e2Interactive, Inc. et al v. Blackhawk Network, Inc.
| Interactive Communications International, Inc. and e2Interactive, Inc. |
| Blackhawk Network, Inc. |
| 3:2009cv00629 |
| October 14, 2009 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Dane |
| Stephen L Crocker |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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Filing 574
ORDER granting in part #570 Motion for Review of Clerk's Taxation of Cost re #569 Order Taxing Costs. Defendant Blackhawk Network, Inc. is awarded $231,657.06 in costs under Fed. R. Civ. P. 54. Signed by Magistrate Judge Stephen L. Crocker on 2/20/2015. (kwf)
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| Filing 573 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #570 Motion for Review of Clerk's Taxation of Cost filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sigler, Roy) Modified on 10/9/2014. (lak) |
| Filing 572 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of #570 Motion for Review of Clerk's Taxation of Costs, (Sealed Document) (Attachments: #1 Exhibit 1- Per Diem Rates, #2 Exhibit 2- Flights, #3 Exhibit 3- Opening Slides, #4 Exhibit 4- Quadagno Transcript, #5 Exhibit 5- Maps) (McGrath, Robin) Modified on 10/1/2014. (lak) |
| Filing 571 Brief in Support of #570 Motion for Review of Clerk's Taxation of Costs by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (McGrath, Robin) Modified on 10/1/2014. (lak) |
| Filing 570 Motion for Review of Clerk's Taxation of Cost re: #569 Order Taxing Costs by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Response due 10/8/2014. (McGrath, Robin) |
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Filing 569
ORDER on Bill of Costs: Costs Taxed in favor of Defendant in the amount of $ 236,874.56. Signed by Peter A. Oppeneer, Clerk of Court on 9/24/14. (jat)
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| Filing 568 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. In Support of Plaintiff's Brief in Reply in Opposition re: #561 Bill of Costs, (Sealed Document) (Attachments: #1 Exhibit 1- Quadagno Excerpts (See #326 for full transcript), #2 Exhibit 2- Slides) (McGrath, Robin) Modified on 8/4/2014. (lak) |
| Filing 567 Brief in Reply in Opposition to Bill of Costs by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #561 Bill of Costs filed by Blackhawk Network, Inc. (McGrath, Robin) |
| Filing 566 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. In Support of Brief re: #561 Bill of Costs, (Sealed Document) (Attachments: #1 Exhibit 1 - Revised Bill of Costs, #2 Exhibit 2 - 2009-10-19 Email from P. Quadagno to D. Durant, #3 Exhibit 3 - 2009-11-03 Email from P. Quadagno to D. Durant, #4 Exhibit 4 - Excerpt of Deposition Transcript of P. Quadagno (See #326 for full deposition.), #5 Exhibit 5 - Jets.com Invoices, #6 Exhibit 6 - Detailed Bill Information from IP Demons, Inc.) (Sigler, Roy) Modified on 7/29/2014. (lak) |
| Filing 565 Brief in Support of Bill of Costs by Defendant Blackhawk Network, Inc. re: #561 Bill of Costs filed by Blackhawk Network, Inc. (Sealed Document) (Sigler, Roy) |
| Filing 564 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. In Support of Plaintiffs' Objections to Blackhawk's Bill of Costs re: #561 Bill of Costs, (Attachments: #1 Exhibit 1 - Cost Comparison Chart, #2 Exhibit 2 - Per Diem Rates, #3 Exhibit 3 - Airport Website, #4 Exhibit 4 - Flights, #5 Exhibit 5 - Appeal Brief Excerpt, #6 Exhibit 6 - Slide, #7 Exhibit 7 - Mileage Maps) (McGrath, Robin) |
| Filing 563 Objection to Bill of Costs by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #561 Bill of Costs filed by Blackhawk Network, Inc. (McGrath, Robin) |
| Filing 562 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #561 Bill of Costs, (Sealed Document) (Attachments: #1 Itemization of Bill of Costs, #2 Exhibit 1 - Pro Hac Vice Fees, #3 Exhibit 2 - InComm Deposition Transcript Invoices, #4 Exhibit 3 - Blackhawk Deposition Transcript Invoices, #5 Exhibit 4 - InComm Deposition Video Invoices, #6 Exhibit 5 - Blackhawk Deposition Video Invoices, #7 Exhibit 6 - Hearing Transcript Invoice, #8 Exhibit 7 - Pre-trial & Trial Transcript Invoices, #9 Exhibit 8 - Witness Trial Testimony, #10 Exhibit 9 - Deposition Witness Expenses, #11 Exhibit 10 - Trial Witness Expenses, #12 Exhibit 11 - Printing Invoices, #13 Exhibit 12 - Production Invoices, #14 Exhibit 13 - Demonstrative Board Invoices, #15 Exhibit 14 - Graphics & Animations Invoices, #16 Exhibit 15 - Decl re Bond Premium, #17 Exhibit 16 - Filing Fee for Notice of Appeal, #18 Exhibit 17 - Email re M. Krishna Hotel Room) (Fisch, Alan) |
| Filing 561 Bill of Costs by Defendant Blackhawk Network, Inc. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 7/17/2014. Brief in Support to Bill of Costs due 7/28/2014. Brief in Reply in Opposition to Bill of Costs due 8/1/2014. (Fisch, Alan) |
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Filing 560
ORDER releasing supersedeas bond. Signed by Magistrate Judge Stephen L. Crocker on 6/26/14. (rep)
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Filing 559
** TEXT ONLY ORDER **Defendant's unopposed motion for post-appeal (dkt. #555 ) relief is GRANTED. It is ORDERED that: (1) the award of damages and costs to plaintiff is VACATED; (2) the December 6, 2012 permanent injunction is DISCHARGED; (3) the supersedeas bond is RELEASED; and (5) as a result of defendant's successful appeal, defendant is the prevailing party in this lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 6/20/14. (rep)
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| Filing 558 Response Stating No Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #555 Motion for Miscellaneous Relief filed by Blackhawk Network, Inc. (McGrath, Robin) |
| Filing 557 Notice of Withdrawal of Counsel by Roy William Sigler re: Defendant Blackhawk Network, Inc. of Joseph Drayton (Sigler, Roy) |
| Filing 556 Brief in Support of #555 Motion for Miscellaneous Relief - Post-Appeal Relief by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
| Filing 555 Motion for Post-Appeal Relief by Defendant Blackhawk Network, Inc.. Response due 6/18/2014. (Fisch, Alan) |
| Filing 554 Notice of Withdrawal of Counsel by James Donald Peterson re: Defendant Blackhawk Network, Inc. (Peterson, James) |
| Filing 553 Notice of Appearance filed by Jennifer Lynn Gregor for Defendant Blackhawk Network, Inc. (Gregor, Jennifer) |
| Filing 552 Notice of Withdrawal of Counsel by Roy William Sigler re: Defendant Blackhawk Network, Inc. of Jason F. Hoffman (Sigler, Roy) |
| Filing 551 Notice by Defendant Blackhawk Network, Inc. of Firm Name Change. (Sigler, Roy) |
| Filing 550 JUDGMENT from USCA reversing as to #544 Notice of Appeal,, filed by Blackhawk Network, Inc. No record to be returned. (Attachments: #1 Appellate Opinion, #2 Mandate) (rep) |
| Filing 549 Opinion of the United States Court of Appeals for the Federal Circuit re: #544 Notice of Appeal, filed by Blackhawk Network, Inc. No record to be returned. Mandate will be issued in due course. (Attachments: #1 Notice of Entry of Judgment, #2 Information Sheet) (lak) |
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Filing 548
ORDER on Bill of Costs: Costs Taxed in favor of Plaintiffs in the amount of $ 121,012.26. Signed by Peter A. Oppeneer, Clerk of Court on 2/21/13. (rep)
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Filing 547
** TEXT ONLY ORDER **It is ORDERED that defendant Blackhawk Network, Inc.'s unopposed motion to stay execution of the monetary judgement and approve the supersedeas bond (dkt. #546 ) is GRANTED. Therefore, it is ORDERED that enforcement of the monetary judgment is STAYED, the supersedeas bond is APPROVED and the bond shall be filed promptly with the court. Signed by Magistrate Judge Stephen L. Crocker on 1/11/13. (rep) Modified on 1/14/2013; emailed this entry to Federal Circuit. (mmo).
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| USCA Case Number 13-1151 for #544 Notice of Appeal filed by Blackhawk Network, Inc. (rep) |
| Filing 546 Unopposed Motion for Supersedeas Bond and Stay Execution of the Judgment Pending Appeal (Sealed Document) by Defendant Blackhawk Network, Inc.. (Attachments: #1 Exhibit 1 - Supersedeas Bond) (Sigler, Roy) |
| Filing 545 Transmission of Notice of Appeal, Appeal Information Sheet, Docket Sheet and Judgment to Federal Circuit Court of Appeals re #544 Notice of Appeal,, (Attachments: #1 Info sheet, #2 Order #159, #3 Order #258, #4 Order #414, #5 Judgment #473, #6 Order #517, #7 Order #536, #8 Order #537, #9 Judgment #540, #10 Judgment #542, #11 Docket sheet) (mmo) |
| Filing 544 NOTICE OF APPEAL - FEDERAL CIRCUIT by Defendant Blackhawk Network, Inc. as to #159 Order on Motion Requesting Claims Construction, #258 Order on Motion for Summary Judgment, #414 Final Pretrial Conference Order, 431 Order, #473 Judgment, #517 Order on Motion for Judgment as a Matter of Law, #536 Order on Motion for Permanent Injunction, Order on Motion to Stay, Order on Motion for Leave to File, #537 Order on Motion to Alter or Amend Judgment, #540 Judgment, #542 Judgment. Filing fee of $ 455 paid, receipt number 0758-1105246. No Docketing Statement filed. (Sigler, Roy) Modified on 1/7/2013 (jaf). Modified docket text on 1/7/2013 (mmo). |
| Filing 543 Report on Filing of Patent or Trademark. Copy provided to the US Patent and Trademark Office electronically. (rep) |
| Filing 542 SECOND AMENDED JUDGMENT in favor of Interactive Communications International, Inc., e2Interactive, Inc. against Blackhawk Network, Inc. in the total amount of $ 3,710,883.89 and entering injunction. (SLC / LAK). (rep) |
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Filing 541
ORDER awarding prejudgment interest in the amount of $198,122.12 and postjudgment interest accruing at the rate of $18.29 per day from the judgment date of 12/6/12 to the date of payment. Signed by Magistrate Judge Stephen L. Crocker on 12/26/12. (rep)
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| Filing 540 AMENDED JUDGMENT in favor of Interactive Communications International, Inc., e2Interactive, Inc. against Blackhawk Network, Inc. in the amount of $ 3,512,761.77 and entering injunction. (SLC / PAO). (rep) |
| Filing 539 Second Declaration of Dominic M. Persechini filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #537 Order on Motion to Alter or Amend Judgment, #478 Motion to Alter or Amend Judgment (Sealed Document) (Attachments: #1 Exhibit A- Calculation Schedules, #2 Exhibit B- Prime Rate Chart, #3 Exhibit C- Order, #4 Exhibit D- Market Yield) (McGrath, Robin) |
| Filing 538 PERMANENT INJUNCTION. Signed by Magistrate Judge Stephen L. Crocker on 12/6/12. (rep) |
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Filing 537
ORDER granting #478 Motion to Alter or Amend Judgment. Supplemental damages are awarded to plaintiff in the amount of $37,601.82. Plaintiff to submit a revised calculation of pre-judgment and post-judgment interest by 12/14/12. Signed by Magistrate Judge Stephen L. Crocker on 12/6/12. (rep)
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Filing 536
ORDER granting #482 Motion for Permanent Injunction ; denying #518 Motion to Stay ; denying #522 Motion for Leave to File Reply. Signed by Magistrate Judge Stephen L. Crocker on 12/6/12. (rep)
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| Filing 535 Transcript of Sixth Day of Jury Trial REDACTED, Vol. 6-D, held 2/28/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 534 Transcript of Sixth Day of Jury Trial REDACTED, Vol. 6-B, held 2/28/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 533 Transcript of Sixth Day of Jury Trial REDACTED, Vol. 6-A, held 2/28/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 532 Transcript of Fifth Day of Jury Trial REDACTED, Vol. 5-D, held 2/27/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 531 Transcript of Fifth Day of Jury Trial REDACTED, Vol. 5-C, held 2/27/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 530 Transcript of Fourth Day of Jury Trial REDACTED, Vol. 4-B, held 2/24/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 529 Transcript of Fourth Day of Jury Trial REDACTED, Vol. 4-A, held 2/24/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 528 Transcript of Third Day of Jury Trial REDACTED, Vol. 3-B, held 2/23/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 527 Transcript of Third Day of Jury Trial REDACTED, Vol. 3-A, held 2/23/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 526 Transcript of Second Day of Jury Trial REDACTED, Vol. 2-D, held 2/22/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 525 Transcript of Second Day of Jury Trial REDACTED, Vol. 2-C, held 2/22/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 524 Transcript of Second Day of Jury Trial REDACTED, Vol. 2-B, held 2/22/2012 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 523 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #522 Motion for Leave to File, filed by Blackhawk Network, Inc. (Moreland, David) |
| Filing 522 Motion for Leave to File Reply Brief in Support of Blackhawk's Motion to Stay Pending the Outcome of Reexamination by Defendant Blackhawk Network, Inc. (Attachments: #1 Proposed Reply in Support of Blackhawk's Motion to Stay, #2 Exhibit 1 to Proposed Reply - 95001275 - Decision on Appeal, #3 Exhibit 2 to Proposed Reply - 95001377 - Decision on Appeal, #4 Exhibit 3 to Proposed Reply - 95001263 - Decision on Appeal) (Sigler, Roy) |
| Filing 521 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #518 Motion to Stay (Attachments: #1 Exhibit A- Chart, #2 Exhibit B- Case Law, #3 Exhibit C- Press Release) (McGrath, Robin) |
| Filing 520 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #518 Motion to Stay filed by Blackhawk Network, Inc. (McGrath, Robin) |
| Filing 519 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. re: #518 Motion to Stay (Attachments: #1 Exhibit 1 - Request for Reexam, #2 Exhibit 2 - September 12, 2011 Decision, #3 Exhibit 3 - October 11, 2011 Non-Final Rejection, #4 Exhibit 4 - June 26, 2012 Action Closing Prosecution, #5 Exhibit 5 - September 25, 2012 Right of Appeal Notice, #6 Exhibit 6 - October 25, 2012 Notice of Appeal) (Sigler, Roy) |
| Filing 518 Motion to Stay Pending the Outcome of Reexamination by Defendant Blackhawk Network, Inc.. Response due 11/1/2012. (Sigler, Roy) |
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Filing 517
ORDER denying #490 Motion for Judgment as a Matter of Law, which is construed as a motion for relief from judgment under Fed.R.Civ.P. 60(b). Signed by Magistrate Judge Stephen L. Crocker on 10/22/12. (rep)
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Filing 516
ORDER granting #492 Motion to Seal by Defendant Blackhawk Network, Inc; denying #511 Motion for Copies of Sealed Documents by Movant Litigation Presentation, Inc. Signed by Magistrate Judge Stephen L. Crocker on 10/12/2012. (arw)
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| Filing 515 Notice of Supplemental Authority by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re #482 MOTION FOR PERMANENT INJUNCTION InComm's Response to Blackhawk's Notice of Supplemental Authority. (Moreland, David) |
| Filing 514 Declaration of R. William Sigler re #482 MOTION FOR PERMANENT INJUNCTION (Attachments: #1 Exhibit 1 - Right of Appeal Notice) (Sigler, Roy) Modified on 10/2/2012 (jaf). |
| Filing 513 Notice of Supplemental Authority by Defendant Blackhawk Network, Inc. re: #482 re #482 MOTION FOR PERMANENT INJUNCTION in Support of its Opposition to InComm's Motion for Permanent Injunction. (Sigler, Roy) Modified on 10/2/2012 (jaf). |
| Filing 512 Notice of Change of Address by David S. Moreland (Moreland, David) |
| Filing 511 Motion for Copies of Sealed Documents by Movant Litigation Presentation, Inc. Response due 8/24/2012. (rep) |
| Filing 510 Supplemental Declaration of Dominic M. Persechini filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #478 Motion to Alter or Amend Judgment (Sealed Document) (Attachments: #1 Exhibit A-Calculation Schedules, #2 Exhibit B- Intrest Rate Chart) (Moreland, David) |
| Filing 509 Notice of Supplemental Authority in Response to Blackhawk's Notice of Supplemental Authority by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re #482 MOTION FOR PERMANENT INJUNCTION , #490 MOTION FOR JUDGMENT AS A MATTER OF LAW (Renewed) or, in the Alternative, a New Trial. (Abhyankar, Siraj) |
| Filing 508 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. re: #482 Motion for Permanent Injunction, #490 Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit 1 - Action Closing Prosecution) (Sigler, Roy) |
| Filing 507 Notice of Supplemental Authority by Defendant Blackhawk Network, Inc. re #482 MOTION FOR PERMANENT INJUNCTION , #490 MOTION FOR JUDGMENT AS A MATTER OF LAW (Renewed) or, in the Alternative, a New Trial . (Sigler, Roy) |
| Filing 506 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. re: #490 Motion for Judgment as a Matter of Law (Sealed Document) (Attachments: #1 Exhibit 1 - Demonstratives of L. Breitzke) (Sigler, Roy) |
| Filing 505 Brief in Reply by Defendant Blackhawk Network, Inc. in Support of #490 Motion for Judgment as a Matter of Law (Sealed Document) (Sigler, Roy) |
| Filing 504 Brief in Reply by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of #482 Motion for Permanent Injunction (Abhyankar, Siraj) |
| Filing 503 Brief in Reply by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of #478 Motion to Alter or Amend Judgment (Sealed Document) (Abhyankar, Siraj) |
| Filing 502 Declaration of Jason F. Hoffman filed by Defendant Blackhawk Network, Inc. re: #482 Motion for Permanent Injunction (Sealed Document) (Attachments: #1 Exhibit 1 - Douglas Dynamics, LLC v. Buyers Products Company, #2 Exhibit 2 - Office Action, #3 Exhibit 3 - Proposed Order) (Sigler, Roy) |
| Filing 501 Declaration of Michael Gionfriddo filed by Defendant Blackhawk Network, Inc. re: #482 Motion for Permanent Injunction (Sealed Document) (Attachments: #1 Exhibit 1 - Source Code) (Sigler, Roy) |
| Filing 500 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #482 Motion for Permanent Injunction filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Sigler, Roy) |
| Filing 499 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. re: #478 Motion to Alter or Amend Judgment (Attachments: #1 Exhibit 1 - Federal Reserve Website, #2 Exhibit 2 - Prejudgment Interest Schedule) (Sigler, Roy) |
| Filing 498 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #478 Motion to Alter or Amend Judgment filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sigler, Roy) |
| Filing 497 Declaration of Siraj M. Abhyankar filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #490 Motion for Judgment as a Matter of Law (Attachments: #1 Exhibit 1- Requesters Comments, #2 Exhibit 2- Definition) (Abhyankar, Siraj) |
| Filing 496 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #490 Motion for Judgment as a Matter of Law filed by Blackhawk Network, Inc. (Sealed Document) (Abhyankar, Siraj) |
| Filing 495 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #492 Motion to Seal filed by Blackhawk Network, Inc. (McGrath, Robin) |
| Reset Briefing Deadlines re: #490 MOTION FOR JUDGMENT AS A MATTER OF LAW (Renewed) or, in the Alternative, a New Trial. Brief in Opposition due 5/21/2012. Brief in Reply due 6/4/2012. (arw) |
| Set Briefing Deadlines re: #492 Motion to Seal Portions of the Trial Transcript and Trial Exhibits. Response due 4/27/2012. (arw/slc) |
| Filing 494 Declaration of R. William Sigler filed by Defendant Blackhawk Network, Inc. re: #492 Motion to Seal (Sealed Document) (Attachments: #1 Exhibit 1 - Proposed Portions of Record to Seal, #2 Exhibit 2 - PX2, #3 Exhibit 3 - PX4, #4 Exhibit 4 - PX68, #5 Exhibit 5 - PX101) (Sigler, Roy) |
| Filing 493 Brief in Support of #492 Motion to Seal Portions of the Trial Transcript and Trial Exhibits by Defendant Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Text of Proposed Order) (Sigler, Roy) |
| Filing 492 Motion to Seal Portions of the Trial Transcript and Trial Exhibits by Defendant Blackhawk Network, Inc. (Sigler, Roy) |
| Filing 491 Brief in Support of #490 Motion for Judgment as a Matter of Law (Renewed) or, in the Alternative, a New Trial by Defendant Blackhawk Network, Inc. (Sealed Document) (Sigler, Roy) |
| Filing 490 MOTION FOR JUDGMENT AS A MATTER OF LAW (Renewed) or, in the Alternative, a New Trial by Defendant Blackhawk Network, Inc. Brief in Opposition due 5/11/2012. Brief in Reply due 5/21/2012. (Sigler, Roy) |
| Filing 489 Brief in Reply in Opposition to Bill of Costs by Defendant Blackhawk Network, Inc. re: #475 Bill of Costs filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sigler, Roy) |
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Filing 488
** TEXT ONLY ORDER **ORDER granting #487 Motion for Extension of Time. Brief in Reply in Opposition to Bill of Costs due 4/13/2012. Signed by Magistrate Judge Stephen L. Crocker on 4/6/12. (rep)
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| Filing 487 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Brief in Support of Bill of Costs by Defendant Blackhawk Network, Inc.. (Sigler, Roy) |
| Filing 486 Declaration of David S. Moreland filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #475 Bill of Costs, (Attachments: #1 Exhibit A- Kemin v. Pigmentos, #2 Exhibit B- InComm's 3rd 30(b)(6) Notice of Blackhawk, #3 Exhibit C- InComm's 2nd 30(b)(6) Notice of Blackhawk) (Moreland, David) |
| Filing 485 Brief in Support of #475 Bill of Costs, by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Reset Briefing Deadlines as to #482 MOTION FOR PERMANENT INJUNCTION, #478 Motion to Alter or Amend Judgment for Pre-Judgment Interest, Post-Judgment Interest, and Supplemental Damages. Brief in Opposition due 5/21/2012. Brief in Reply due 6/4/2012. (rep) |
| Filing 484 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #482 Motion for Permanent Injunction (Attachments: #1 Exhibit A- Press Release, #2 Exhibit B- Mattress Safe v. Just Encase) (Abhyankar, Siraj) |
| Filing 483 Brief in Support of #482 Motion for Permanent Injunction by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 482 MOTION FOR PERMANENT INJUNCTION by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Attachments: #1 Text of Proposed Order) (Abhyankar, Siraj) |
| Filing 481 Declaration of Dominic M. Persechini filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #478 Motion to Alter or Amend Judgment (Sealed Document) (Attachments: #1 Exhibit A- CV, #2 Exhibit B- Calculation Schedules, #3 Exhibit C- Intrest Rate Chart, #4 Exhibit D-Blackhawk's Second Amended Resp. to InComm's 3rd Set of Rogs, #5 Exhibit E- Judgment, #6 Exhibit F- Blackhawk's Suppl. Response to Rog 15, #7 Exhibit G-Ltr from Hoffman to McGrath, #8 Exhibit H- Safeway 10-K, #9 Exhibit I- Securities Chart) (Abhyankar, Siraj) |
| Filing 480 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #478 Motion to Alter or Amend Judgment (Sealed Document) (Attachments: #1 Exhibit A- Ltr from Hoffman to McGrath) (Abhyankar, Siraj) |
| Filing 479 Brief in Support of #478 Motion to Alter or Amend Judgment by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Abhyankar, Siraj) |
| Filing 478 Motion to Alter or Amend Judgment for Pre-Judgment Interest, Post-Judgment Interest, and Supplemental Damages by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Abhyankar, Siraj) |
| Filing 477 Objection to Bill of Costs by Defendant Blackhawk Network, Inc. re: #475 Bill of Costs filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sigler, Roy) |
| Filing 476 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #475 Bill of Costs, (Sealed Document) (Attachments: #1 Exhibit 1- Blandina Invoice, #2 Exhibit 2- Graves Invoice, #3 Exhibit 3- Murphy Invoice, #4 Exhibit 4- Watson Invoice, #5 Exhibit 5- Graves Invoice, #6 Exhibit 6- Worsey Invoice, #7 Exhibit 7- Bhattacharya Invoice, #8 Exhibit 8- Boutwell Invoice, #9 Exhibit 9- Squilla, #10 Exhibit 10- Telephonic Hearing Invoice, #11 Exhibit 11- Ansari Invoice, #12 Exhibit 12- Baker Invoice, #13 Exhibit 13- Chakiris Invoice, #14 Exhibit 14- Quadagno Invoice, #15 Exhibit 15- Krishna Invoice, #16 Exhibit 16- Anderson Invoice, #17 Exhibit 17- Adiyath Invoice, #18 Exhibit 18- MacLeod Invoice, #19 Exhibit 19- Smith Invoice, #20 Exhibit 20- Roche Invoice, #21 Exhibit 21- Dmochowski Invoice, #22 Exhibit 22- Breitzke Invoices, #23 Exhibit 23- Dreifus Invoice, #24 Exhibit 24- Dreifus Expenses for Depo, #25 Exhibit 25- Meyerhoff Invoices, #26 Exhibit 26- Maliga Invoice, #27 Exhibit 27- Maliga Expenses for Depo, #28 Exhibit 28- Roche Invoice (12-16 Depo), #29 Exhibit 29- Dmochowski Invoice (12-20 Depo), #30 Exhibit 30- Gillman Invoice, #31 Exhibit 31- Degen Invoice, #32 Exhibit 32- McFarlane Invoice, #33 Exhibit 33- McFarlane Expenses for Depo, #34 Exhibit 34- Pre-Trial Conference Transcript Invoice, #35 Exhibit 35- Trial Transcript Invoices, #36 Exhibit 36- Copying Invoices, #37 Exhibit 37- Demonstrative Exhibit Invoices, #38 Exhibit 38- Process of Service Invoices, #39 Exhibit 39- Production Invoices, #40 Exhibit 40- Pacer Charges, #41 Exhibit 41- Maliga Trial Expenses, #42 Exhibit 42- Dreifus Trial Expenses, #43 Exhibit 43- McFarlane Trial Expenses, #44 Exhibit 44- Expert Hotel Invoices) (Hawkins, Holly) |
| Filing 475 Bill of Costs by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Motions referred to Peter A. Oppeneer, Clerk of Court. Objection to Bill of Costs due 3/26/2012. Brief in Support to Bill of Costs due 4/5/2012. Brief in Reply in Opposition to Bill of Costs due 4/10/2012. (Attachments: #1 Exhibit A- Other Costs) (Hawkins, Holly) |
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Filing 474
** TEXT ONLY ORDER ** At an unrecorded March 16, 2012 telephonic status conference, the court set the following schedule: Any Rule 59(e) motion must be filed within the time limit set by the rule. All other motions on all other topics must be filed and served not later than April 20, 2012, along with all supporting documents and legal argument. Responses to all motions must be filed and served not later than May 21, 2012, with replies due not later than June 4, 2012. Signed by Magistrate Judge Stephen L. Crocker on 3/16/12. (rep)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Status Conference held on 3/16/2012 [:10] (skv) |
| Set Telephone Pretrial or Status Conference: Telephone Status Conference set for 3/15/2012 at 02:00 PM rescheduled to 3/16/2012 at 01:30 PM to accommodate the court's calendar. Counsel for Plaintiff remains responsible for setting up the call to chambers at (608) 264-5153. (cak) |
| Set Telephone Status Conference: Telephone Status Conference set for 3/15/2012 at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rep) |
| Filing 473 JUDGMENT in favor of Interactive Communications International, Inc., e2Interactive, Inc. against Blackhawk Network, Inc. in the amount of $ 3,475,159.95. (SLC / PAO). (rep) |
| Filing 472 Transcript of 6th Day Jury Trial, Volume D, held 2/28/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 471 Transcript of 6th Day Jury Trial, Volume C, held 2/28/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 470 Damages Jury Instructions. (arw) |
| Filing 469 Court Exhibit List. (Attachments: #1 Court Ex. 1 - Question from Jury, #2 Court Ex. 2 - Question from Jury) (arw) |
| Filing 468 Joint List of Exhibits Admitted into Evidence re: #467 Jury Verdict on Damages. (arw) |
| Filing 467 Jury Verdict on Damages: Verdict returned in favor of Plaintiffs e2Interactive, Inc. and Interactive Communications International, Inc. in the amount of $3,475,159.95. (arw) |
| Filing 466 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Sixth Day of Jury Trial held on 2/28/2012. Damages verdict returned in favor of Plaintiffs e2Interactive, Inc. and Interactive Communications International, Inc. in the amount of $3,475,159.95. [6:50] (Court Reporters CS, LS) (arw) |
| Filing 465 Transcript of 6th Day Jury Trial, Volume B, held 2/28/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 464 Transcript of 6th Day Jury Trial, Volume A, held 2/28/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 463 Response by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #462 Supplemental Proposed Jury Instructions on Damages. (arw) |
| Filing 462 Supplemental Proposed Jury Instructions on Damages by Defendant Blackhawk Network, Inc. (arw) |
| Filing 461 Transcript of 5th Day Jury Trial, Volume D, held 2/27/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) Modified on 2/29/2012 (rep). |
| Filing 460 Transcript of 5th Day Jury Trial, Volume C, held 2/27/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) Modified on 2/29/2012 (rep). |
| Filing 459 Transcript of 5th Day Jury Trial, Volume B, held 2/27/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) Modified on 2/29/2012 (rep). |
| Filing 458 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Fifth Day of Jury Trial held on 2/27/2012. Evidence entered, trial continues. [7:05] (Court Reporters CS, LS) (arw) |
| Filing 457 Transcript of 5th Day Jury Trial, Volume A, held 2/27/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 456 Trial Brief Blackhawk's Response to Plaintiffs' Objection to Proposed Damages Jury Instruction (Docket No. 455) by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
| Set/Reset Trial Date: 7th Day Jury Trial set for 2/29/2012 at 9:00 AM. (lak) |
| Filing 455 Trial Brief Plaintiffs' Objection to Proposed Damages Jury Instructions by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Abhyankar, Siraj) |
| Filing 454 Transcript of 4th Day Jury Trial, Volume C, held 2/24/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 453 Transcript of 4th Day Jury Trial, Volume B, held 2/24/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 452 Transcript of 4th Day Jury Trial, Volume A, held 2/24/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 451 Joint List of Exhibits Admitted into Evidence re: #450 Jury Verdict on Liability. (arw) |
| Filing 450 Jury Verdict on Liability: Verdict returned in favor of Plaintiffs e2Interactive, Inc. and Interactive Communications International, Inc. (arw) |
| Filing 449 Liability Jury Instructions. (arw) |
| Filing 448 Introductory Jury Instructions. (arw) |
| Filing 447 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Fourth Day of Jury Trial held on 2/24/2012. Liability verdict returned in favor of Plaintiffs e2Interactive, Inc. and Interactive Communications International, Inc. Trial continues. [5:54] (Court Reporters CS, LS) (arw) |
| Set/Reset Trial Date: 6th Day Jury Trial set for 2/28/2012 at 9:00 AM. (lak) |
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Filing 446
ORDER on Parties' Damages Motions. Signed by Magistrate Judge Stephen L. Crocker on 2/26/2012. (arw)
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| Filing 445 Trial Brief in Response to Plaintiffs' Motion to Amend Jury Instructions by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
| Filing 444 Trial Brief in Response to Plaintiffs' Brief in Support of Presenting Evidence Regarding Georgia Pacific Factor No. 5 by Defendant Blackhawk Network, Inc. (Sigler, Roy) |
| Filing 443 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #441 Motion in Limine filed by Blackhawk Network, Inc. (Abhyankar, Siraj) |
| Filing 442 Trial Brief Plaintiffs' Motion to Amend Jury Instructions on Damages and Proposal for Addressing Potential Ambiguity in Jury Verdict regarding Liability by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A- Model Jury Instructions) (Abhyankar, Siraj) |
| Filing 441 Motion in Limine to Exclude the Opinions of Bruce McFarlane (Sealed Document) by Defendant Blackhawk Network, Inc.. (Hoffman, Jason) |
| Filing 440 Trial Brief Plaintiffs' Brief in Support of Presenting Evidence Regarding Georgia Pacific Factor No.5 by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 439 Transcript of 3rd Day Jury Trial, Volume D, held 2/23/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 438 Transcript of 3rd Day Jury Trial, Volume C, held 2/23/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 437 Transcript of 3rd Day Jury Trial, Volume B, held 2/23/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 436 Transcript of 3rd Day Jury Trial, Volume A, held 2/23/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 435 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Third Day of Jury Trial held on 2/23/2012. Evidence entered, trial continues. [5:24] (Court Reporters LS, CS) (arw) |
| Filing 434 Objections to #430 Proposed Jury Instructions by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 433 Notice by Defendant Blackhawk Network, Inc. re #432 Notice (Other) Response to Notice of Support. (Sealed Document) (Hoffman, Jason) |
| Set/Reset Trial Date: 5th Day Jury Trial set for 2/27/2012 at 9:00 AM. (lak) |
| Filing 432 Notice of Support by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: 431 Text Only Order. (Sealed Document) (Abhyankar, Siraj) |
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Filing 431
***TEXT ONLY ORDER***During trial on February 23, 2012, the parties renewed a long-dormant claims construction issue regarding the preambles to claim 1 and to claim 19 of the '439 patent. As the court stated in its April 25, 2011 order (dkt. 159 at 3) the parties should have made their case for construction with more rigor than the headline versions before the court last spring. The more recent request for the court to determine whether these preambles are limiting, raised virtually in passing at the final pretrial conference, see February 17, 2012 order, dkt. 414 at 10-13 did not flag this particular dispute, so the court's order did not address the competing constructions raised explicitly for the first time during the testimony of defendant's expert during trial, when the expert sought to construe the requirements of the preambles. This is a job reserved for the court. Having heard from both sides in open court, having reviewed the patent's specification and the preambles, the court concludes that the preamble to claim 1 does not require that all four steps of the method in claim 1 must be performed by the central processor, and the preamble to claim 19 does not require that all four instructions for performing an action must be performed by the central processor. In its submission on this point earlier this evening, defendant renews its objection to plaintiffs' expert testimony during trial regarding how defendant's BLISS system interacted with defendant's BLAST system, claiming that the trial testimony was the first time plaintiffs' expert had ever mentioned BLISS. The court overruled the objection at the time, saying it was an area for cross-examination. Defendant did not, at the time, explain to the court why this was of such particular concern. It now is clear in hindsight, given the current dispute over the preambles, why defendant objected to this testimony. The December 30, 2009 preliminary pretrial conference order required that the parties' expert disclosures comply in all parts with Rule 26(a)(2) and that supplementation had to be limited to matters raised in the first report, had to be in writing, and had to be served not later than the general discovery cutoff. If plaintiffs did not comply with these procedures and actually sandbagged defendant at trial by having their expert modify his opinion on infringement unfairly to add BLISS without forewarning, then that testimony must be stricken. In response to defendant's renewed request to strike, plaintiffs must cite to the court the passages in their expert's report(s) or deposition testimony where he put defendant on notice that the four steps set forth in claim 1 and claim 19 did not all occur in BLAST. This does not necessarily require that the expert have named BLISS specifically, but he must have provided fair notice of the opinion he provided at trial that other card processors were part of the infringing method or program. Plaintiff may have until 10:00 PM tonight to provide support for its position, defendant may have until 7:00 AM to reply. As already discussed, the parties should prepare to finish the evidence, argue the case and submit it to the jury tomorrow. Signed by Magistrate Judge Stephen L. Crocker on 2/23/2012. (lak)
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| Filing 430 Proposed Jury Instructions - Liability Supplemental Instruction regarding Relevant Dates for Purposes of Infringement by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 429 Notice by Defendant Blackhawk Network, Inc. . (Hoffman, Jason) |
| Filing 428 Notice by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re #146 Claims Construction Initial Brief, Regarding Prior Claim Construction Briefing. (McGrath, Robin) |
| Filing 427 Transcript of 2nd Day Jury Trial, Volume D, held 2/22/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 426 Transcript of 2nd Day Jury Trial, Volume C, held 2/22/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 425 Transcript of 2nd Day Jury Trial, Volume B, held 2/22/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 424 Transcript of 2nd Day Jury Trial, Volume A, held 2/22/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 423 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Second Day of Jury Trial held on 2/22/2012. Evidence entered, trial continues. [6:00] (Court Reporters CS, LS) (arw) |
| Set/Reset Trial Date: 4th Day Jury Trial set for 2/24/2012 at 9:00 AM. (lak) |
| Filing 422 Exhibit CD-ROM marked Plaintiffs' Exh. 467 containing deposition testimony of Ansar Ansari, Ashmit Bhatacharya, Audrey Macleod and Talbott Roche, filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. Exhibit maintained in Clerk's Office Exhibit Room, Shelf 14. (arw) |
| Filing 421 Transcript of 1st Day Jury Trial, Volume B, held 2/21/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 420 Transcript of 1st Day Jury Trial, Volume A, held 2/21/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: CS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 419 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Jury Selection and First Day of Trial held on 2/21/2012. Evidence entered, trial continues. [5:39] (Court Reporters CS, LS) (arw) |
| Set/Reset Trial Date: 3rd Day Jury Trial set for 2/23/2012 at 9:00 AM. (lak) |
| Filing 418 Notice by Defendant Blackhawk Network, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Regarding Video Deposition Designations. (Abhyankar, Siraj) |
| Set/Reset Trial Date: 2nd Day Jury Trial set for 2/22/2012 at 9:00 AM. (lak) |
| Filing 417 Notice by Defendant Blackhawk Network, Inc. Notice Regarding Anticipation. (Attachments: #1 Exhibit 1 -- Revised Introductory Jury Instructions) (Fisch, Alan) |
| Filing 416 Objection to Rule 26(a)(3) Designations by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 415 Stipulation for Priority Date of Asserted Prior Art by Defendant Blackhawk Network, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Smith, Frank) |
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Filing 414
Final Pretrial Conference Order. Signed by Magistrate Judge Stephen L. Crocker on 2/17/2012. (Attachments: #1 Revised Voir Dire, #2 Introductory Instructions) (llj)
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| Filing 413 Objection to Rule 26(a)(3) Designations by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 412 Objections to Trial Exhibits by Defendant Blackhawk Network, Inc.. (Sealed Document) (Hoffman, Jason) |
| Filing 411 Brief in Opposition by Defendant Blackhawk Network, Inc. re #409 Notice (Other) Objection to Plaintiffs' Proposed Glossary. (Sigler, Roy) Modified on 2/16/2012 (jaf). |
| Filing 410 Stipulation for Witnesses and Exhibits During Trial by Defendant Blackhawk Network, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Smith, Frank) |
| Filing 409 Notice by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Plaintiffs' Submission of Proposed Glossary. (Attachments: #1 Exhibit A- Proposed Glossary) (Abhyankar, Siraj) |
| Filing 408 Transcript of Final Hearing, held 2/9/12 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 407 Declaration of Jason F. Hoffman re #402 Trial Brief, #406 Trial Brief (Attachments: #1 Exhibit 1 - Oct. 11, 2011 Office Action in Reexamination No. 95/001,464, #2 Exhibit 2 - April 7, 2011 NIRC in Reexamination No. 90/011,070) (Hoffman, Jason) |
| Filing 406 Trial Brief in Response to Plaintiffs' Supplemental Brief Regarding Whether Certain Portions of the Preamble of Claims 1 and 19 are Limiting (Docket #382) by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 405 Supplemental Brief in Opposition re: #300 Proposed Jury Instructions - Liability and Damages by Defendant Blackhawk Network, Inc. (Hoffman, Jason) Modified on 2/15/2012 (jaf). |
| Filing 404 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #380 Motion for Miscellaneous Relief filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hoffman, Jason) |
| Filing 403 Supplemental Brief in Opposition re: #290 Motion in Limine No. 3- Regarding Prior Art References Relied on by Blackhawk by Defendant Blackhawk Network, Inc. (Hoffman, Jason) Modified on 2/15/2012 (jaf). |
| Filing 402 Supplemental Brief in Opposition re: #289 Motion in Limine No. 2- Motion to Exclude Blackhawk from Challenging the Priority Date of the 439 Patent by Defendant Blackhawk Network, Inc. (Hoffman, Jason) Modified on 2/15/2012 (jaf). |
| Filing 401 Supplemental Brief in Opposition re: #288 Motion in Limine No. 1- Motion to Prohibit Claim Construction Arguments Contrary to the Court's Constructions by Defendant Blackhawk Network, Inc. (Hoffman, Jason) Modified on 2/15/2012 (jaf). |
| Filing 400 Errata Sheet to #265 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 399 Errata Sheet to #267 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 398 Errata Sheet to #266 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 397 Errata Sheet to #208 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 396 Errata Sheet to #274 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 395 Errata Sheet to #268 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 394 Errata Sheet to #270 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 393 Errata Sheet to #269 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 392 Errata Sheet to #163 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 391 Errata Sheet to #162 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 390 Amended Exhibit List (Third) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 389 Errata Sheet to #207 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 388 Errata Sheet to #229 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 387 Amended Deposition Designations (Second) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 386 Errata Sheet to #206 Deposition (Sealed Document) (Hoffman, Jason) |
| Filing 385 Exhibit M to #384 Declaration,,, filed by Interactive Communications International, Inc., e2Interactive, Inc. 439 File History (Sealed Document) (Attachments: #1 Exhibit M- Part 2) (Abhyankar, Siraj) Modified on 2/14/2012 (jaf). |
| Filing 384 Declaration of Siraj M. Abhyankar filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of Follow Up Briefs re: #290 Motion in Limine, #289 Motion in Limine, #288 Motion in Limine, (Sealed Document) (Attachments: #1 Exhibit A- Jan. 7, 2011 Office Action, #2 Exhibit B- Granted Petition re Priorty Date, #3 Exhibit C- Notice of Intent to Issue Cert., #4 Exhibit D- Excerpts of Breitzke Invalidity Report, #5 Exhibit E- Excerpts of Breitzke Depo, #6 Exhibit F- Voda v. Medtronic, #7 Exhibit G- Oct. 11, 2011 Office Action, #8 Exhibit H- PCT Record, #9 Exhibit I- Requestor's Comments, #10 Exhibit J- Amendment in Reply to Office Action, #11 Exhibit K- Interview Summary, #12 Exhibit L- Fox 986, #13 Exhibit M- 439 File History - See #385 for corrected exhibit) (Abhyankar, Siraj) Modified on 2/13/2012 (rep). Modified on 2/14/2012 (jaf). |
| Filing 383 Notice by Defendant Blackhawk Network, Inc. regarding Supplemental Motions in Limine Briefing. (Fisch, Alan) |
| Filing 382 Trial Brief Plaintiffs Supplemental Brief Regarding Whether Certain Portions of the Preamble of Claims 1 and 19 are Limiting by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 381 Trial Brief re: #300 Jury Instructions Plaintiff's Supplemental Brief Regarding Jury Instructions on Infringement of Computer Claims by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) Modified on 2/14/2012 (jaf). |
| Filing 380 Motion for Clarification Regarding the Ex Parte Reexamination by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Response due 2/21/2012. (Abhyankar, Siraj) |
| Filing 379 Supplemental Brief in Support of #290 Motion in Limine Plaintiffs Follow Up Brief Concerning The Proper Priority Date of the Asserted Prior Art by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 378 Supplemental Brief in Support of #289 Motion in Limine Plaintiffs Follow Up Brief Regarding the Proper Priority Date of the 439 Patent by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 377 Supplemental Brief in Support of #288 Motion in Limine, Plaintiffs Follow Up Brief Regarding Claim Construction by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 376 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Final Pretrial Conference held on 2/10/2012. [2:13]Attention: In the event of a settlement of this matter over the weekend, counsel are advised to contact the Clerk of Court at (608) 287-4875 or the Chief Deputy Clerk at (608) 354-8004. (Court Reporter FTR.) (voc) |
| Filing 375 Deposition of Bruce McFarlane taken on 2/1/2012 (Sealed Document) (Hoffman, Jason) |
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Filing 374
ORDER Distributing Draft Voir Dire, Jury Instructions and Special Verdict Forms. Signed by Magistrate Judge Stephen L. Crocker on 2/8/12. (Attachments: #1 Voir Dire, #2 Introductory Jury Instructions, #3 Post-trial Jury Instructions, #4 Damages Jury Instructions, #5 Liability Verdict Form, #6 Damages Verdict Form) (rep)
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| Filing 373 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #367 Motion in Limine filed by Blackhawk Network, Inc. Opposition to Blackhawk's Motion in Limine #7 (Sealed Document) (Abhyankar, Siraj) |
| Filing 372 Amended Objection to Rule 26(a)(3) Designations by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 371 Amended Witness List (Third) by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
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Filing 370
** TEXT ONLY ORDER **ORDER granting #369 Motion to Admit Roy William Sigler Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 2/7/12. (rep)
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| Filing 369 Motion to Admit Roy William Sigler Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number 0758-929472.) by Defendant Blackhawk Network, Inc.. (Sigler, Roy) |
| Filing 368 Amended Exhibit List (Second) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Abhyankar, Siraj) |
| Filing 367 Motion in Limine No. 7 - Limiting Testimony of Bruce McFarlane to Opinions Properly Disclosed in his Expert Report (Sealed Document) by Defendant Blackhawk Network, Inc.. (Hoffman, Jason) |
| Filing 366 Disregard. See docket entry #375 . Requested attorney file condensed version once it is available on 2/6/2012 (jaf). Modified on 2/9/2012 (jaf). |
| Filing 365 Expert Report of Carl G. Degen by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Abhyankar, Siraj) |
| Filing 364 Deposition of Carl G. Degen taken on 1/25/2012 (Sealed Document) (Abhyankar, Siraj) |
| Filing 363 Response to Proposed Voir Dire by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 362 Objections to #302 Proposed Special Verdict, #304 Proposed Special Verdict, #300 Proposed Jury Instructions by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 361 Declaration of Jason F. Hoffman filed by Defendant Blackhawk Network, Inc. re: #344 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit 1 - Dreifus Declaration) (Hoffman, Jason) |
| Filing 360 Motion for Leave to File a Reply Brief in Support of Motions in Limine No. 2 and 3 by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Attachments: #1 Proposed Reply Brief, #2 Proposed Declaration of Abhyankar, #3 Proposed Ex. 1 to Abhyankar Declaration) (Abhyankar, Siraj) |
| Filing 359 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #344 Motion in Limine filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 358 Notice by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re #289 Motion in Limine Notice of Supplemental Authority. (Attachments: #1 Exhibit A- Voda v. Medtronic) (Abhyankar, Siraj) |
| Filing 357 Declaration of Siraj M. Abhyankar re #355 Objections to Proposed Jury Instructions and Special Verdict (Sealed Document) (Attachments: #1 Exhibit A- Breitzke Expert Report Excerpts, #2 Exhibit B- Breitzke Depo Excerpts, #3 Exhibit C- McFarlane Expert Report Excerpts, #4 Exhibit D- Degen Expert Report Excerpts) (Abhyankar, Siraj) |
| Filing 356 Proposed Special Verdict - Damages Revised Proposed Special Verdict by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 355 Objections to #307 Proposed Special Verdict by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 354 Objections to #303 Proposed Jury Instructions by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 353 Response to Proposed Voir Dire by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 352 Amended Exhibit List (Second) by Defendant Blackhawk Network, Inc.. (Sealed Document) (Hoffman, Jason) |
| Filing 351 Declaration of Jason F. Hoffman filed by Defendant Blackhawk Network, Inc. in Support of Blackhawk's Objections to InComm's Witness List and Oppositions to InComm's Motions in Limine Nos. 1-4 re: #291 Motion in Limine, #290 Motion in Limine, #289 Motion in Limine, #288 Motion in Limine, (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,578,439, #2 Exhibit 2 - Dec. 12, 2011 Amendment in Reply to Action of Oct. 11, 2011 in Reexamination No. 95/001,464, #3 Exhibit 3 - Jan. 11, 2011 Order Granting Petition in U.S. Patent Application No. 10/655,828, #4 Exhibit 4 - Apr. 7, 2011 Office Action in Reexamination Control No. 90/011,070, #5 Exhibit 5 - International Patent Publication No. WO 00/50986 (Fox 986 reference), #6 Exhibit 6 - U.S. Patent Application No. 09/257,366 (Fox 366 reference), #7 Exhibit 7 - U.S. Provisional Application No. 60/141,994 (Resnick 994 reference), #8 Exhibit 8 - Oct. 11, 2011 Non-Final Office Action in Reexamination Control No. 95/001,464, #9 Exhibit 9 - Sep. 12, 2011 Communication in Reexamination Control No. 95/001,464, #10 Exhibit 10 - Jan. 6, 2011 Amended Initial Disclosures by InComm Pursuant to Fed. R. Civ. P. 26(a)(1), #11 Exhibit 11 - Nov. 15, 2011 E-mail from K. Branch to A. Fisch, #12 Exhibit 12 - Apr. 11, 2011 Rule 30(b)(6) Notice of Deposition by Blackhawk Network, #13 Exhibit 13 - Aug. 11, 2010 Letter from D. Moreland to D. Hipskind) (Hoffman, Jason) |
| Filing 350 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #291 Motion in Limine filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hoffman, Jason) |
| Filing 349 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #290 Motion in Limine filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hoffman, Jason) |
| Filing 348 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #289 Motion in Limine filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hoffman, Jason) |
| Filing 347 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #288 Motion in Limine, filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hoffman, Jason) |
| Filing 346 Objection to Rule 26(a)(3) Designations by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 345 Declaration of David Moreland filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Motion in Limine #5 re: #344 Motion in Limine (Attachments: #1 Exhibit 1- Blackhawk's 282 Notice) (Moreland, David) |
| Filing 344 Motion in Limine No.5- Motion to Exclude Unsupported Invalidity References by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 343 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Oppositions to Blackhawk's Witness List and Motions in Limine Nos.1-6 re: #279 Motion in Limine, #315 Motion in Limine, #282 Motion in Limine, #280 Motion in Limine, #281 Motion in Limine, #283 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit A- Excerpts of Breitzke Report, #2 Exhibit B- Experpts of Breitzke Deposition, #3 Exhibit C- US Patent 6,000,608, #4 Exhibit D- US Patent 6,189,787, #5 Exhibit E- Chart, #6 Exhibit F- US Patent 7,578,439, #7 Exhibit G- Dec of Dreifus, #8 Exhibit H- Reexam Request, #9 Exhibit I- Blackhawk's 282 Notice, #10 Exhibit J- Invalidity Contentions) (Hawkins, Holly) |
| Filing 342 Declaration of Philip Graves filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Opposition to Blackhawk's Motion in Limine #3 re: #281 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit A- License Agreement) (Hawkins, Holly) |
| Filing 341 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #315 Motion in Limine filed by Blackhawk Network, Inc. Opposition to Motion in Limine #6 (Hawkins, Holly) |
| Filing 340 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #283 Motion in Limine filed by Blackhawk Network, Inc. Opposition to Motion in Limine #5 (Hawkins, Holly) |
| Filing 339 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #282 Motion in Limine filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 338 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #281 Motion in Limine filed by Blackhawk Network, Inc. Opposition to Motion in Limine #3 (Sealed Document) (Hawkins, Holly) |
| Filing 337 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #280 Motion in Limine, filed by Blackhawk Network, Inc. Opposition to Motion in Limine #2 (Sealed Document) (Hawkins, Holly) |
| Filing 336 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #279 Motion in Limine filed by Blackhawk Network, Inc. Opposition to Motion in Liminie #1 (Hawkins, Holly) |
| Filing 335 Objection to Rule 26(a)(3) Designations Objections to Defendant's Witness List by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) Modified docket text on 1/27/2012. (arw) |
| Filing 334 Objection to Rule 26(a)(3) Designations Objections and Counter-Designations to Defendant's Initial Deposition Designations by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) Modified docket text on 1/27/2012. (arw) |
| Filing 333 Objections to Trial Exhibits by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Sealed Document) (Hawkins, Holly) |
| Filing 332 Objection to Rule 26(a)(3) Designations by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 331 Objections to Trial Exhibits by Defendant Blackhawk Network, Inc.. (Sealed Document) (Hoffman, Jason) |
| Filing 330 Amended Witness List (Second) by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 329 Deposition of Matthew Watson (30(b)(6)) taken on 3/3/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 328 Deposition of Frank Squilla taken on 3/16/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 327 Deposition of M. Brooks Smith taken on 8/2/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 326 Deposition of Peter Quadagno taken on 5/25/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 325 Deposition of Gregory Murphy (30(b)(6)) taken on 6/30/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 324 Deposition of Gregory Murphy (30(b)(6)) taken on 2/3/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 323 Deposition of Scott Meyerhoff (30(b)(6)) taken on 12/13/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 322 Deposition of Phillip Graves (30(b)(6)) taken on 11/17/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 321 Deposition of Anne Gillman taken on 1/5/2012 (Sealed Document) (Hoffman, Jason) |
| Filing 320 Deposition of Samuel Collins (30(b)(6) taken on 11/17/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 319 Deposition of Phil Chakiris taken on 5/20/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 318 Deposition of Jennifer Boutwell taken on 3/16/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 317 Deposition of Michael Blandina taken on 9/22/2010 (Sealed Document) (Hoffman, Jason) |
| Filing 316 Deposition of Ashmit Bhattacharya taken on 3/11/2011 (Sealed Document) (Hoffman, Jason) |
| Filing 315 Motion in Limine No. 6 Precluding Kenneth Maliga from Offering Opinions that Blackhawk Infringes Under the Doctrine of Equivalents (Sealed Document) by Defendant Blackhawk Network, Inc.. (Hoffman, Jason) |
| Filing 314 Amended Exhibit List by Defendant Blackhawk Network, Inc.. (Sealed Document) (Hoffman, Jason) |
| Filing 313 Amended Witness List by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 312 Amended Deposition Designations by Defendant Blackhawk Network, Inc.. (Hoffman, Jason) |
| Filing 311 Amended Exhibit List by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 310 Amended Witness List by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 309 Amended Deposition Designations by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 308 Memorandum in Support of #303 Proposed Jury Instructions by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 307 Proposed Special Verdict - Liability and Damages by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 306 Memorandum in Support of #302 Proposed Special Verdict, #304 Proposed Special Verdict, #300 Proposed Jury Instructions by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 305 Proposed Voir Dire by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 304 Proposed Special Verdict - Damages by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 303 Proposed Jury Instructions - Liability and Damages by Defendant Blackhawk Network, Inc. (Hoffman, Jason) |
| Filing 302 Proposed Special Verdict - Liability by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 301 Proposed Voir Dire by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 300 Proposed Jury Instructions - Liability and Damages by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
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Filing 299
ORDER granting #161 and #204 Motion for Summary Judgment with respect to plaintiff In Comm's claim that defendant directly infringed the '926 patent. Parties may have until 1/20/12 to update their first round of submissions for the final pretrial conference to account for this order. Signed by Magistrate Judge Stephen L. Crocker on 1/17/12. (rep)
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Filing 298
** TEXT ONLY ORDER **The parties' jointly proposed dates to submit proposed jury instructions, voir dire and verdict forms are accepted and adopted by the court. The parties' joint request to try this case to an eight-person jury is GRANTED. Signed by Magistrate Judge Stephen L. Crocker on 1/17/12. (rep)
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| Filing 297 Stipulated Motion to Amend/Correct #24 Pretrial Conference Order,, concerning submission of jury instructions and number of jurors by Defendant Blackhawk Network, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Response due 1/23/2012. (Peterson, James) |
| Filing 296 Exhibit List by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 295 Witness List by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 294 Deposition Designations by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
| Filing 293 Declaration of David Moreland filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of Motions in Liminie Nos. 1-4 (dkts. #288 , #289 , #290 , #291 )(Sealed Document) (Attachments: #1 Exhibit 1- US Patent 7,578,439, #2 Exhibit 2- InComm's Resps to Blackhawk's Rogs, #3 Exhibit 3- Request for Reexamination, #4 Exhibit 4- Non Final Office Action, #5 Exhibit 5- Granted Petition, #6 Exhibit 6- Excerpts from Breitzke Depo, #7 Exhibit 7- Excerpts from Graves Depo, #8 Exhibit 8- Excerpts of Murphy Depo, #9 Exhibit 9- Breitzke Invalidity Report, #10 Exhibit 10- Fox 986, #11 Exhibit 11- MPEP 706.02, #12 Exhibit 12- Office Action, #13 Exhibit 13- Fox 366, #14 Exhibit 14- Resnick 994, #15 Exhibit 15- PAIR Record, #16 Exhibit 16- PCT Record, #17 Exhibit 17- Reexamination Certificate, #18 Exhibit 18- Inter Partes Record, #19 Exhibit 19- Excerpts from Dreifus Depo, #20 Exhibit 20- Reexamination Statistics, #21 Exhibit 21- Notice to Issue Reexam Certificate) (Moreland, David) Modified on 1/13/2012 (rep). |
| Filing 292 Exhibit List by Defendant Blackhawk Network, Inc.. (Sealed Document) (Hoffman, Jason) |
| Filing 291 Motion in Limine No. 4- Motion to Exclude Evidence of Pending Inter Partes Reexamination Proceeding by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) Modified on 1/13/2012 (rep). |
| Filing 290 Motion in Limine No. 3- Regarding Prior Art References Relied on by Blackhawk by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) Modified on 1/13/2012 (rep). |
| Filing 289 Motion in Limine No. 2- Motion to Exclude Blackhawk from Challenging the Priority Date of the 439 Patent by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) Modified on 1/13/2012 (rep). |
| Filing 288 Motion in Limine No. 1- Motion to Prohibit Claim Construction Arguments Contrary to the Court's Constructions by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) Modified on 1/13/2012 (rep). |
| Filing 287 Disregard. See docket entries #288 , #289 , #290 , #291 . Requested attorney file each motion in limine separately on 1/13/2012 (jaf). Modified on 1/13/2012 (jaf). |
| Filing 286 Deposition Designations by Defendant Blackhawk Network, Inc.. (Hoffman, Jason) |
| Filing 285 Witness List by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 284 Declaration of Jason F. Hoffman filed by Defendant Blackhawk Network, Inc. re: #279 Motion in Limine, #282 Motion in Limine, #280 Motion in Limine, #281 Motion in Limine, #283 Motion in Limine (Sealed Document) (Attachments: #1 Exhibit 1 - Excerpt from InComms First Supplemental Responses to Blackhawks Second Set of Interrogatories, #2 Exhibit 2 - Nov. 21, 2003 Memorandum from W. Paulsen to B. Smith, #3 Exhibit 3 - Oct. 4, 2011 Final Arbitral Award in InComms arbitration against Alexsam, Inc., #4 Exhibit 4 - Oct. 4, 2011 Press Release from Paul Hastings, #5 Exhibit 5 - Complaint in Case No. 1:11-1056 (W.D. Tex.), #6 Exhibit 6 - Excerpt from InComms Third Supplemental Responses to Blackhawks First Set of Interrogatories, #7 Exhibit 7 - U.S. Patent No. 7,578,439, #8 Exhibit 8 - Excerpt from InComms Responses to Blackhawks First Set of Interrogatories, #9 Exhibit 9 - U.S. Patent No. 7,630,926, #10 Exhibit 10 - Excerpt from InComms Responses to Blackhawks Second Set of Interrogatories) (Hoffman, Jason) |
| Filing 283 Motion in Limine No. 5 Limiting Testimony Henry Dreifus to Opinions Properly Disclosed in his Expert Reports (Sealed Document) by Defendant Blackhawk Network, Inc.. (Fisch, Alan) |
| Filing 282 Motion in Limine No. 4 to Preclude the Plaintiffs from Presenting Evidence or Argument in Support of a Lost Profits Claim for Damages (Sealed Document) by Defendant Blackhawk Network, Inc.. (Fisch, Alan) |
| Filing 281 Motion in Limine No. 3 to Exclude the Plaintiffs' License Agreement with Alexsam, Inc. from Evidence (Sealed Document) by Defendant Blackhawk Network, Inc.. (Fisch, Alan) |
| Filing 280 Motion in Limine No. 2 to Preclude Evidence and Testimony Relating to the Prior Business Relationship between the Parties and Alegations regarding Blackhawk's Business Practices (Sealed Document) by Defendant Blackhawk Network, Inc.. (Fisch, Alan) |
| Filing 279 Motion in Limine No. 1 to Preclude Plaintiffs from Presenting Inventor Testimony and Other Evidence During its Infringement Case (Sealed Document) by Defendant Blackhawk Network, Inc.. (Fisch, Alan) |
| Filing 278 Expert Report of Henry Dreifus by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) Requested attorney refile with exhibits attached and described properly on 1/13/2012 (jaf). Modified on 1/13/2012. Refiling not necessary. (rep). |
| Filing 277 Expert Report of Bruce McFarlane by Defendant Blackhawk Network, Inc. (Sealed Document) (Hoffman, Jason) |
| Filing 276 Notice by Defendant Blackhawk Network, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Identification of Asserted Claims for Trial and Accused Systems and Processes. (Sealed Document) (McGrath, Robin) |
| Filing 275 Expert Report of Lori Breitzke (Invalidity) by Plaintiff Interactive Communications International, Inc. (Sealed Document) (Duchemin, Matthew) Courtesy copy of document on disc filed on Shelf 14 (rep). |
| Filing 274 Deposition of Dan Dmochowski taken on 12/20/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 273 Deposition of Talbott Roche (30(b)(6)) taken on 12/16/11 (Sealed Document) (Duchemin, Matthew) |
| Filing 272 Deposition of Kenneth R. Maliga taken on 12/14/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 271 Deposition of Henry Dreifus taken on 12/7/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 270 Deposition of Lori Breitzke taken on 12/2/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 269 Deposition of Lori Breitzke taken on 12/1/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 268 Deposition of Dan Dmochowski (30(b)(6)) taken on 11/22/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 267 Deposition of Talbott Roche (30(b)(6)) taken on 11/11/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 266 Deposition of Audrey Macleod taken on 7/14/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 265 Deposition of Mark Worsey taken on 3/10/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 264 Deposition of Phillip Graves taken on 3/3/2011 (Sealed Document) (Duchemin, Matthew) |
| Filing 263 Deposition of Phillip Graves (30(b)(6)) taken on 1/28/2011 (Sealed Document) (Duchemin, Matthew) |
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Filing 262
ORDER clarifying trial procedure. Parties are to jointly submit to the court a chart listing the claims and products at issued for trial not later than 1/12/12. Signed by Magistrate Judge Stephen L. Crocker on 12/27/11. (rep)
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Filing 261
** TEXT ONLY ORDER **ORDER granting #259 and #260 Motions to Admit Jeffrey Saltman and Joseph Drayton Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 12/27/11. (rep)
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| Filing 260 Motion to Admit Joseph Drayton Pro Hac Vice. (Pro Hac Vice Fee $50, receipt number 0758-900491) by Defendant Blackhawk Network, Inc. (Drayton, Joseph) |
| Filing 259 Motion to Admit Jeffrey Saltman Pro Hac Vice. (Pro Hac Vice Fee $50, receipt number 0758-898506) by Defendant Blackhawk Network, Inc. (Saltman, Jeffrey) |
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Filing 258
ORDER denying in part and staying in part #161 Motion for Summary Judgment. ; granting #200 Motion for Summary Judgment. Not later than 1/12/12, the parties must jointly submit to the court a chart that lists which claims and which products are at issue for trial. Signed by Magistrate Judge Stephen L. Crocker on 12/12/11. (rep)
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| Filing 257 Notice of Withdrawal of Counsel by Alan M. Fisch re: Defendant Blackhawk Network, Inc. of Caroline Rieger Brownlie (Fisch, Alan) |
| Filing 256 Supplemental Brief in Reply by Defendant Blackhawk Network, Inc. in Support of #204 Motion for Summary Judgment (Sealed Document) (Fisch, Alan) |
| Filing 255 Reply in Support of Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 (Sealed Document) (Fisch, Alan) |
| Filing 254 Response to Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 (Sealed Document) (Fisch, Alan) |
| Filing 253 Motion to Withdraw #248 Motion for Attorney Fees by Defendant Blackhawk Network, Inc., Plaintiff Interactive Communications International, Inc. (Sealed Document). (Fisch, Alan) Modified on 11/17/2011 (jaf). |
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Filing 252
** TEXT ONLY ORDER **ORDER accepting and entering amendments to protective order. Signed by Magistrate Judge Stephen L. Crocker on 11/16/11. (rep)
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| Filing 251 Unopposed Motion to Amend/Correct 95 Order on Motion for Protective Order,,,,, by Defendant Blackhawk Network, Inc.. Response due 11/23/2011. (Fisch, Alan) |
| Filing 250 Transcript of Telephone Motion Hearing, held 11/2/2011 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (arw) |
| Filing 249 Declaration of Robin L. McGrath filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #248 Motion for Attorney Fees (Sealed Document) (Attachments: #1 Exhibit A- Itemized Expenses) (Moreland, David) |
| Filing 248 Motion for Attorney Fees (Sealed Document) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Moreland, David) |
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Filing 247
** TEXT ONLY ORDER **Plaintiffs' motion #242 to file a supplemental opposition to defendant's motion for summary judgment on the '926 patent is GRANTED. Defendant may have until November 18, 2011 to file its reply to plaintiffs' supplemental submissions [243-246] Signed by Magistrate Judge Stephen L. Crocker on 11/8/11. (rep) Modified on 11/22/2011 (llj).
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| Filing 246 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Supplemental Brief in Opposition re: #204 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1- B0622880-952, #2 Exhibit 2- B0623071-84, #3 Exhibit 3- B0622953-070, #4 Exhibit 4-B0622786-79, #5 Exhibit 5- B0623085-108, #6 Exhibit 6- BH's Second Supp. Resp. to InComm's Second Set of Rogs, #7 Exhibit 7- Anderson Depo Excerpts, #8 Exhibit 8- Maliga Expert Report Excerpts, #9 Exhibit 9- Excerpts of Source Code, #10 Exhibit 10- Excerpts of Source Code, #11 Exhibit 11- Excerpts of Source Code) (Hawkins, Holly) |
| Filing 245 Supplemental Response to Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 (Sealed Document) (Hawkins, Holly) |
| Filing 244 Second Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 Motion for Summary Judgment InComm's Second Supplemental Proposed Findings of Fact in Support of Supplemental Brief in Opposition (Sealed Document) (Hawkins, Holly) |
| Filing 243 Supplemental Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 Motion for Summary Judgment filed by Blackhawk Network, Inc. (Sealed Document) (Hawkins, Holly) |
| Filing 242 Motion for Leave to File a Supplemental Opposition to Defendant's Motion for Summary Judgment of US Patent 7,630,926 by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. (Hawkins, Holly) |
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Filing 241
** TEXT ONLY ORDER **At a November 2, 2011 telephonic hearing the court denied as moot plaintiffs' motion to compel discovery #236 but granted in part plaintiffs' request for cost-shifting under Rule 37(a) because defendant did not produce the requested documents until after the motion was filed. Plaintiffs may have until November 9, 2011 within which to file their itemized request for costs and any justification for the amount claimed. Defendant may have until November 16, 2011 within which to respond. Signed by Magistrate Judge Stephen L. Crocker on 11/2/11. (rep) Modified on 11/18/2011 (llj).
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion Hearing held on 11/2/2011 [:20] (cak) |
| Filing 240 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #236 Motion to Compel (Sealed Document) (Attachments: #1 Exhibit 1 - Oct. 21, 2011 Letter frm Brownlie to Medlock regarding Production, #2 Exhibit 2 - June 17, 2011 Email Chain to Lauridsen, #3 Exhibit 3 - Sept. 2, 2011 Letter from Snyder to Lauridsen - Re Boost Mobile Subpoena) (Fisch, Alan) |
| Filing 239 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #236 Motion to Compel filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Fisch, Alan) |
| Sett Deadlines as to #236 Motion to Compel Production of Documents. Telephone Motion Hearing set for 11/2/2011 at 11:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rep) |
| Filing 238 Declaration of David S. Moreland filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. In Support of InComm's Motion to Compel Production of Documents re: #236 Motion to Compel (Attachments: #1 Exhibit A- InComm'd 2nd Set of RFPs to BH, #2 Exhibit B- BH's Resp. to InComm's 2nd Set of RFPs, #3 Exhibit C- Subpoenas, #4 Exhibit D- Transcript of Teleconference, #5 Exhibit E- InComm's 3 Set of RFPs to BH, #6 Exhibit F- BH's Resp. to 3rd Set of RFPs, #7 Exhibit G- Ltr from Medlock to Brownlie dated Sept. 27, 2011, #8 Exhibit H- Ltr from Brownlie to Medlock dated Sept. 30, 2011, #9 Exhibit I- Ltr from Brownlie to Medlock dated Oct. 4, 2011, #10 Exhibit J- Ltr from Medlock to Brownlie dated Oct. 6, 2011, #11 Exhibit K- Ltr from Medlock to Brownlie dated Oct. 11, #12 Exhibit L- Ltr from Brownlie to Medlock dated Oct. 14, 2011, #13 Exhibit M- Email from Moreland to Brownlie dated Oct. 18, 2011, #14 Exhibit N- Ltr from Medlock to Brownlie dated Oct. 14, 2011) (Moreland, David) |
| Filing 237 Brief in Support of #236 Motion to Compel Production of Documents by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 236 Motion to Compel Production of Documents by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Response due 10/26/2011. (Moreland, David) |
| Filing 235 Notice of Change of Address by David S. Moreland (Moreland, David) |
| Filing 234 Brief in Reply by Defendant Blackhawk Network, Inc. in Support of #204 Motion for Summary Judgment (Sealed Document) (Fisch, Alan) |
| Filing 233 Response to Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 -- DEFENDANT BLACKHAWK NETWORK, INC.S RESPONSE TO PLAINTIFFS E2INTERACTIVE, INC. AND INTERACTIVE COMMUNICATIONS INTERNATIONAL, INC.S SUPPLEMENTAL PROPOSED FINDINGS OF FACT (Sealed Document) (Fisch, Alan) |
| Filing 232 Reply in Support of Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 (Sealed Document) (Fisch, Alan) |
| Filing 231 Notice of Change of Address by Robin L. McGrath (McGrath, Robin) |
| Filing 230 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Opposition of Blackhawk's Motion for Summary Judgment re: #204 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit A- Expert Report of Kenneth R. Maliga, #2 Exhibit B- Blackhawk's Supplemental Resp. to InComm's Second Set of Rogs dated May 3, 2011, #3 Exhibit C- Telecom Variable RTR Pinpad TopUp at Tier 1, #4 Exhibit D- Telecom Variable RTR Pinpad TopUp at Tier 1, #5 Exhibit E- Excerpts of Source Code, #6 Exhibit F- Excerpts of Source Code, #7 Exhibit G- Excerpts of Source Code, #8 Exhibit H-Excerpts of Source Code, #9 Exhibit I- Excerpts of Source Code, #10 Exhibit J-Excerpts of Source Code, #11 Exhibit K- Excerpts of Source Code, #12 Exhibit L-Excerpts of Source Code, #13 Exhibit M-Excerpts of Source Code, #14 Exhibit N- Excerpts of Source Code, #15 Exhibit O- Real Time Replenishment (RTR) Card Functionality Vision, #16 Exhibit P- InComm's Second Set of RFPs to Blackhawk dated Oct. 20, 2010, #17 Exhibit Q- Subpoenas to Boost, Virgin, and Sprint, #18 Exhibit R- Letter from Synder to Lauridsen dated Sept. 2, 2011, #19 Exhibit S- Anderson Depo Excerpts, #20 Exhibit T- Ansari Depo Excerpts, #21 Exhibit U- Jayaprakash Depo Excerpts, #22 Exhibit V- Kannembath Depo Excerpts, #23 Exhibit W- B. Smith Depo Excerpts, #24 Exhibit X- Murphy Depo Excerpts, #25 Exhibit Y- Email from Hoffman to Hawkins dated March 23, 2011, #26 Exhibit Z- Letter from McGrath to Stewart dated March 10, 2011, #27 Exhibit AA- Anderson Depo Excerpts) (Hawkins, Holly) |
| Filing 229 Deposition of Sean Anderson taken on June 15, 2011 (Sealed Document) (Hawkins, Holly) |
| Filing 228 Declaration of Gregory M. Murphy filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Opposition to Blackhawk's Motion for Summary Judgment re: #204 Motion for Summary Judgment (Hawkins, Holly) |
| Filing 227 Response to Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 (Sealed Document) (Hawkins, Holly) |
| Filing 226 Supplemental Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 Motion for Summary Judgment InComm's Supplemental Proposed Finding of Fact in Support of Their Opposition to Blackhawk's Motion for Summary Judgment (Sealed Document) (Hawkins, Holly) |
| Filing 225 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 filed by Blackhawk Network, Inc. (Sealed Document) (Hawkins, Holly) |
| Filing 224 Expert Report of Kenneth R. Maliga by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Attachments: #1 Exhibit A- Curriculum Vitae) (Hawkins, Holly) |
| Filing 223 Response Stating No Opposition by Defendant Blackhawk Network, Inc. re: #200 MOTION FOR SUMMARY JUDGMENT of No Inequitable Conduct filed by Interactive Communications International, Inc., e2Interactive, Inc. (Fisch, Alan) |
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Filing 222
** TEXT ONLY ORDER **ORDER granting #220 Motion to Admit Caroline Rieger Brownlie Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 9/9/2011. (arw)
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| Filing 221 Declaration of Caroline Reiber Brownlie by Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. re: #220 Motion to Admit Pro Hac Vice. (Cahill, Bryan) |
| Filing 220 Motion to Admit Caroline Rieger Brownlie Pro Hac Vice by Defendant, Counter Claimant Blackhawk Network, Inc. (Attachments: #1 CMECF Registration Form) (Cahill, Bryan) Modified on 9/9/2011. (arw) |
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Filing 219
** TEXT ONLY ORDER **ORDER granting #195 Motion for Leave to File Second Motion for Summary Judgment by Defendant Blackhawk Network, Inc. Defendant may have until 9/12/2011 to file its motion and all supporting documents. Signed by Magistrate Judge Stephen L. Crocker on 9/1/2011. (arw)
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| Filing 218 Expert Report of Henry Dreifus by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Attachments: #1 Exhibit A- Curriculum Vitae, #2 Exhibit B- Summary of Expert Support, #3 Exhibit C- List of Documents and Information Considered, #4 Exhibit D- US Patent Application 2001/0001321) (Hawkins, Holly) |
| Filing 217 Expert Report of Lori Breitzke by Defendant Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit 1 - L. Breitzke Curriculum Vitae, #2 Exhibit 2 - List of Documents and Information Considered, #3 Exhibit 3 - U.S. Patent No. 7,578,439, #4 Exhibit U.S. Patent No. 7,630,926) (Fisch, Alan) |
| Filing 216 Brief in Support of #204 Motion for Summary Judgment of Non-Infringement of U.S. Patent No. 7,630,926 by Defendant Blackhawk Network, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 215 Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #204 Motion for Summary Judgment filed by Blackhawk Network, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 214 Disregard. See docket entry #217 . Requested attorney refile separated as appropriate on 8/26/2011 (jaf). Modified on 8/30/2011 (jaf). |
| Filing 213 Declaration of Manoj Krishna Kannembath filed by Defendant Blackhawk Network, Inc. re: #204 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1 - Source Code Excerpt, #2 Exhibit 2 - Source Code Excerpt, #3 Exhibit 3 - Source Code Excerpt, #4 Exhibit 4 - Source Code Excerpt) (Fisch, Alan) |
| Filing 212 Declaration of Adiyath Jayaprakash filed by Defendant Blackhawk Network, Inc. re: #204 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1 - Source Code Excerpt, #2 Exhibit 2 - Source Code Excerpt, #3 Exhibit 3 - Source Code Excerpt, #4 Exhibit 4 - Source Code Excerpt) (Fisch, Alan) |
| Filing 211 Declaration of Sean Anderson filed by Defendant Blackhawk Network, Inc. re: #204 Motion for Summary Judgment (Sealed Document) (Fisch, Alan) |
| Filing 210 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #204 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,630,926, #2 Exhibit 2 - InComm's First Amended '926 Infringement Contentions, #3 Exhibit 3 - March 23, 2011 E-mail from H. Hawkins to J. Hoffman, #4 Exhibit 4 - March 23, 2011 Email from J. Hoffman to H. Hawkins, #5 Exhibit 5 - December 1, 2005 Application, #6 Exhibit 6 - December 19, 2008 Non-Final Rejection, #7 Exhibit 7 - March 19, 2009 Amendment, #8 Exhibit 8 - April 17, 2009 Final Rejection, #9 Exhibit 9 - July 17, 2009 Amendment, #10 Exhibit 10 - October 7, 2009 Interview Summary, #11 Exhibit 11 - October 19, 2009 Notice of Allowability, #12 Exhibit 12 - October 30, 2009 Issue Fee Payment, #13 Exhibit 13 - October 9, 2009 Issue Classification, #14 Exhibit 14 - PayGo Terminal Transaction Flow, #15 Exhibit 15 - PTS v4 Protocol) (Fisch, Alan) |
| Filing 209 Deposition of M. Brooks Smith taken on 08/02/2011 (Sealed Document) (Fisch, Alan) |
| Filing 208 Deposition of Manoj Krishna Kannembath taken on 06/09/2011 (Sealed Document) (Fisch, Alan) |
| Filing 207 Deposition of Sean Anderson taken on 07/13/2011 (Sealed Document) (Fisch, Alan) |
| Filing 206 Deposition of Adiyath Jayaprakash taken on 06/17/2011 (Sealed Document) (Fisch, Alan) |
| Filing 205 Deposition of Gregory M. Murphy taken on 06/30/2011 (Sealed Document) (Fisch, Alan) |
| Filing 204 MOTION FOR SUMMARY JUDGMENT of Non-Infringement of U.S. Patent No. 7,630,926 by Defendant Blackhawk Network, Inc. Brief in Opposition due 9/15/2011. Brief in Reply due 9/26/2011. (Fisch, Alan) |
| Filing 203 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #200 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit A- Expert Report of Lori Breitzke, #2 Exhibit B- Expert Report of Henry Dreifus, #3 Exhibit C-Notice of Intent to Issue Ex Parte Reexamination Certificate dated April, #4 Exhibit D- Response to Notice of Non-Compliant Amendment dated Sept. 14, 2007, #5 Exhibit E- Information Disclosure Statement Transmittal Letter dated Dec. 31, 2003, #6 Exhibit F- Office Action dated April 14, 2008, #7 Exhibit G-Amendment and Response to March 20, 2009 Office Action dated April 8, 2009, #8 Exhibit H- Excerpt of G. Murphy Transcript) (Hawkins, Holly) |
| Filing 202 Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #200 Motion for Summary Judgment filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Hawkins, Holly) |
| Filing 201 Brief in Support of #200 Motion for Summary Judgment of No Inequitable Conduct by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 200 MOTION FOR SUMMARY JUDGMENT of No Inequitable Conduct by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Brief in Opposition due 9/15/2011. Brief in Reply due 9/26/2011. (Hawkins, Holly) |
| Filing 199 Deposition of Gregory Murphy taken on February 3, 2011 (Sealed Document) (Hawkins, Holly) |
| Filing 198 Disregard. See docket entry #218 . Requested attorney refile with exhibits attached and described properly on 8/26/2011 (jaf). Modified on 8/29/2011. (lak) |
| Filing 197 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #195 Motion for Leave to File Second Motion for Summary Judgment filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 196 Notice of Withdrawal of Counsel by Alan M. Fisch re: Defendant Blackhawk Network, Inc. of Coke Morgan Stewart (Fisch, Alan) |
| Filing 195 Motion for Leave to File Second Motion for Summary Judgment by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
| Set Briefing Deadlines re: #195 Motion for Leave to File Second Motion for Summary Judgment by Defendant Blackhawk Network, Inc. Response due 8/24/2011. (arw/slc) |
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Filing 194
ORDER denying #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) ; denying #185 Motion to Strike. Signed by Magistrate Judge Stephen L. Crocker on 6/22/11. (rep)
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| Filing 193 Response to Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Fisch, Alan) |
| Filing 192 Reply in Support of Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Fisch, Alan) |
| Filing 191 Brief in Reply by Defendant Blackhawk Network, Inc. in Support of #161 Motion for Summary Judgment (Sealed Document) (Fisch, Alan) |
| Filing 190 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Opposition to Blackhawk's Motion to Strike Amended '926 Infringement Contentions re: #185 Motion to Strike (Sealed Document) (Attachments: #1 Exhibit B. 926 Preliminary Infringement Contentions, #2 Exhibit C. BH's Responses to 2nd Set of RFPs dated Nov. 19, 2010, #3 Exhibit D. InComm's Second Set of Rogs to BH, #4 Exhibit E. BH's Responses to Second Set of Rogs dated Jan. 10, 2011, #5 Exhibit F. Ltr from Hawkins to Stewart dated Feb. 1, 2011, #6 Exhibit G. Ltr from Stewart to Hawkins dated Feb. 10, 2011, #7 Exhibit H. Subpoenas, #8 Exhibit I. Ltr from Moreland to Brownlie dated April 25, 2011, #9 Exhibit J. Ltr from Brownlie to Moreland dated April 27, 2011, #10 Exhibit K. Ansari Deposition Excerpts, #11 Exhibit L. BH's Amended Responses to Second Set of Rogs dated May 3, 2011, #12 Exhibit M. BH's Amended Responses to Second Set of RFPs dated May 3, 2011, #13 Exhibit N. InComm's Second Set of RFPs to BH, #14 Exhibit O. Amended 926 Infringement Contentions) (Medlock, George) |
| Filing 189 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #185 Emergency Motion to Strike PLAINTIFFS' FIRST AMENDED DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NO. 7,630,926 filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A. Timeline) (Medlock, George) |
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Filing 188
** TEXT ONLY ORDER **In response to defendant's request for expedited handling of its motion to strike #185 the court will not shorten plaintiff's response time and therefore will not commit to ruling on defendant's June 6 motion by June 10. The court will rule on all pending "emergency" motions in an expedited fashion as its other prior commitments permit. Signed by Magistrate Judge Stephen L. Crocker on 6/7/11. (rep)
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| Filing 187 Brief in Support of #185 Motion to Strike PLAINTIFFS' FIRST AMENDED DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NO. 7,630,926 by Defendant Blackhawk Network, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 186 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #185 Motion to Strike (Sealed Document) (Attachments: #1 Exhibit 1 - July 9, 2010 Letter from D. Hipskind to R. McGrath, #2 Exhibit 2 - BHN UMS ISO Spec. Ver. 3.6, #3 Exhibit 3 - BHN UMS XML Spec. Ver. 1.5, #4 Exhibit 4 - BHN UMS ISO Spec. Ver. 3.3, #5 Exhibit 5 - BHN UMS ISO Spec. Ver. 3.4, #6 Exhibit 6 - BHN UMS ISO Spec. Ver. 3.5, #7 Exhibit 7 - BHN UMS ISO Spec. Ver. 3.6.1, #8 Exhibit 8 - BHN UMS XML Spec. Ver. 1.1, #9 Exhibit 9 - BHN UMS XML Spec. Ver. 1.4, #10 Exhibit 10 - BHN UMS Ver. 0.92, #11 Exhibit 11 - Nov. 5, 2010 '926 Patent Infringement Contentions, #12 Exhibit 12 - Dec. 1, 2010 Email from C. Stewart to D. Moreland, #13 Exhibit 13 - Nov. 19, 2010 Blackhawk Objections and Responses to InComm's Second Set of Requests for Production, #14 Exhibit 14 - Jan. 10, 2011 Blackhawk's Objections and Responses to InComm's Second Set of Interrogatories, #15 Exhibit 15 - June 2, 2011 First Amended '926 Patent Infringement Contentions, #16 Exhibit 16 - Source Code Review Log, #17 Exhibit 17 - Feb. 22, 2011 Letter from J. Cummings to H. Hawkins) (Fisch, Alan) |
| Filing 185 Emergency Motion to Strike PLAINTIFFS' FIRST AMENDED DISCLOSURE OF ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS FOR U.S. PATENT NO. 7,630,926 by Defendant Blackhawk Network, Inc.. Response due 6/13/2011. (Fisch, Alan) |
| Filing 184 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Response to Blackhawk's Motion for Summary Judgment re: #161 Motion for Summary Judgment (Sealed Document) (Attachments: #1 Exhibit 1. Ex. G to Jan. 7, 2011 Office Action, #2 Exhibit 2. Blackhawk's Supplemental Rog Responses, #3 Exhibit 3. InComm's Amended '926 Infringement Contentions, #4 Exhibit 4. B0059999-B0060000, #5 Exhibit 5. B00590986-B0590987, #6 Exhibit 6. B0590991-B0590997, #7 Exhibit 7. Plaintiff's Deposition Exhibit 6, #8 Exhibit 8. B0001504-B0001512 (RTR Card Functionality Vision)., #9 Exhibit 9. B0011116-B0011122 (Use-Case Spec), #10 Exhibit 10. B0011091-B0011098 (Use-Case Spec), #11 Exhibit 11. B0590742-B0590754, #12 Exhibit 12. B0002071-B0002108 (ISO Spec), #13 Exhibit 13. B0001085-B0001129, #14 Exhibit 14. B0012956-B0012973, #15 Exhibit 15. B0590990, #16 Exhibit 16. B0590967-B0590979, #17 Exhibit 17. Depo Transcript of Ansar Ansari, #18 Exhibit 18. Depo Transcript of Phil Chakiris, #19 Exhibit 19. Ltr from Brownlie to Moreland dated May 26, 2011, #20 Exhibit 20. B0589838-B0589846 (RTR Card Functionality Vision)., #21 Exhibit 21. B0002109-B0002159, #22 Exhibit 22. B0011140-B0011147 (Use Case Spec)) (Medlock, George) |
| Filing 183 Declaration of Kenneth R. Maliga filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of InComm's Response to Blackhawk's Motion for Summary Judgment re: #161 Motion for Summary Judgment (Sealed Document) (Medlock, George) |
| Filing 182 Response to Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Medlock, George) |
| Filing 181 Supplemental Proposed Findings of Fact filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #161 Motion for Summary Judgment filed by Blackhawk Network, Inc. InComm's Supplemental Proposed Findings of Fact in Support of Their Response to Blackhawk's Motion for Summary Judgment (Sealed Document) (Medlock, George) |
| Filing 180 Brief in Opposition by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT filed by Blackhawk Network, Inc. (Sealed Document) (Medlock, George) |
| Filing 179 Deposition of Phil Chakiris taken on May 20, 2011 (Sealed Document) (Medlock, George) |
| Filing 178 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) (Sealed Document) (Attachments: #1 Exhibit 1. InComm's Second Set of RFPs to Blackhawk, #2 Exhibit 2. InComm's Second Set of Rogs to Blackhawk, #3 Exhibit 3. B0001504-12, #4 Exhibit 4. B0051240-55, #5 Exhibit 5. Ltr from Brownlie to Medlock dated April 28, 2011, #6 Exhibit 6. Email from Brownlie to Medlock dated May 6, 2011, #7 Exhibit 7. Amended '926 Infringement Contentions, #8 Exhibit 8. B0590742, #9 Exhibit 9. Ltr from Brownlie to Moreland dated May 31, 2011, #10 Exhibit 10. Ltr from Hawkins to Stewart dated February 1, 2011, #11 Exhibit 11. Ansari Deposition Excerpts, #12 Exhibit 12. Ltr from Moreland to Brownlie dated May 23, 2011) (Medlock, George) Modified on 6/7/2011 (jas). |
| Filing 177 Brief in Reply by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. in Support of #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) (Sealed Document) (Medlock, George) Modified on 6/7/2011 (jas). |
| Filing 176 Transcript of Telephone Motion Hearing, held 4/6/11 before Magistrate Judge Stephen L. Crocker. Court Reporter: LS. Please review the court policy regarding electronic transcripts: see #Electronic Transcript Instructions and #Notice of Intent to Request Redaction. (rep) |
| Filing 175 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) (Sealed Document) (Attachments: #1 Exhibit 1 - Nov. 5, 2010 '926 Patent Infringement Contentions, #2 Exhibit 2 - Nov. 19, 2010 Blackhawk's Objections and Responses to InComm's Second Set of Requests for Production, #3 Exhibit 3 - July 9, 2010 Letter from D. Hipskind to R. McGrath, #4 Exhibit 4 - B0001712-68, #5 Exhibit 5 - B0002109-59, #6 Exhibit 6 - Jan. 10, 2011 Blackhawk's Objections and Responses to InComm's Second Set of Interrogatories, #7 Exhibit 7 - Dec. 1, 2010 Email from C. Stewart to D. Moreland, #8 Exhibit 8 - Feb. 10, 2010 Letter from C. Stewart to H. Hawkins, #9 Exhibit 9 - Feb. 22, 2011 Letter from J. Cummings to H. Hawkins, #10 Exhibit 10 - B0590980, #11 Exhibit 11 - Source Code Review Log, #12 Exhibit 12 - May 3, 2011 Blackhawk's First Amended and Supplemental Objections and Responses to InComm's Second Set of Interrogatories) (Fisch, Alan) Modified on 6/1/2011 (jas). |
| Filing 174 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Fisch, Alan) |
| Set Briefing Deadlines as to #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d). Brief in Opposition due 5/31/2011. Brief in Reply due 6/3/2011. (rep) |
| Filing 173 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) (Sealed Document) (Attachments: #1 Exhibit A. Blackhawk's Responses to InComm's Second Set of Rogs, #2 Exhibit B. Boost and Sprint Subpoenas, #3 Exhibit C. April 8, 2011 Letter from Medlock, #4 Exhibit D. April 25, 2011 Letter from Moreland, #5 Exhibit Ex. E April 27, 2011 Letter from Brownlie, #6 Exhibit Ex. F April 28, 2011 Ansari Transcript, #7 Exhibit Ex. G Notice of Depo of Macleod, #8 Exhibit H Notice of Depo of Adiyath, #9 Exhibit Ex. I Notice of Depo of Anderson, #10 Exhibit J. Blackhawk's First Amended Response to InComm's Second Set of Rogs, #11 Exhibit K. InComm's Second 30b6 Notice of Depo of Blackhawk, #12 Exhibit L. April 28, 2011 Letter from Brownlie) (Medlock, George) Modified on 5/24/2011 (jas). |
| Filing 172 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Rule 56d Declaration of George D. Medlock re: #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) (Sealed Document) (Medlock, George) |
| Filing 171 Brief in Support of #170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Medlock, George) Modified on 5/24/2011 (jas). |
| Filing 170 Emergency Motion to Deny Defendant's Motion for Summary Judgment on the '926 Patent Pursuant to Rule 56(d) by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc.. Response due 5/31/2011. (Medlock, George) |
| Filing 169 Brief in Support of #161 Motion for Summary Judgment by Defendant Blackhawk Network, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 168 Proposed Findings of Fact filed by Defendant Blackhawk Network, Inc. re: #161 Motion for Summary Judgment filed by Blackhawk Network, Inc. (Sealed Document) (Fisch, Alan) |
| Filing 167 Declaration of Sean Anderson filed by Defendant Blackhawk Network, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Attachments: #1 Exhibit 1 - RTR Card Vision Document, #2 Exhibit 2 - RTR Card Software Architecture Document, #3 Exhibit 3 - Dec. 23, 2010 Email from T. Anderson to S. Anderson) (Fisch, Alan) |
| Filing 166 Declaration of Ansar Ansari filed by Defendant Blackhawk Network, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Attachments: #1 Exhibit 1 - List of AIDs, #2 Exhibit 2 - Source Code Excerpt, #3 Exhibit 3 - Validation Levels, #4 Exhibit 4 - BLAST Administration Portal Screenshots, #5 Exhibit 5 - Source Code Excerpt, #6 Exhibit 6 - RAP Privilege Settings) (Fisch, Alan) |
| Filing 165 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #161 MOTION FOR SUMMARY JUDGMENT (Sealed Document) (Attachments: #1 Exhibit 1 - U.S. Patent No. 7,578,439, #2 Exhibit 2 - U.S. Patent No. 7,630,926, #3 Exhibit 3 - '439 Patent Infringement Contentions, #4 Exhibit 4 - '926 Patent Infringement Contentions, #5 Exhibit 5 - Aug. 26, 2010 Order Granting Reexamination, #6 Exhibit 6 - Jan. 7, 2011 Office Action in Ex Parte Reexamination, #7 Exhibit 7 - Feb. 22, 2011 Ex Parte Reexamination Interview Summary, #8 Exhibit 8 - Mar. 7, 2011 Amendment in Reply to Office Action of Jan. 7, 2011, #9 Exhibit 9 - Mar. 7, 2011 Declaration Under 37 CFR 1.132 of Scott Loftesness, #10 Exhibit 10 - Apr. 7, 2011 Notice of Intent to Issue Ex Parte Reexamination Certificate, #11 Exhibit 11 - U.S. Patent No. 7,093,761, #12 Exhibit 12 - Nov. 1, 2005 Office Action for the '761 Patent, #13 Exhibit 13 - Mar. 15, 2006 Response to the Office Action Mailed Nov. 1, 2005 for the '761 Patent) (Fisch, Alan) |
| Filing 164 Deposition of Mike Blandina taken on September 22, 2010 (Sealed Document) (Fisch, Alan) |
| Filing 163 Deposition of Ashmit Bhattacharya taken on March 11, 2011 (Sealed Document) (Fisch, Alan) |
| Filing 162 Deposition of Ansar Ansari taken on April 28, 2011 (Sealed Document) (Fisch, Alan) |
| Filing 161 MOTION FOR SUMMARY JUDGMENT by Defendant Blackhawk Network, Inc.. Brief in Opposition due 6/6/2011. Brief in Reply due 6/16/2011. (Fisch, Alan) |
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Filing 160
** TEXT ONLY ORDER **The order denying the parties' request for a claims construction hearing #159 also applies to plaintiffs' corrected motion #157 . Signed by Magistrate Judge Stephen L. Crocker on 4/26/11. (rep)
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Filing 159
ORDER denying #142 Motion Requesting Claims Construction ; denying #144 Motion Requesting Claims Construction. Hearing scheduled for 5/6/11 is cancelled as unnecessary. Signed by Magistrate Judge Stephen L. Crocker on 4/25/11. (rep)
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| Filing 158 Notice by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re #144 Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc., #157 Corrected Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. Letter regarding Corrected Claim Construction Motion. (Duchemin, Matthew) |
| Filing 157 Corrected Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 156 Declaration of George D. Medlock filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #142 Motion Requesting Claims Construction and Initial Brief by Defendant Blackhawk Network, Inc. (Attachments: #1 Exhibit 1- Intent to Issue Reexam Certificate) (Medlock, George) Modified on 4/22/2011 (jas). |
| Filing 155 Claims Construction Response Brief re: #142 Motion Requesting Claims Construction and Initial Brief by Defendant Blackhawk Network, Inc. by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Medlock, George) |
| Filing 154 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #153 Claims Construction Response Brief, (Attachments: #1 Exhibit S - April 7, 2011 Notice of Intent to Issue Ex Parte Reexam. Cert., #2 Exhibit T - U.S. Patent No. 7,093,761, #3 Exhibit U - Nov. 1, 2005 Office Action, #4 Exhibit V - Jan. 25 2006 Response to Office Action, #5 Exhibit W - Mar. 15, 2006 Response to Office Action, #6 Exhibit X - Blackhawk's Proposed Terms and Claim Elements for Construction, #7 Exhibit Y - Mar. 23, 2011 Email from H. Hawkins, #8 Exhibit Z - InComm's Preliminary Infringement Contentions (redacted)) (Fisch, Alan) |
| Filing 153 Claims Construction Response Brief re: #144 Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
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Filing 152
** TEXT ONLY ORDER **At an April 6, 2011 telephonic motion hearing, the court GRANTED IN PART and DENIED IN PART defendants' motion for protective order #147 . Although it would be preferable for the parties to seek discoverable information from each other in the first instance, under the circumstances presented to the court, it was not improper for plaintiffs to serve Rule 45 subpoenas on defendants' customers. Hereafter, however, each party must provide two business days' advance notice to the other party before serving any Rule 45 subpoena and must copy opposing counsel on all correspondence with the third party, its representatives or the issuing court. Signed by Magistrate Judge Stephen L. Crocker on 4/6/11. (rep) Modified on 4/8/2011 (rep).
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion Hearing held on 4/6/2011 [:35] (Court Reporter LS) (cak) |
| Filing 151 Declaration of George D. Medlock filed by Counter Defendants Interactive Communications International, Inc., e2Interactive, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (with SEALED EXHIBITS) re: #147 Motion for Protective Order (Sealed Document) (Attachments: #1 Exhibit L - Blandina Dep Excerpts, #2 Exhibit X - Stewart 1.20.11 Email, #3 Exhibit Y - Hawkins 2.11.11 Email, #4 Exhibit Z - Stewart 2.11.11 Email, #5 Exhibit BB - Allman 2.15.11 Email, #6 Exhibit EE - Williams 3.11.11 Email) (Medlock, George) |
| Filing 150 Declaration of George D. Medlock filed by Counter Defendants Interactive Communications International, Inc., e2Interactive, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #147 Motion for Protective Order (Attachments: #1 Exhibit A - 1st Interrogatories, #2 Exhibit B - 1st Requests for Production, #3 Exhibit C - 2nd Interrogatories, #4 Exhibit D - 2nd Requests for Production, #5 Exhibit E - Hawkins 10.20.10 Letter, #6 Exhibit F - Hawkins 12.9.10 Letter, #7 Exhibit G - Hawkins 2.11.11 Email, #8 Exhibit H - Response to 2nd Interrogatories, #9 Exhibit I - Hawkins 2.1.11 Letter, #10 Exhibit J - Stewart 2.10.11 Letter, #11 Exhibit K - Amended 30(b)(6) Dep Notice, #12 Exhibit M (Part 1) - Subpoenas, #13 Exhibit M (Part 2) - Subpoenas, #14 Exhibit M (Part 3) - Subpoenas, #15 Exhibit M (Part 4) - Subpoenas, #16 Exhibit M (Part 5) - Subpoenas, #17 Exhibit N - Hawkins 12.16.10 Email, #18 Exhibit O - Lee 2.9.11 and 2.10.11 Emails, #19 Exhibit P - Lee 11.18.10 Email, #20 Exhibit Q - Stewart 11.18.10 Email, #21 Exhibit R - Lee 11.19.10 Letter, #22 Exhibit S - Lee 12.3.10 Letter, #23 Exhibit T - Stewart 12.14.11 Email, #24 Exhibit U - Lee 12.29.10 Email, #25 Exhibit V - Stewart 12.2.10 Email, #26 Exhibit W - Hawkins 12.2.10 Email, #27 Exhibit AA - Roberts 2.9.11 Email, #28 Exhibit CC - Lee 3.7.11 Letter, #29 Exhibit DD - Allman 3.14.11 Letter, #30 Exhibit FF - Incomm 30(b)(6) Dep Notice, #31 Exhibit GG - Stewart 2.10.11 Email, #32 Exhibit HH - Lee 3.22.11 Letter, #33 Exhibit II - Proofs of Service, #34 Exhibit JJ - Lee 3.22.11 Email, #35 Exhibit KK - Subpoena to JP Morgan, #36 Exhibit LL - Stewart 2.18.11 Email) (Medlock, George) Modified on 4/6/2011 (jas). |
| Filing 149 Brief in Opposition by Counter Defendants Interactive Communications International, Inc., e2Interactive, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #147 Motion for Protective Order filed by Blackhawk Network, Inc. (Sealed Document) (Medlock, George) |
| Set Deadlines as to #147 Motion for Protective Order. Brief in Opposition due 4/5/2011. Telephone Motion Hearing set for 4/6/2011 at 03:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at (608) 264-5153. (rep) |
| Filing 148 Declaration of Coke Morgan Stewart filed by Defendant Blackhawk Network, Inc. re: #147 Motion for Protective Order (Attachments: #1 Exhibit A: Nov. 10, 2010 Subpoenas, #2 Exhibit B: Nov. 15, 2010 Letter, #3 Exhibit C: Nov. 16, 2010 Subpoenas, #4 Exhibit D: Nov. 18, 2010 Letter, #5 Exhibit E: Nov. 18, 2010 Email, #6 Exhibit F: Nov. 18, 2010 Email, #7 Exhibit G: Nov. 29, 2010 Subpoena, #8 Exhibit H: Dec. 2, 2010 Letter, #9 Exhibit I: Dec. 2, 2010 Email, #10 Exhibit J: Dec. 7, 2010 Email, #11 Exhibit K: Dec. 9, 2010 Letter, #12 Exhibit L: Jan. 14, 2011 Email, #13 Exhibit M: Jan. 20, 2011 Email, #14 Exhibit N: Jan. 25, 2011 Letter, #15 Exhibit O: Jan. 25, 2011 Email, #16 Exhibit P: Feb. 22, 2011 Letter, #17 Exhibit Q: Feb. 22, 2011 Email, #18 Exhibit R: Jan. 11, 2011 Email, #19 Exhibit S: Feb. 14, 2011 Email, #20 Exhibit T: Mar. 7, 2011 Letter, #21 Exhibit U: Mar. 9, 2011 Letter, #22 Exhibit V: Mar. 11, 2011 Letter, #23 Exhibit W: Mar. 21, 2011 Subpoenas, #24 Exhibit X: Mar. 22, 2011 Letter, #25 Exhibit Y: Mar. 22, 2011 Email, #26 Exhibit Z: Nov. 29, 2010 Objections, #27 Exhibit AA: Jan. 4, 2011 Objections, #28 Exhibit BB: Nov. 23, 2010 Objections, #29 Exhibit CC: Feb. 21, 2011 Letter, #30 Exhibit DD: Jan. 20, 2011 Email, #31 Exhibit EE: Feb. 18, 2011 Email, #32 Exhibit FF: Mar. 14, 2011 Email) (Stewart, Coke) |
| Filing 147 Motion for Protective Order by Defendant Blackhawk Network, Inc.. (Stewart, Coke) |
| Filing 146 Claims Construction Initial Brief re: #144 Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 145 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #144 Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A - US Patent No. 7,578,439 B2, #2 Exhibit B - US Patent No. 7,630,926 B2, #3 Exhibit C - March 23, 2011 Email, #4 Exhibit D - Defendants' Proposed Claim Construction, #5 Exhibit E - March 10, 2011 Letter) (Hawkins, Holly) |
| Filing 144 Motion Requesting Claims Construction and Requesting Markman Hearing by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 143 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #142 Motion Requesting Claims Construction and Initial Brief by Defendant Blackhawk Network, Inc. (Attachments: #1 Exhibit A: U.S. Patent No. 7,578,439, #2 Exhibit B: March 20, 2009 Office Action, #3 Exhibit C: April 8, 2009 Amendment and Response, #4 Exhibit D: July 9, 2009 Notice of Allowance, #5 Exhibit E: August 26, 2010 Reexamination Control No. 90/011,070, #6 Exhibit F: January 7, 2011 Office Action, #7 Exhibit G: February 22, 2011 Interview Summary, #8 Exhibit H: March 7, 2011 Amendment, #9 Exhibit I: March 7, 2011 Declaration of S. Loftesness, #10 Exhibit J: U.S. Patent No. 7,630,926, #11 Exhibit K: July 17, 2009 Response, #12 Exhibit L: October 19, 2009 Notice of Allowance, #13 Exhibit M: December 19, 2008 Office Action, #14 Exhibit N: March 19, 2009 Response, #15 Exhibit O: April 27, 2009 Office Action, #16 Exhibit P: Claims 1, 3-4, 7, 12, 19, 21-22, and 25 of the 439 Patent, #17 Exhibit Q: Claims 1, 4, 6-7, and 17-18 of the 926 Patent, #18 Exhibit R: March 10, 2011 Letter from R. McGrath to C. Stewart) (Fisch, Alan) |
| Filing 142 Motion Requesting Claims Construction and Initial Brief by Defendant Blackhawk Network, Inc. (Fisch, Alan) |
| Filing 141 Notice of Appearance filed by George Douglas Medlock for Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Medlock, George) |
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Filing 140
** TEXT ONLY ORDER **ORDER granting #138 Motion to Admit Jason Hoffman Pro Hac Vice. Jason Hoffman for Blackhawk Network, Inc. admitted pro hac vice. Signed by Magistrate Judge Stephen L. Crocker on 2/15/11. (rep)
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| Filing 139 Declaration of Jason Hoffman filed by Counter Claimant Blackhawk Network, Inc. re: #138 Motion to Admit Jason Hoffman Pro Hac Vice filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 138 Motion to Admit Jason Hoffman Pro Hac Vice by Defendant Blackhawk Network, Inc. (Attachments: #1 CMECF Registration Form) (Peterson, James) Modified on 1/27/2011 (jas/t). |
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Filing 137
ORDER granting in part and denying in part #122 Motion to Dismiss. Signed by Magistrate Judge Stephen L. Crocker on 1/22/11. (rep)
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| Filing 136 Notice of Appearance filed by Frank G. Smith, III for Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Smith, Frank) Modified docket text on 1/6/2011 (jas/c). |
| Filing 135 Disregard; refiled as entry #136 . Refiled with correct date. Modified on 1/6/2011 (jas). Modified on 1/6/2011 (jas). Modified on 1/6/2011 (llj/c). |
| Filing 134 Declaration of Holly S. Hawkins filed by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. re: #122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit 1- Excerpts from 926 File History) (Hawkins, Holly) |
| Filing 133 Brief in Reply in Support re: #122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 132 Notice of Appearance filed by Siraj Abhyankar for Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Abhyankar, Siraj) |
| Filing 131 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses filed by Interactive Communications International, Inc., e2Interactive, Inc. (Fisch, Alan) |
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Filing 130
Second Amended Scheduling Order: Claims Construction Hearing set for 5/6/2011 at 09:00 AM. Claims Construction Initial Brief due 3/24/2011. Claims Construction Response Brief due 4/21/2011. Dispositive Motions due 8/25/2011. Settlement Letters due 1/5/2012. Motions in Limine due 1/12/2012. Response to Motion due 1/26/2012. Final Pretrial Conference set for 2/9/2012 at 02:00 PM. Jury Selection and Trial set for 2/21/2012 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/9/10. (rep)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Scheduling Conference held on 12/9/2010 [:05] (cak) |
| Filing 129 Amended Joint Preliminary Pretrial Conference Report by Counter Claimants Blackhawk Network, Inc., Defendant Blackhawk Network, Inc., Counter Defendants Interactive Communications International, Inc., e2Interactive, Inc., Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Peterson, James) Modified docket text on 12/6/2010 (jas). |
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Filing 128
** TEXT ONLY ORDER **ORDER granting #127 Motion to Amend/Correct Scheduling Order by Defendant Blackhawk Network, Inc. The motion is granted in principle. Looming deadlines are suspended; the court will hold a telephonic status conference to discuss a more general rescheduling. Signed by Magistrate Judge Stephen L. Crocker on 11/29/2010. (arw)
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| Set Deadlines and Hearings: Telephone Scheduling Conference set for 12/9/2010 at 9:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. Counsel may have until 12/3/2010 to submit, jointly or separately, a proposed schedule. (arw/slc) |
| Filing 127 Motion to Amend/Correct #66 Scheduling Order, by Defendant Blackhawk Network, Inc. Response due 12/1/2010. (Attachments: #1 Exhibit 1 - Proposed Amended Schedule, #2 Exhibit 2 - Email Regarding Case Schedule) (Cahill, Bryan) |
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Filing 126
ORDER denying #106 Motion for Reconsideration re #104 Order on Motion to Transfer. Signed by Magistrate Judge Stephen L. Crocker on 11/23/10. (rep)
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| Filing 125 Reply to Counterclaim by Plaintiffs Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) Modified docket text on 11/23/2010 (jas). |
| Filing 124 Declaration of Holly S. Hawkins filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit 1. Excerpts from '891 File History, #2 Exhibit 2. Excerpts from '439 File History) (Hawkins, Holly) |
| Filing 123 Brief in Support by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 122 MOTION TO DISMISS Allegations Contained in Blackhawk's Amended Inequitable Conduct Counterclaim and Affirmative Defenses by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. Brief in Opposition due 12/1/2010. Brief in Reply due 12/13/2010. (Hawkins, Holly) |
| Filing 121 Notice of Withdrawal of Motion by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense filed by Interactive Communications International, Inc., e2Interactive, Inc.. (Hawkins, Holly) |
| Filing 120 Disregard - refiled as #121 , marked disregard per filer's request on 11/12/2010 (jef). |
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Filing 119
** TEXT ONLY ORDER **ORDER granting #118 Motion to Withdraw as Attorney with the understanding that the schedule remains in place. Attorneys Daniel Hipskind, Benjamin T. Wang, Richard Marc Birnholz and Morgan Chu terminated. Signed by Magistrate Judge Stephen L. Crocker on 11/8/10. (rep)
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| Filing 118 Motion to Withdraw as Attorney by Defendant Blackhawk Network, Inc. Response due 11/12/2010. (Cahill, Bryan) Modified docket text on 11/8/2010 (jas). |
| Filing 117 ANSWER to Amended Complaint, Amended COUNTERCLAIM against all plaintiffs by Defendant Blackhawk Network, Inc., Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Fisch, Alan) Modified docket text on 11/2/2010 (jas). |
| Filing 116 Brief in Reply in Support re: #106 Motion for Reconsideration re #104 Order on Motion to Transfer filed by Blackhawk Network, Inc. (Cahill, Bryan) |
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Filing 115
** TEXT ONLY ORDER **ORDER granting #109 Motion to Admit Alan M. Fisch and Coke Morgan Stewart Pro Hac Vice. Alan M. Fisch for Blackhawk Network, Inc., Coke Morgan Stewart for Blackhawk Network, Inc. admitted pro hac vice. Signed by Magistrate Judge Stephen L. Crocker on 10/26/10. (rep)
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| Filing 114 Declaration of Holly S. Hawkins filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. In Support of InComm's Opposition to Blackhawk's Motion for Reconsideration of the Court's Order Denying Transfer re: #106 Motion for Reconsideration re #104 Order on Motion to Transfer filed by Blackhawk Network, Inc. (Attachments: #1 Exhibit A. US Patent 7,630,926, #2 Exhibit B. Blackhawk's Invalidity Contentions, #3 Exhibit C. US Patent 6,488,206, #4 Exhibit D. US Patent 6,032,135, #5 Exhibit E. Email from James Peterson dated October 21, 2010) (Hawkins, Holly) Modified docket text on 10/27/2010 (jas). |
| Filing 113 Brief in Opposition by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #106 Motion for Reconsideration re #104 Order on Motion to Transfer filed by Blackhawk Network, Inc. InComm's Opposition to Blackhawk's Motion for Reconsideration of the Court's Order Denying Transfer (Hawkins, Holly) |
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Filing 112
** TEXT ONLY ORDER **ORDER granting #108 Motion for Extension of Time to Answer. Blackhawk Network, Inc. answer due 11/1/2010. Signed by Magistrate Judge Stephen L. Crocker on 10/26/10. (rep)
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| Filing 111 Declaration of Coke Morgan Stewart filed by Defendant Blackhawk Network, Inc. re: #109 Motion to Admit Alan M. Fisch and Coke Morgan Stewart Pro Hac Vice filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 110 Declaration of Alan M. Fisch filed by Defendant Blackhawk Network, Inc. re: #109 Motion to Admit Alan M. Fisch and Coke Morgan Stewart Pro Hac Vice filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 109 Motion to Admit Alan M. Fisch and Coke Morgan Stewart Pro Hac Vice by Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. (Attachments: #1 CM/ECF form for Alan Fisch, #2 CM/ECF form for Coke Morgan Stewart) (Peterson, James) Modified docket text on 10/26/2010 (jas). |
| Filing 108 Unopposed Motion for Extension of Time to File Answer re #105 Amended Complaint, by Defendant Blackhawk Network, Inc. Response due 11/1/2010. (Peterson, James) Modified docket text on 10/26/2010 (jas). |
| Set Briefing Deadlines as to #106 Motion for Reconsideration re #104 Order on Motion to Transfer. Brief in Support due 10/26/2010. Brief in Opposition due 11/1/2010. (rep) |
| CORRECTED Briefing Deadlines as to #106 Motion for Reconsideration re #104 Order on Motion to Transfer. Brief in Opposition due 10/26/2010. Brief in Reply due 11/1/2010. (rep) |
| Filing 107 Declaration of Bryan J. Cahill filed by Defendant Blackhawk Network, Inc. re: #106 Motion for Reconsideration re #104 Order on Motion to Transfer filed by Blackhawk Network, Inc. (Attachments: #1 Exhibit A - Visa press release) (Cahill, Bryan) Modified docket text on 10/18/2010 (jas). |
| Filing 106 Motion for Reconsideration re #104 Order on Motion to Transfer by Defendant Blackhawk Network, Inc. Response due 10/22/2010. (Cahill, Bryan) Modified docket text on 10/18/2010 (jas). |
| Filing 105 AMENDED COMPLAINT and Demand for Jury Trial against Blackhawk Network, Inc., filed by e2Interactive, Inc., Interactive Communications International, Inc.. (Attachments: #1 Exhibit A- U.S. Patent No. 7,578,439, #2 Exhibit B- U.S. Patent 7,630,926) (McGrath, Robin) |
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Filing 104
ORDER denying #75 Motion to Transfer to the United States District Court for the Northern District of California. (rep)
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| Filing 103 Disregard. Filed wrong case. Modified on 9/23/2010 (rep). |
| Disregard. Filed in wrong case. Modified on 9/23/2010 (rep). |
| Notice to counsel: The text only order and associated deadlines entered as docket 103 was entered in error. Please disregard the notices relating thereto. (rep) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Conference held on 9/22/2010 [:15] (cak) |
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Filing 102
** TEXT ONLY ORDER **The court accepts plaintiffs' reply brief #101 and, having considered both sides' arguments, the court grants plaintiffs' request for reconsideration #96 . Each side may designate one in-house attorney to have access to non source code information designated "outside attorneys' eyes only." Plaintiffs' designation of attorney Lisa M. Liban is accepted by the court over defendants' objection. Defendant may promptly designate its own in-house attorney for access to OAEO information. Signed by Magistrate Judge Stephen L. Crocker on 9/3/10. (rep) Modified on 9/14/2010 (llj).
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| Filing 101 Motion for Leave to File a Reply in Support of Motion for Partial Reconsideration of the Protective Order or in the Alternative to Amend a Single Provision in the Protective Order by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Attachments: #1 Reply to Motion for Partial Reconsideration of Protective Order, #2 Declaration of Liban in Support of Reply to Motion for Reconsideration of Protective Order) (Hawkins, Holly) |
| Filing 100 Declaration of Bryan J. Cahill filed by Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. in Support of Blackhawk Network, Inc.'s Opposition re: #96 Motion for Reconsideration (Partial) of Protective Order re 95 Order on Motion for Protective Order,,,,, filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A - June 2010 ACI Prepaid Card Compliance Brochure, #2 Exhibit B - June 2008 ACI Prepaid Card Compliance Brochure) (Cahill, Bryan) |
| Filing 99 Brief in Opposition by Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. re: #96 Motion for Reconsideration (Partial) of Protective Order re 95 Order on Motion for Protective Order,,,,, filed by Interactive Communications International, Inc., e2Interactive, Inc. (Cahill, Bryan) |
| Filing 98 Declaration of Lisa M. Liban filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #96 Motion for Reconsideration (Partial) of Protective Order re 95 Order on Motion for Protective Order,,,,, filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 97 Brief in Support by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #96 Motion for Reconsideration (Partial) of Protective Order re 95 Order on Motion for Protective Order,,,,, filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A- Propsed Protective Order, #2 Exhibit B- Redlined Proposed Protective Order) (Hawkins, Holly) |
| Filing 96 Motion for Reconsideration (Partial) of Protective Order re 95 Order on Motion for Protective Order,,,,, by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc..Response due 8/31/2010. (Hawkins, Holly) |
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Filing 95
** TEXT ONLY ORDER **Before the court are the parties' competing draft protective orders in this patent lawsuit between "fierce competitors," with plaintiff advocating more flexible conditions dkt. #72 ) and defendant seeking tighter protection of source code and other confidential information (dkt. #82 ). Comparison of their competing drafts to protective orders entered in other cases doesn't advance the analysis because in most cases the parties would have agreed to submit a joint proposal and the court would have accepted the joint proposal. In cases where the parties disagree on the content of a protective order, the court does not mix and match provisions but simply picks one of the two competing proposals as more appropriate to the circumstances presented in the particular case. In this case, defendant's tighter proposal is more appropriate. Source code often is the lifeblood of a company and as such is entitled to the highest level of protection requested. In some cases, this court has required source code to be reviewed on site in a Faraday cage with no copies leaving the room. Compared to this, defendant's proposal is relatively modest. Therefore, it is ORDERED that defendant's proposed protective order (dkt. 82, Exh. A), is accepted and entered. Signed by Magistrate Judge Stephen L. Crocker on 8/20/10. (rep)
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| Filing 94 Declaration of Daniel P. Hipskind filed by Defendant Blackhawk Network, Inc. re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Attachments: #1 Exhibit A MSHIFT Scheduling Order, #2 Exhibit B UPEK Scheduling Order) (Peterson, James) |
| Filing 93 Brief in Reply in Support re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 92 Certificate of Service by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re #88 Declaration, #90 Declaration, #91 Declaration,,,,,,,, #89 Declaration, #87 Brief in Opposition (Hawkins, Holly) |
| Filing 91 Declaration of Holly S. Hawkins filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. In Support of Plaintiff's Opposition to Defendant's Motion to Transfer re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A. InComm About Us Webpage, #2 JS-44 Civil Cover Sheet B. InComm History Webpage, #3 Exhibit C. Blackhawk About Us Webpage, #4 Exhibit D. B0003807-3815, #5 Exhibit E. B0009745-9775, #6 Exhibit F. B0029222-227, #7 Exhibit G. B0032586-32601, #8 Exhibit H. Certco Corporate Records, #9 Exhibit I. Independent Pharmacy Cooperative Corporate Records, #10 Exhibit K. Blackhawk Partners Chart, #11 Exhibit L. Plaintiff's Initial Disclosures, #12 Exhibit M. Defendant's Initial Disclosures, #13 Exhibit N. Blackhawk References, #14 Exhibit O. 2009 Patent Litigation Study, #15 Exhibit P. Email from Birnholz to Hawkins, #16 Exhibit Q. Plaintiff's First Set of RFPs, #17 Exhibit R. Plaintiff's First Set of Interrogatories, #18 Exhibit S. Plaintiff's First Notice of Deposition of Blackhawk, #19 Exhibit T. Blackhawk's First Set of RFPs, #20 Exhibit U. Blackhawk's First Set of Interrogatories, #21 Exhibit V. Subpoena, #22 Exhibit W. Murphy Subpoena, #23 Exhibit X. Plaintiff's Reserved First Set of RFPs, #24 Exhibit Y. Plaintiff's Reserved First Set of Interrogatories, #25 Exhibit Z. Plaintiff's Notice of Depostion of Blackhawk, #26 Exhibit AA. Letter from Branch to Birnholz, #27 Exhibit BB. Letter from Moreland to Birnholz, #28 Exhibit CC. Letter from Moreland to Wang, #29 Exhibit DD. Letter from Wang to Moreland, #30 Exhibit EE. Letter from Hipskind to McGrath, #31 Exhibit FF. Letter from Hipkind to Hawkins, #32 Exhibit GG. Email from Hawkins to Blackhawk, #33 Exhibit HH. Email from Birnholz to Hawkins, #34 Exhibit II. Letter from Hipskind to Hawkins, #35 Exhibit JJ. Irell and Manella Webpage, #36 Exhibit KK. Transcript of Karl Storz Endoscopy-America, Inc. v. Femsuite,) (Hawkins, Holly) |
| Filing 90 Declaration of Gregory M. Murphy filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. In Support of Plaintiff's Opposition to Defendant's Motion to Transfer re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 89 Declaration of J. Michael Martinez filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. In Support of Plaintiff's Opposition to Defendant's Motion to Transfer re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 88 Declaration of David E. Baker filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. In Support of Plaintiff's Opposition to Defendant's Motion to Transfer re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 87 Brief in Opposition by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Hawkins, Holly) |
| Filing 86 Declaration of Daniel P. Hipskind filed by Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. in Support of Blackhawk Network, Inc.'s Reply Brief (Dkt. #85) in Support of Its Amended Counterclaim for Inequitable Conduct re: #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A Office Action, dated March 20, 2009, concerning U.S. Patent Application No. 11/691,766, #2 Exhibit B United States Patent No. 5,011,743, #3 Exhibit C United States Patent No. 5,111,577, #4 Exhibit D Memorandum Opinion, BigBand Networks, Inc. v. Imagine Communications, Inc., dated July 20, 2010, #5 Exhibit E Declaration of Harry F. Manbeck, Jr., filed in Ormco Corp. v. Align Technology, Inc., dated January 26, 2009, #6 Exhibit F Amendment and Response, dated April 8, 2009, to Office Action, concerning U.S. Patent Application No. 11/691,766 (Excerpt), #7 Exhibit G Provisional Patent Application No. 60/149,740, dated August 19, 1999 (Excerpt)) (Cahill, Bryan) |
| Filing 85 Brief in Reply in Support of Amended Counterclaim for Inequitable Conduct by Defendant, Counter Claimant Blackhawk Network, Inc. re: #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense by Plaintiffs e2Interactive, Inc. and Interactive Communications International, Inc. (Cahill, Bryan) Modified docket text on 7/27/2010. (mmo) |
| Filing 84 Brief in Reply in Support re: #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense filed by Interactive Communications International, Inc., e2Interactive, Inc. (Moreland, David) |
| Filing 83 Declaration of Daniel P. Hipskind filed by Defendant Blackhawk Network, Inc. in Support of Blackhawk Network, Inc.s Opposition to e2Interactive, Inc. and Interactive Communications International, Inc.s Motion that the Court Enter Its Proposed Protective Order re: #72 Motion for Protective Order filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Ex. A - 6-21-2010 Letter from Hipskind to Hawkins, #2 Ex. B - 6-22-2010 Letter from Hipskind to Moreland, #3 Ex. C - 6-29-2010 Email from Moreland to Blackhawk's Counsel, #4 Ex. D - 6-29-2010 Email btw Birnholz and Moreland, #5 Ex. E - 7-1-2010 Email btw Birnholz and McGrath, #6 Ex. F - Protective Order entered in 07-C-229-C, #7 Ex. G - InComm's 'Executive Team' webpage) (Peterson, James) |
| Filing 82 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #72 Motion for Protective Order filed by Interactive Communications International, Inc., e2Interactive, Inc. Blackhawk Network, Inc.s Opposition to e2Interactive, Inc. and Interactive Communications International, Inc.s Motion that the Court Enter Its Protective Order (Attachments: #1 Ex. A - Blackhawks Proposed Protective Order, #2 Ex. B - Redline of Blackhawks Proposed Protective Order) (Peterson, James) |
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Filing 81
** TEXT ONLY ORDER **ORDER granting #79 Motion for Extension of Time. Brief in Opposition due 7/12/2010. Signed by Magistrate Judge Stephen L. Crocker on 7/12/10. (rep)
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| Filing 80 Plaintiffs' Answer to Defendant's Amended Counterclaims Reply to Counterclaim by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Hawkins, Holly) |
| Filing 79 Unopposed Motion for Extension of Time To File Opposition to Plaintiffs' Motion for Protective Order by Defendant Blackhawk Network, Inc..Response due 7/16/2010. (Peterson, James) |
| Filing 78 Declaration of Rozlyn Ramirez filed by Defendant Blackhawk Network, Inc. re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 77 Declaration of Benjamin T. Wang filed by Defendant Blackhawk Network, Inc. IN SUPPORT OF BLACKHAWK NETWORK, INC.S MOTION TO TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Attachments: #1 Exhibit A - "About Us" page from InComm's website, #2 Exhibit B - "Our History" page from InComm's website, #3 Exhibit C - Wisconsin DFI "Search Corporate Records" Results, #4 Exhibit D California SOS California Business Entity Search Results, #5 Exhibit E Contact Us page from Kwiksystems LLC's website, #6 Exhibit F CA Job listing from InComm's website, #7 Exhibit G Central Dist. of CA Docket for 04-cv-09074, #8 Exhibit H - Mark Leonard Address Information, #9 Exhibit I 03/27/2007 Request for Continuation-In-Part Application Under 37 C.F.R. 1.53(b), #10 Exhibit J 07/10/2009 Issue Fee Transmittal Letter, #11 Exhibit K - VA State Bar Member Information for Gregory Michael Murphy, #12 Exhibit L "eskyguide.com" flights between Atlanta and Madison, #13 Exhibit M - "eskyguide.com" flights between Atlanta and San Francisco, #14 Exhibit N - U.S. Patent No. 5,903,633, #15 Exhibit O - U.S. Patent No. 6,381,631, #16 Exhibit P Mapquest mileage results for Blackhawk and the N. Dist. of CA Courthouses, #17 Exhibit Q - Excerpts from the 09/01/2009 motion to stay, dismiss, or transfer hearing transcript in Dist. of MN Case No. 09-cv-1619, #18 Exhibit R 02/02/2010 Order in Dist. of MN Case No. 09-cv-1619, #19 Exhibit S 02/01/2010 InComm and UV Color, Inc.s Memorandum Of Law In Support Of Motion To Dismiss, Transfer Or Stay in Dist. of MN Case No. 09-cv-1619, #20 Exhibit T N. Dist. of CA Management Statistics, #21 Exhibit U W. Dist. of WI Management Statistics, #22 Exhibit V Scheduling Order in N. Dist. of CA Case No. 3:08-cv-03210-VRW) (Peterson, James) |
| Filing 76 Brief in Support by Defendant Blackhawk Network, Inc. re: #75 Motion to Transfer to U.S. District Court for the Northern District of California filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 75 Motion to Transfer to U.S. District Court for the Northern District of California by Defendant Blackhawk Network, Inc.. Brief in Opposition due 7/29/2010. Brief in Reply due 8/9/2010. (Peterson, James) |
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Filing 74
** TEXT ONLY ORDER **ORDER setting briefing on #72 Motion for Protective Order. Brief in Opposition due 7/9/2010. Signed by Magistrate Judge Stephen L. Crocker on 7/7/10. (rep)
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| Filing 73 Brief in Support by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #72 Motion for Protective Order filed by Interactive Communications International, Inc., e2Interactive, Inc. (Attachments: #1 Exhibit A- Proposed Protective Order, #2 Exhibit B- Proposed Protective Order with Disagreements Noted, #3 Exhibit C- Protective Order entered in WNS v. UPS) (Moreland, David) |
| Filing 72 Motion for Protective Order by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Moreland, David) |
| Filing 71 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense filed by Interactive Communications International, Inc., e2Interactive, Inc. (Peterson, James) |
| Filing 70 Amended ANSWER with Jury Demand, Amended COUNTERCLAIM against e2Interactive, Inc., Interactive Communications International, Inc. by Defendant Blackhawk Network, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc.. (Peterson, James) |
| Filing 69 Notice of Appearance filed by Labriah Lee for Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Lee, Labriah) |
| Filing 68 Notice of Appearance filed by David S. Moreland for Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Moreland, David) |
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Filing 67
** TEXT ONLY ORDER **ORDER granting #64 Motion for Extension of Time for briefing on motion to dismiss. Brief in Opposition due 6/25/2010. Brief in Reply due 7/16/2010. Signed by Magistrate Judge Stephen L. Crocker on 6/18/10. (krj) Modified on 7/2/2010 (llj/c).
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Filing 66
AMENDED Scheduling Order: Amendments to Pleadings due 10/12/2010. Claims Construction Hearing set for 1/21/2011 at 9:00 AM Dispositive Motions due 6/10/2011. Settlement Letters due 10/17/2011. Motions in Limine due 10/26/2011. Final Pretrial Conference set for 11/16/2011 at 3:00 PM Jury Selection and Trial set for 12/5/2011 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 6/17/2010. (lak)
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| Filing 65 Notice of Withdrawal of Counsel by Andrew M. Norman re: Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. (Norman, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Status Conference held on 6/17/2010 [:52] (cak) |
| Filing 64 Stipulated Motion for Extension of Time and Concerning Briefing Related to Defendant's Inequitable Conduct Counterclaims by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Claimant Blackhawk Network, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc., Defendant Blackhawk Network, Inc..Response due 6/22/2010. (Peterson, James) |
| Filing 63 Notice of Withdrawal of Counsel by Steven M. Collins re: Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. (Collins, Steven) |
| Set/Reset Scheduling Order Deadlines: Telephone Status Conference set for 6/08/2010 at 09:30 AM rescheduled to 6/17/2010 at 01:30 PM at the request of counsel. Counsel for Plaintiffs remain responsible for setting up the call to chambers at (608) 264-5153. (cak) |
| Filing 62 Plaintiff's Answer to Defendant's Counterclaims Reply to Counterclaim by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Hawkins, Holly) |
| Filing 61 Brief in Support by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. re: #60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense filed by Interactive Communications International, Inc., e2Interactive, Inc. (Hawkins, Holly) |
| Filing 60 MOTION TO DISMISS and Strike Blackhawk's Inequitable Conduct Counterclaim and Affirmative Defense by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. Brief in Opposition due 6/15/2010. Brief in Reply due 6/25/2010. (Hawkins, Holly) |
| Set Telephone Status Conference: Telephone Status Conference set for 6/8/2010 at 09:30 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. If the parties would like to submit joint or separate proposals on how to amend the calendar, they are welcome to do so, but it is not required. (rep) |
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Filing 59
ORDER granting in part and denying in part #51 Motion to Strike ; denying #14 Motion to Disqualify Counsel. Signed by Magistrate Judge Stephen L. Crocker on 5/16/10. (rep)
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Filing 58
** TEXT ONLY ORDER **Motion for a temporary stay #15 is granted. All proceedings in this case will be stayed until the court enters an order on plaintiff's motion to disqualify counsel, after which a scheduling conference will be scheduled.. Signed by District Judge Barbara B. Crabb on 3/29/10. (rep) Modified on 4/9/2010 (llj/t).
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| Filing 57 Notice by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. re 23 Order on Motion to Disqualify Counsel,, Letter to Court. (Attachments: #1 Certificate of Service) (Duchemin, Matthew) |
| Filing 56 Notice of Appearance filed by Benjamin T. Wang for Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. (Attachments: #1 Certificate of Service) (Wang, Benjamin) |
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Filing 55
** TEXT ONLY ORDER **ORDER granting #53 Motion to Seal Document #51 Motion to Strike Supplemental Affidavits and Reply Brief. Signed by Magistrate Judge Stephen L. Crocker on 2/4/10. (rep)
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| Filing 54 Brief in Opposition by Defendant Blackhawk Network, Inc. re: #51 Motion to Strike Supplemental Affidavits and Reply Brief filed by Interactive Communications International, Inc., e2Interactive, Inc. (Peterson, James) |
| Filing 53 Motion to Seal Document #51 Motion to Strike by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Collins, Steven) Modified text on 2/4/2010 (jef). |
| Filing 52 Brief in Support by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. re: #51 Motion to Strike filed by Interactive Communications International, Inc., e2Interactive, Inc. (Sealed Document) (Collins, Steven) Modified text on 2/4/2010 (jef). |
| Filing 51 Motion to Strike Supplemental Affidavits #40 , #41 , #42 , #43 , #44 , #45 of Defendant and Arguments in #39 Reply Brief Based on Those Affidavits or, in the Alternative, to Allow Plaintiffs to File Supplemental Affidavits and a Response to Defendant's Reply Brief (Sealed Document) by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. Response due 2/8/2010. (Attachments: #1 Certificate of Service) (Collins, Steven) Removed all caps in text on 2/4/2010 (jef). |
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Filing 50
Order Referring Case to Magistrate Judge Stephen L. Crocker. Signed by Chief Judge Barbara B. Crabb on 2/1/10. (rep)
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Filing 49
** TEXT ONLY ORDER **ORDER granting #46 Motion to Seal Document #39 Brief in Reply, #40 Declaration, #43 Declaration, #45 Declaration, #44 Declaration, #41 Declaration, #42 Declaration. Signed by Magistrate Judge Stephen L. Crocker on 1/27/10. (rep)
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Filing 48
** TEXT ONLY ORDER **ORDER granting #25 Motion to Admit Steven M. Collins Pro Hac Vice. Steven M. Collins for e2Interactive, Inc. and Interactive Communications International, Inc. admitted pro hac vice. Signed by Magistrate Judge Stephen L. Crocker on 1/25/10. (rep)
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| Filing 47 Certificate of Service by Defendant Blackhawk Network, Inc. re #46 Motion to Seal Document #39 Brief in Reply, #40 Declaration, #43 Declaration, #45 Declaration, #44 Declaration, #41 Declaration, #42 Declaration, #39 Brief in Reply, #40 Declaration, #43 Declaration, #45 Declaration, #44 Declaration, #41 Declaration, #42 Declaration. (Peterson, James) |
| Filing 46 Motion to Seal Document #39 Brief in Reply, #40 Declaration, #43 Declaration, #45 Declaration, #44 Declaration, #41 Declaration, #42 Declaration, by Defendant Blackhawk Network, Inc.. (Peterson, James) |
| Filing 45 Supplemental Declaration of Talbott Roche filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 44 Supplemental Declaration of Ann Erickson filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Notes of telephone conference with Alstons Bill Baker) (Peterson, James) |
| Filing 43 Supplemental Declaration of David Durant filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Email exchange between Alson and Blackhawk) (Peterson, James) |
| Filing 42 Supplemental Declaration of Shannon Campagna filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 41 Declaration of Gizelle Barany filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 40 Supplemental Declaration of Richard M. Birnholz filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A - Plaintiffs First Set of Interrogatories, #2 Exhibit B - Plaintiffs First Set of Requests for Production, #3 Exhibit C - Plaintiffs First 30(b)(6) Deposition Notice) (Peterson, James) |
| Filing 39 Brief in Reply in Support re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 38 Notice of Appearance For Morgan Chu filed by Morgan Chu for Counter Claimant Blackhawk Network, Inc., Defendant Blackhawk Network, Inc. (Attachments: #1 Certificate of Service) (Chu, Morgan) |
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Filing 37
** TEXT ONLY ORDER **ORDER granting #32 Motion to Admit Richard Birnholz and Daniel Hipskind Pro Hac Vice. Richard Marc Birnholz for Blackhawk Network, Inc., Daniel Hipskind for Blackhawk Network, Inc. admitted pro hac vice. Signed by Magistrate Judge Stephen L. Crocker on 1/15/10. (rep)
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| Filing 36 Notice of Appearance filed by Bryan J Cahill for Defendant Blackhawk Network, Inc. (Attachments: #1 Certificate of Service) (Cahill, Bryan) |
| Filing 35 Certificate of Service by Defendant Blackhawk Network, Inc. re #34 Declaration, #33 Declaration, #32 Motion to Admit Richard Birnholz and Daniel Hipskind Pro Hac Vice (Peterson, James) |
| Filing 34 Declaration of Daniel Hipskind filed by Defendant Blackhawk Network, Inc. re: #32 Motion to Admit Richard Birnholz and Daniel Hipskind Pro Hac Vice filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 33 Declaration of Richard Birnholz filed by Defendant Blackhawk Network, Inc. re: #32 Motion to Admit Richard Birnholz and Daniel Hipskind Pro Hac Vice filed by Blackhawk Network, Inc. (Peterson, James) |
| Filing 32 Motion to Admit Richard Birnholz and Daniel Hipskind Pro Hac Vice by Defendant Blackhawk Network, Inc.. (Attachments: #1 ECF Registration Form for Richard Birnhol, #2 ECF Registration Form for Daniel Hipskind) (Peterson, James) |
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Filing 31
** TEXT ONLY ORDER **ORDER granting #30 Motion to Seal #26 Brief in Opposition, #27 Declaration of William H. Baker, #28 Declaration of Robert C. Jones, #29 Declaration of Robin L. McGrath. Signed by Magistrate Judge Stephen L. Crocker on 1/12/2010. (arw)
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| Filing 30 Motion to Seal #27 Declaration, #28 Declaration, #29 Declaration, #26 Brief in Opposition, by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Duchemin, Matthew) |
| Filing 29 Declaration of Robin L. McGrath filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. in Opposition re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Certificate of Service) (Duchemin, Matthew) |
| Filing 28 Declaration of Robert C. Jones filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. in Opposition re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A - 2.1.09 Letter, #2 Exhibit B - 4.14.09 Letter, #3 Exhibit C - 5.8.09 Letter, #4 Exhibit D - Lobbying Registration, #5 Exhibit E - Lobbying Registration, #6 Exhibit F - Agenda for Planning Meeting, #7 Certificate of Service) (Duchemin, Matthew) |
| Filing 27 Declaration of William H. Baker filed by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. in Opposition re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A - 10.29.07 Engagement Letter, #2 Exhibit B - 7.31.09 Engagement Letter, #3 Exhibit C - 9.1.09 Engagement Letter, #4 Exhibit D - Declaration of Ann Erickson in Eastern District Texas Case 07-1590, #5 Certificate of Service) (Duchemin, Matthew) |
| Filing 26 Brief in Opposition by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Counter Defendants e2Interactive, Inc., Interactive Communications International, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. and Request for Temporary Restraining Order (Sealed Document) (Attachments: #1 Exhibit 1 - States' Rule 1.7 with Comment, #2 Certificate of Service) (Duchemin, Matthew) |
| Filing 25 Motion to Admit Steven M. Collins Pro Hac Vice by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Duchemin, Matthew) |
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Filing 24
Pretrial Conference Order - Amendments to Pleadings due 5/24/2010. Motions Requesting Claims Construction due 8/6/2010. Claims Construction Response Brief due 8/27/2010. Claims Construction Hearing set for 9/3/2010 09:00 at AM. Dispositive Motions due 12/10/2010. Motions in Limine due 5/27/2011. Response to Motion due 6/10/2011. Final Pretrial Submissions due 6/9/2011. Final Pretrial Conference set for 6/16/2011 at 04:00 PM. Jury Selection and Trial set for 6/27/2011 at 09:00 AM. Activity by 4/28/2011 #Consent to Proceed Before a U.S. Magistrate Judge forms due 1/22/2010.. Signed by Magistrate Judge Stephen L. Crocker on 12/30/09. (rep)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 12/22/2009 [1:00] (cak) |
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Filing 23
** TEXT ONLY ORDER **At a December 16, 2009 telephonic motion hearing the court granted the motion to seal (dkt. #13 ). The response to defendant's motion to disqualify counsel (dkt. #14 ) is due January 8, 2010 with a reply due January 22, 2010. The December 22 telephonic pretrial conference will go forward as scheduled but only to set dates. The parties need not meet and confer and need not submit a joint report to the court. All substantive activity in this case is stayed pending further court order. Signed by Magistrate Judge Stephen L. Crocker on 12/16/09. (rep)
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| Reset Pretrial Conference: Pretrial Conference reset for 12/22/2009 at 11:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (rep) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Motion Hearing held on 12/16/2009 [:15] (cak) |
| Filing 22 CERTIFICATE OF SERVICE by Defendant Blackhawk Network, Inc. re #15 Brief in Support, #20 Declaration, #18 Declaration,, #19 Declaration, #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document), #16 Declaration, #17 Declaration, #21 Declaration, #13 MOTION to Seal Document (Peterson, James) |
| Filing 21 DECLARATION of Richard M. Birnholz filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A (12-3-09 Email To Hawkins), #2 Exhibit B (Letter To McGrath), #3 Exhibit C (Letter From Alston)) (Peterson, James) |
| Filing 20 DECLARATION of Shannon Campagna filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 19 DECLARATION of Talbott Roche filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A (Marks Email With Attachment), #2 Exhibit B (Alston Retainer 5-8-09)) (Peterson, James) |
| Filing 18 DECLARATION of Ann B. Erickson filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A (Oct 2007 Retainer Agreement), #2 Exhibit B (July 2009 Proposed Retainer), #3 Exhibit C (Sept 2009 Retainer Agreement), #4 Exhibit D (Declaration From Ware Case), #5 Exhibit E (Redacted 8-25-09 Email)) (Peterson, James) |
| Filing 17 DECLARATION of Robert A. Gordon filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A (Gordon Letter To Alston), #2 Exhibit B (Collins Letter To Gordon)) (Peterson, James) |
| Filing 16 DECLARATION of David Durant filed by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Attachments: #1 Exhibit A (8-25-09 Email From Durant), #2 Exhibit B (8-25-09 Email From Baker)) (Peterson, James) |
| Filing 15 BRIEF in Support by Defendant Blackhawk Network, Inc. re: #14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) filed by Blackhawk Network, Inc. (Sealed Document) (Peterson, James) |
| Filing 14 MOTION to Disqualify Counsel And Temporarily Stay Proceedings Pending Resolution Of The Disqualification Motion (Sealed Document) by Defendant Blackhawk Network, Inc..Response due by 12/21/2009. (Peterson, James) |
| Filing 13 MOTION to Seal Document by Defendant Blackhawk Network, Inc.. (Peterson, James) |
| Filing 12 Corporate Disclosure Statement by Defendant Blackhawk Network, Inc. (Peterson, James) |
| Filing 11 ANSWER with Jury Demand, COUNTERCLAIM against all plaintiffs by Defendant Blackhawk Network, Inc., Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc.. (Peterson, James) |
| Set Pretrial or Status Conference: Telephone Pretrial Conference set for 12/22/2009 at 09:30 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (llj) |
| Filing 10 NOTICE of Appearance filed by Robin L. McGrath for Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Attachments: #1 Certificate of Service) (McGrath, Robin) |
| Filing 9 NOTICE of Appearance filed by Holly S. Hawkins for Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc. (Attachments: #1 Certificate of Service) (Hawkins, Holly) |
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Filing 8
** TEXT ONLY ORDER **ORDER granting #7 Motion for Extension of Time to Answer. Blackhawk Network, Inc. answer due 12/2/2009. Signed by Magistrate Judge Stephen L. Crocker on 11/9/09. (rep)
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| Filing 7 MOTION for Extension of Time to File Answer (with Certificate of Service) by Defendant Blackhawk Network, Inc..Response due by 11/17/2009. (Peterson, James) |
| Filing 6 Corporate Disclosure Statement by Plaintiff Interactive Communications International, Inc.. (Norman, Andrew) |
| Filing 5 Corporate Disclosure Statement by Plaintiff e2Interactive, Inc.. (Norman, Andrew) |
| Filing 4 AFFIDAVIT of Service by Plaintiffs e2Interactive, Inc., Interactive Communications International, Inc., Defendant Blackhawk Network, Inc.. Blackhawk Network, Inc. served on 10/19/2009, answer due 11/9/2009. (Duchemin, Matthew) |
| Filing 3 Report on Filing of Patent or Trademark. Copy provided to the US Patent and Trademark Office electronically. (rep) |
| Filing 2 Summons Issued as to Blackhawk Network, Inc. (rep) |
| Case assigned to Magistrate Judge Stephen L. Crocker. (rep) |
| Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: # NORTC, #Briefing Guidelines, #Corporate Disclosure Statement, #Order Regarding Assignment of U.S. Magistrate Judge to Civil Cases, #Declination to Proceed before a U.S. Magistrate Judge, #Order on Dispositive Motions. (rep) |
| Filing 1 PATENT COMPLAINT and Demand for Jury Trial against Blackhawk Network, Inc. ( Filing fee $ 350 receipt number 34690005710.) PATENTS AT ISSUE: Patent # 7578439, issued 08/25/09, held by e2Interactive, Inc. ;, filed by all plaintiffs. (Attachments: #1 Exhibit A-- U.S. Patent No. 7,578,439, #2 JS-44 Civil Cover Sheet, #3 Summons, #4 Report on Filing Patent/Trademark Action) (Duchemin, Matthew) |
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