Case transferred in from District of Delaware; Case Number 1:17-cv-00134. |
Clerk received phone call from attorney William T. Hangley who will not be applying for pro hac vice status in this district for this case. (PM) |
Judge Ricardo S. Martinez added. (SNP) |
Case transferred to United States District Court for the Western District of Washington. Case transferred electronically. (ceg) [Transferred from ded on 3/11/2019.] |
Filing 46 ANSWER to #1 Complaint, with Jury Demand by Nintendo of America Inc..(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 45 ORDER: "Defendant Nintendo of America Inc.'s Motion to Dismiss or Transfer Venue to the Western District of Washington Pursuant to 1406(a)" (Doc. No. #17 ) is GRANTED and this matter is to be TRANSFERRED to the United States District Court for the Western District of Washington. "Nintendo Co., Ltd.'s Motion and Nintendo of America Inc.'s Alternative Motion to Transfer Venue to the Western District of Washington" (Doc. No. #19 ) is DENIED AS MOOT. Signed by Judge Mitchell S. Goldberg on 2/25/2019. (ceg) [Transferred from ded on 3/11/2019.] |
Filing 44 MEMORANDUM OPINION. Signed by Judge Mitchell S. Goldberg on 2/25/2019. (ceg) [Transferred from ded on 3/11/2019.] |
Pro Hac Vice Attorney William T. Hangley for Nintendo Co. Ltd. and Nintendo of America Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) [Transferred from ded on 3/11/2019.] |
Filing 43 ORDER granting D.I. #41 MOTION for Pro Hac Vice Appearance of Attorney William T. Hangley. Signed by Judge Mitchell S. Goldberg on 1/28/2019. (nmg) [Transferred from ded on 3/11/2019.] |
Filing 42 Letter to The Honorable Mitchell S. Goldberg from Andrew E. Russell regarding (1) Nintendo's outstanding motions to dismiss and/or transfer (D.I. Nos. 17, 19) and (2) the case schedule recently established in Plaintiff Genuine Enabling Technology's (parallel lawsuit against Sony - re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON], #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)]. (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 41 MOTION for Pro Hac Vice Appearance of Attorney William T. Hangley - filed by Nintendo Co. Ltd., Nintendo of America Inc.. (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 40 Letter to The Honorable Mitchell S. Goldberg from Karen E. Keller regarding Joint Status Report. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 39 Letter to Counsel from Judge Goldberg regarding Delaware Case Assignments. (gvw) [Transferred from ded on 3/11/2019.] |
Filing 38 ORDER granting #37 MOTION for Pro Hac Vice Appearance of Attorney Josh Calabro. Signed by Judge Mitchell S. Goldberg on 5/3/2018. (crb) [Transferred from ded on 3/11/2019.] |
Filing 37 MOTION for Pro Hac Vice Appearance of Attorney Josh Calabro - filed by Genuine Enabling Technology LLC. (Attachments: #1 (Certification of Josh Calabro))(Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 36 Letter to The Honorable Mitchell S. Goldberg from Stephen B. Brauerman, Esquire regarding Motion to Dismiss or Transfer Venue to the Western District of Washington. (Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 35 NOTICE of SUBSEQUENT AUTHORITY by Nintendo of America Inc. (Attachments: #1 Exhibit A)(Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 34 NOTICE of of Subsequent Authority by Nintendo of America Inc. re #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 33 SUR-REPLY BRIEF in opposition to Nintendo of America Inc.'s Motion to Dismiss or Transfer #17 , #31 filed by Genuine Enabling Technology LLC. (gvw) [Transferred from ded on 3/11/2019.] |
Filing 32 COMBINED REPLY BRIEF in support of Nintendo of America Inc.'s Motion to Dismiss or Transfer #17 , #31 filed by Nintendo Co. Ltd., Nintendo of America Inc.. (gvw) [Transferred from ded on 3/11/2019.] |
Filing 31 ORDER granting #27 Motion for Leave to File; granting #30 Motion for Leave to File. The Clerk of Court shall docket Defendants' combined reply brief which is attached as "Exhibit A" to Doc. No. #27 . The Clerk shall docket Plaintiff's combined surreply which is attached as "Exhibit 1" to Doc. No. #30 . Signed by Judge Mitchell S. Goldberg on 7/27/17. (gvw) [Transferred from ded on 3/11/2019.] |
Filing 30 MOTION for Leave to File /Plaintiff's Motion for Leave to File Combined Surreply in Opposition to Nintendo of America Inc.'s Motion to Dismiss or Transfer and Defendants' Motion to Transfer - filed by Genuine Enabling Technology LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 29 REQUEST for Oral Argument by Nintendo Co. Ltd., Nintendo of America Inc. re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON], #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)]. (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 28 NOTICE of Subsequent Authority by Nintendo Co. Ltd., Nintendo of America Inc. re #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 27 MOTION for Leave to File a Combined Reply Brief in Support of Motion to Dismiss or Transfer pursuant to 1406(a) and Defendants' Motion to Transfer Pursuant to 1404 [DI 17; DI 19] - filed by Nintendo Co. Ltd., Nintendo of America Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Reply Brief)(Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Filing 26 DECLARATION re #23 Answering Brief in Opposition, #24 Answering Brief in Opposition, /Declaration of Giancarlo L. Scaccia by Genuine Enabling Technology LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 25 DECLARATION re #24 Answering Brief in Opposition, #23 Answering Brief in Opposition, /Declaration of Nghi Nho Nguyen by Genuine Enabling Technology LLC. (Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 24 ANSWERING BRIEF in Opposition re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON] filed by Genuine Enabling Technology LLC.Reply Brief due date per Local Rules is 6/20/2017. (Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Filing 23 ANSWERING BRIEF in Opposition re #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] filed by Genuine Enabling Technology LLC.Reply Brief due date per Local Rules is 6/20/2017. (Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
Pro Hac Vice Attorney Jerry Riedinger,Jonathan L. McFarland,Lane M. Polozola,David R. Pekarek Krohn for Nintendo Co. Ltd.,Jerry Riedinger,Jonathan L. McFarland,Lane M. Polozola,David R. Pekarek Krohn for Nintendo of America Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb) [Transferred from ded on 3/11/2019.] |
Case Reassigned to Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MSG) after the case number on all documents filed. Associated Cases: 1:17-cv-00134-MSG, 1:17-cv-00135-MSG (rjb) [Transferred from ded on 3/11/2019.] |
SO ORDERED D.I. #14 MOTION for Pro Hac Vice Appearance of Attorney Jerry A. Riedinger, Jonathan L. McFarland, Lane M. Polozola, and David R. Pekarek Krohn filed by Nintendo of America Inc., Nintendo Co. Ltd. Ordered by Judge Christopher J. Burke on 6/1/2017. (dlb) [Transferred from ded on 3/11/2019.] |
Filing 22 DECLARATION re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON], #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] [DECLARATION OF JONATHAN L. MCFARLAND] by Nintendo Co. Ltd., Nintendo of America 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, #16 Exhibit p, #17 Exhibit q, #18 Exhibit r, #19 Exhibit s, #20 Exhibit t)(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 21 DECLARATION re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON], #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] [DECLARATION OF KRISTOPHER KIEL] by Nintendo Co. Ltd., Nintendo of America Inc.. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 20 OPENING BRIEF in Support re #19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON] filed by Nintendo Co. Ltd., Nintendo of America Inc..Answering Brief/Response due date per Local Rules is 6/13/2017. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 19 MOTION to Transfer Case to [NINTENDO CO., LTD.'S MOTION AND NINTENDO OF AMERICA INC.'S ALTERNATIVE MOTION TO TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON] - filed by Nintendo Co. Ltd., Nintendo of America Inc.. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certification)Motions referred to Christopher J. Burke.(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 18 OPENING BRIEF in Support re #17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] filed by Nintendo of America Inc..Answering Brief/Response due date per Local Rules is 6/13/2017. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 17 MOTION to Dismiss Based upon [DEFENDANT NINTENDO OF AMERICA INC.'S MOTION TO DISMISS OR TRANSFER VENUE TO THE WESTERN DISTRICT OF WASHINGTON PURSUANT TO 1406(a)] - filed by Nintendo of America Inc.. (Attachments: #1 Text of Proposed Order, #2 Rule 7.1.1 Certification)Motions referred to Christopher J. Burke.(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 16 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Nintendo Co., Ltd. for Nintendo of America Inc. filed by Nintendo Co. Ltd., Nintendo of America Inc.. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 15 ANSWER to #1 Complaint, with JURY DEMAND by Nintendo Co. Ltd..(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Jerry A. Riedinger, Jonathan L. McFarland, Lane M. Polozola, and David R. Pekarek Krohn - filed by Nintendo Co. Ltd., Nintendo of America Inc.. Motions referred to Christopher J. Burke.(Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 13 NOTICE of Appearance by Karen Elizabeth Keller on behalf of Nintendo Co. Ltd., Nintendo of America Inc. (Keller, Karen) [Transferred from ded on 3/11/2019.] |
Filing 12 NOTICE of Appearance by Andrew Russell on behalf of Nintendo Co. Ltd., Nintendo of America Inc. (Russell, Andrew) [Transferred from ded on 3/11/2019.] |
Pro Hac Vice Attorney Giancarlo L. Scaccia, Peter D. Shapiro, and Christopher M. Gerson for Genuine Enabling Technology LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:17-cv-00135-VAC-CJB, 1:17-cv-00134-VAC-CJB(ceg) [Transferred from ded on 3/11/2019.] |
SO ORDERED D.I. #10 MOTION for Pro Hac Vice Appearance of Attorney Peter D. Shapiro, Giancarlo L. Scaccia, and Christopher M. Gerson filed by Genuine Enabling Technology LLC Ordered by Judge Christopher J. Burke on 4/7/2017. (dlk) [Transferred from ded on 3/11/2019.] |
Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Peter D. Shapiro, Giancarlo L. Scaccia, and Christopher M. Gerson - filed by Genuine Enabling Technology LLC. (Attachments: #1 Certification of Peter D. Shapiro, #2 Certification of Giancarlo L. Scaccia, #3 Certification of Christopher M. Gerson)Motions referred to Christopher J. Burke.(Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) Associated Cases: 1:17-cv-00134-VAC-CJB, 1:17-cv-00135-VAC-CJB (rjb) [Transferred from ded on 3/11/2019.] |
Filing 9 MOTION for Extension of Time to \Unopposed Motion to Extend Time for Defedants to Move Answer or Otherwise Respond to Complaint until May 30, 2017 - filed by Genuine Enabling Technology LLC. Motions referred to Sherry R. Fallon.(Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
SO ORDERED, re #9 MOTION for Extension of Time to \Unopposed Motion to Extend Time for Defendants to Move Answer or Otherwise Respond to Complaint until May 30, 2017 filed by Genuine Enabling Technology LLC, Set/Reset Answer Deadlines: All Defendants.. Signed by Judge Sherry R. Fallon on 3/2/2017. (Polito, Rebecca) [Transferred from ded on 3/11/2019.] |
Filing 11 Postal Receipt(s) for the mailing of process to Nintendo Co. Ltd. (jcs) [Transferred from ded on 3/11/2019.] |
Filing 8 NOTICE OF SUBSTITUTION OF COUNSEL re Genuine Enabling Technology LLC : Entry of appearance of attorney Stephen B. Brauerman. Attorney Dana K. Severance and Womble Carlyle Sandridge & Rice, LLP terminated. (Brauerman, Stephen) [Transferred from ded on 3/11/2019.] |
CASE REFERRED to Magistrate Judge Sherry R. Fallon. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) Associated Cases: 1:17-cv-00134-VAC-SRF, 1:17-cv-00135-VAC-SRF (rjb) [Transferred from ded on 3/11/2019.] |
Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:17-cv-00134-VAC, 1:17-cv-00135-VAC (rjb) [Transferred from ded on 3/11/2019.] |
Filing 7 AFFIDAVIT of Dana K. Severance re #6 Praecipe filed by Genuine Enabling Technology LLC. (Severance, Dana) [Transferred from ded on 3/11/2019.] |
Filing 6 PRAECIPE filed by Dana Kathryn Severance on behalf of Genuine Enabling Technology LLC requesting Clerk to issue service as to Nintendo Co., Ltd. under Federal Rule of Civil Procedure 4(f)(2)(C)(ii) (Severance, Dana) [Transferred from ded on 3/11/2019.] |
Filing 5 SUMMONS Returned Executed by Genuine Enabling Technology LLC. Nintendo of America Inc. served on 2/8/2017, answer due 3/1/2017. (Severance, Dana) [Transferred from ded on 3/11/2019.] |
Summons Issued with Magistrate Consent Notice attached as to Nintendo Co. Ltd. on 2/9/2017. (ceg) [Transferred from ded on 3/11/2019.] |
Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Genuine Enabling Technology LLC. (sar) [Transferred from ded on 3/11/2019.] |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,219,730;. (sar) [Transferred from ded on 3/11/2019.] |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) [Transferred from ded on 3/11/2019.] |
Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Nintendo Co. Ltd., Nintendo of America Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2081116.) - filed by Genuine Enabling Technology LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(sar) [Transferred from ded on 3/11/2019.] |
Summons Issued with Magistrate Consent Notice attached as to Nintendo of America Inc. on 2/8/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar) [Transferred from ded on 3/11/2019.] |
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