Datatern, Inc. v. Staples, Inc. et al



 
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RFC Case Number: P-D10-133S
Court Case Number: 2:10-cv-00133-TJW-CE
File Date: Monday, April 19, 2010
Plaintiff: Datatern, Inc.
Plaintiff Counsel: Andrew W. Spangler of Spangler Law PC
Marc A. Fenster of Russ August & Kabat
Patrick R. Anderson of Patrick R. Anderson PLLC
Defendant: Staples, Inc.
J.C. Penney Company, Inc.
J.C. Penney Corporation, Inc.
Sears Holdings Corporation
Sears, Roebuck, and Co.
New York Mellon Corporation
Eagle Investment Systems LLC
Pershing LLC
Capital One Financial Corporation
Capital One Bank (USA), National Association
Capital One, National Association
Capital One Services, Inc.
Regions Financial Corporation
Goldman Sachs Group, Inc.
Goldman Sachs International
Goldman, Sachs & Co.
Fidelity Brokerage Services LLC
FMR LLC
FMR Corp.
National Financial Services LLC
The PNC Financial Services Group, Inc.
PNC Bancorp, Inc.
PNC Bank, National Association
PNC Holding, LLC
Cause: 35:271 Patent Infringement
Court: Texas Eastern District Court
Judge: Judge T. John Ward
Referred To: Magistrate Judge Charles Everingham
Notes:
Patent Details:
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Docket Text

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Date # Docket Text
4/11/2011 137 AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Charles Everingham on 4/11/11. (ehs, ) (Entered: 04/11/2011)
4/1/2011 136 Agreed MOTION for Protective Order by Datatern, Inc., J.C. Penney Company, Inc., J.C. Penney Corporation, Inc., Sears Holdings Corporation, Sears, Roebuck, and Co., Staples, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A to Proposed Protective Order)(Gray, Tonya) (Entered: 04/01/2011)
4/1/2011 135 NOTICE of Disclosure by J.C. Penney Company, Inc., J.C. Penney Corporation, Inc. (Gray, Tonya) (Entered: 04/01/2011)
4/1/2011 134 NOTICE of Disclosure by Sears Holdings Corporation, Sears, Roebuck, and Co. (Gray, Tonya) (Entered: 04/01/2011)
4/1/2011 133 NOTICE of Disclosure by Staples, Inc. (Gray, Tonya) (Entered: 04/01/2011)
4/1/2011 132 NOTICE of Disclosure by Datatern, Inc. (Notice of Initial Disclosures) (Casimer, Gregory) (Entered: 04/01/2011)
3/30/2011 131 NOTICE by Datatern, Inc. of Compliance with P.R. 3-1 and 3-2 Disclosure (Henry, David) (Entered: 03/30/2011)
3/29/2011 130 ORDER granting 129 Motion to Dismiss. ORDERED that all claims in this action asserted by Plaintiff against Defendant Regions Financial Corporation are hereby dismissed with prejudice. IT IS FURTHER ORDERED that each party shall bear its own attorneys fees and costs. Signed by Judge T. John Ward on 3/29/2011. (ch, ) (Entered: 03/29/2011)
3/28/2011 129 Agreed MOTION to Dismiss Defendant, Regions Financial Corporation, by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Casimer, Gregory) (Entered: 03/28/2011)
3/28/2011 128 ***DEFICIENT DOCUMENT. PLEASE IGNORE.***Agreed MOTION to Dismiss Defendant, Regions Financial Corporation, by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Casimer, Gregory) Modified on 3/28/2011 (ch, ). (Entered: 03/28/2011)
3/28/2011 NOTICE of Deficiency regarding the 128 submitted by Datatern, Inc., Regions Financial Corporation. NO CERTIFICATE OF SERVICE. Correction should be made by one business day (ch, ) (Entered: 03/28/2011)
3/21/2011 127 AMENDED DOCKET CONTROL ORDER - Amended Pleadings due by 1/20/2012., Joinder of Parties due by 7/25/2011., Claim Construction Hearing set for 3/28/2012 09:00 AM before Magistrate Judge Charles Everingham., Motions in limine due by 4/1/2013., Proposed Pretrial Order due by 3/18/2013., Jury Selection set for 5/6/2013 09:00AM before Judge T. John Ward., Pretrial Conference set for 4/22/2013 09:00 AM before Magistrate Judge Charles Everingham. Mediation deadline is 3/18/2013. All other deadlines are set forth herein. Signed by Magistrate Judge Charles Everingham on 3/21/2011. (ch, ) (Entered: 03/21/2011)
3/11/2011 126 DOCKET CONTROL ORDER, ( Amended Pleadings due by 1/20/2012., Discovery due by 1/28/2013., Joinder of Parties due by 7/25/2011., Markman Hearing set for 3/28/2012 09:00 AM before Judge T. John Ward., Motions due by 4/1/2011., Proposed Pretrial Order due by 3/18/2011., Jury Selection set for 4/29/2013 09:00AM before Judge T. John Ward., Jury Trial set for 5/6/2013 09:00 AM before Judge T. John Ward., Pretrial Conference set for 4/22/2013 09:00 AM before Judge T. John Ward. Signed by Magistrate Judge Charles Everingham on 3/11/10. (ehs, ) Modified on 3/14/2011 (ch, ). (Entered: 03/11/2011)
3/11/2011 126 DOCKET CONTROL ORDER, ( Amended Pleadings due by 1/20/2012., Discovery due by 1/28/2013., Joinder of Parties due by 7/25/2011., Markman Hearing set for 3/28/2013 09:00 AM before Judge T. John Ward., Motions due by 4/1/2011., Proposed Pretrial Order due by 3/18/2011., Jury Selection set for 4/29/2013 09:00AM before Judge T. John Ward., Jury Trial set for 5/6/2013 09:00 AM before Judge T. John Ward., Pretrial Conference set for 4/22/2013 09:00 AM before Judge T. John Ward. Signed by Magistrate Judge Charles Everingham on 3/11/10. (ehs, ) (Entered: 03/11/2011)
3/11/2011 125 DISCOVERY ORDER. Signed by Magistrate Judge Charles Everingham on 3/11/11. (ehs, ) (Entered: 03/11/2011)
3/9/2011 124 Submission of ds by Datatern, Inc. Joint Motion for Entry of Proposed Docket Control Order and Discovery Order. (Attachments: # 1 Text of Proposed Order Proposed Docket Control Order, # 2 Text of Proposed Order Proposed Discovery Order)(Henry, David) (Entered: 03/09/2011)
2/25/2011 123 ORDER granting 122 Motion for Extension of deadlines. Plaintiff has up to and including March 16, 2011 to serve its P.R. 3-1 and 3-2 Disclosures.. Signed by Magistrate Judge Charles Everingham on 2/25/11. (ehs, ) (Entered: 02/25/2011)
2/24/2011 122 Agreed MOTION for Extension of Time to File Docket Control Order, Discovery Order, and Plaintiff's P.R. 3-1 and 3-2 Disclosures by Datatern, Inc., J.C. Penney Company, Inc., J.C. Penney Corporation, Inc., Regions Financial Corporation, Sears Holdings Corporation, Sears, Roebuck, and Co., Staples, Inc.. (Attachments: # 1 Text of Proposed Order)(Gray, Tonya) (Entered: 02/24/2011)
2/24/2011 121 NOTICE of Attorney Appearance by Gerald C Conley on behalf of Sears Holdings Corporation, Sears, Roebuck, and Co. (Conley, Gerald) (Entered: 02/24/2011)
2/24/2011 120 NOTICE of Attorney Appearance by Gerald C Conley on behalf of J.C. Penney Company, Inc., J.C. Penney Corporation, Inc. (Conley, Gerald) (Entered: 02/24/2011)
2/24/2011 119 NOTICE of Attorney Appearance by Gerald C Conley on behalf of Staples, Inc. (Conley, Gerald) (Entered: 02/24/2011)
2/16/2011 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 2/16/11. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of todays date. Court adjourned. (Court Reporter Susan Simmons.) (bga, ) (Entered: 02/16/2011)
2/16/2011 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 2/16/11. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties are to submit the proposed orders within 14 days of todays date. Court adjourned. (Court Reporter Susan Simmons.) (delat, ) (Entered: 02/16/2011)
2/10/2011 118 ORDER granting 116 Motion to Dismiss. All claims asserted between plaintiff and dfts PNC Bancorp Inc; PNC Bank, National Association and PNC Holdings LLC are hereby dismissed with prejudice. Each party shall bear their own costs. Signed by Judge T. John Ward on 2/10/2011. (ch, ) (Entered: 02/10/2011)
2/10/2011 117 ORDER granting 115 Motion to Dismiss Defendants Fidelity Brokerage Services LLC, FMR LLC, FMR Corporation, and National Financial Services, LLC. All claims and counterclaims asserted by Defendants Fidelity Brokerage Services LLC, FMR LLC, FMR Corporation, and National Financial Services, LLC against Plaintiff DataTern, Inc. are dismissed as moot, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT executed on January 24, 2011. Each party shall bear its own attorneys fees and costs.. Signed by Judge T. John Ward on 2/10/11. (ehs, ) (Entered: 02/10/2011)
2/7/2011 116 Agreed MOTION to Dismiss PNC Financial Services Group, Inc.; PNC Bancorp, Inc.; PNC Bank; National Association; and PNC Holding, LLC by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Casimer, Gregory) (Entered: 02/07/2011)
2/7/2011 115 Agreed MOTION to Dismiss Fidelity Brokerage Services, LLC; FMR, LLC; FMR Corp., and National Financial Services, LLC by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Casimer, Gregory) (Entered: 02/07/2011)
1/20/2011 114 Status Conference set for 2/16/11 9:45 am before Judge T John Ward and Honorable Chad Everingham. The purpose of the conference will be to assign a claim construction hearing date and a trial setting. The parties shall submit their proposed docket control and discovery orders to the court on March 2, 2011. Signed by Judge T. John Ward on 1/20/11. (ehs, ) (Entered: 01/20/2011)
1/20/2011 113 ORDER granting 111 Motion to Dismiss Defendants Goldman Sachs Group, Inc. and Goldman, Sachs & Company. All claims are dismissed with prejudice, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT executed on December 29, 2010. All counterclaims asserted by Defendants Goldman Sachs Group, Inc. and Goldman, Sachs & Company against Plaintiff DataTern, Inc. are dismissed as moot, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT executed on December 29, 2010. Each party shall bear its own attorneys fees and costs.. Signed by Judge T. John Ward on 1/20/11. (ehs, ) (Entered: 01/20/2011)
1/20/2011 112 ORDER granting 110 Motion to Dismiss Defendants Bank of New York Mellon Corporation, Eagle Investment Systems, LLC, and Pershing, LLC. All claims are hereby dismissed with prejudice, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT executed on December 29, 2010. All counterclaims asserted by Defendants Bank of New York Mellon Corporation, Eagle Investment Systems, LLC, and Pershing, LLC against Plaintiff DataTern, Inc. are dismissed as moot, subject to the terms of that certain agreement entitled SETTLEMENT AGREEMENT executed on December 29, 2010.. Signed by Judge T. John Ward on 1/20/11. (ehs, ) (Entered: 01/20/2011)
1/5/2011 111 Agreed MOTION to Dismiss With Prejudice Goldman Sachs Group, Inc. and Goldman, Sachs & Company by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Henry, David) (Entered: 01/05/2011)
1/5/2011 110 Agreed MOTION to Dismiss With Prejudice Bank of New York Mellon Corporation, Eagle Investment Systems, LLC, and Pershing, LLC by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Henry, David) (Entered: 01/05/2011)
11/22/2010 109 ORDER granting 108 Motion to Dismiss. All claims and counterclaims between plaintiff and dfts Capital One Financial Corporation; Capital One Bank (USA, National Association; Capital One, National Association; And Capital One Services Inc. are hereby dismissed with prejudice. All attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge T. John Ward on 11/22/2010. (ch, ) (Entered: 11/22/2010)
11/17/2010 108 MOTION to Dismiss With Prejudice by Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association. (Attachments: # 1 Text of Proposed Order)(Gilstrap, James) (Entered: 11/17/2010)
11/1/2010 107 REPLY to Response to Motion re 102 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) & Motion to Strike Under Fed. R. Civ. P. 12(f)(2), 104 MOTION to Strike 101 Answer to Complaint, Counterclaim (Same as Docket 102) and Docket No. 106 filed by Datatern, Inc.. (Haller, Timothy) (Entered: 11/01/2010)
10/25/2010 106 RESPONSE in Opposition re 104 MOTION to Strike 101 Answer to Complaint, Counterclaim (Same as Docket 102) filed by PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC, The PNC Financial Services Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Rambo, Rick) (Entered: 10/25/2010)
10/18/2010 105 APPLICATION to Appear Pro Hac Vice by Attorney Gregory P Casimer for Datatern, Inc.. (APPROVED FEE PAID) (ehs, ) (Additional attachment(s) added on 1/24/2011: # 1 RECEIPT 2-09) (ch, ). (Entered: 10/18/2010)
10/8/2010 104 MOTION to Strike 101 Answer to Complaint, Counterclaim (Same as Docket 102) by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Haller, Timothy) (Entered: 10/08/2010)
10/8/2010 103 DataTern, Inc.'s ANSWER to 101 Answer to Complaint, Counterclaim of PNC by Datatern, Inc..(Haller, Timothy) (Entered: 10/08/2010)
10/7/2010 102 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) & Motion to Strike Under Fed. R. Civ. P. 12(f)(2) by Datatern, Inc.. (Haller, Timothy) (Additional attachment(s) added on 10/8/2010: # 1 Text of Proposed Order) (sm, ). (Entered: 10/07/2010)
9/16/2010 NOTICE FROM CLERK - disregard notice of deficiency regarding #100, clerk error. (ch, ) (Entered: 09/16/2010)
9/16/2010 ***DISREGARD DEFICIENCY NOTICE CLERK ERROR.***NOTICE of Deficiency regarding the 100 submitted by Datatern, Inc.. NO CERTIFICATE OF SERVICE, OR ORDER. Correction should be made by one business day (ch, ) Modified on 9/16/2010 (ch, ). (Entered: 09/16/2010)
9/15/2010 101 ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by PNC Holding, LLC, PNC Bank, National Association, The PNC Financial Services Group, Inc., PNC Bancorp, Inc..(Rambo, Rick) (Entered: 09/15/2010)
9/15/2010 100 NOTICE of Voluntary Dismissal by Datatern, Inc. (Haller, Timothy) (Entered: 09/15/2010)
9/10/2010 ***FILED IN ERROR. FILED IN WRONG CASE Document # 86, Answer. PLEASE IGNORE.*** (ch, ) (Entered: 09/10/2010)
8/20/2010 99 ORDER granting 97 Motion to Withdraw as Attorney. Attorney Marc A Fenster and Andrew W. Spangler, Patrick Anderson terminated; granting 97 Motion to Substitute Attorney Timothy Haller Lead attorney, David Henry, Jason Holt as counsel for plaintiff. Signed by Magistrate Judge Charles Everingham on 8/19/2010. (ch, ) (Entered: 08/20/2010)
8/18/2010 98 NOTICE of Attorney Appearance by Diane K Lettelleir on behalf of J.C. Penney Corporation, Inc. (Lettelleir, Diane) (Entered: 08/18/2010)
8/18/2010 97 Unopposed MOTION to Withdraw as Attorney, Unopposed MOTION to Substitute Attorney by Datatern, Inc.. (Attachments: # 1 Text of Proposed Order)(Henry, David) (Entered: 08/18/2010)
8/13/2010 96 NOTICE of Attorney Appearance by David Paul Henry on behalf of Datatern, Inc. (Henry, David) (Entered: 08/13/2010)
8/13/2010 95 NOTICE of Attorney Appearance by Jason Andrew Holt on behalf of Datatern, Inc. (Holt, Jason) (Entered: 08/13/2010)
8/12/2010 94 APPLICATION to Appear Pro Hac Vice by Attorney Timothy J Haller for Datatern, Inc.. (APPROVED, FEE PAID 2-1-5557) (ehs, ) (Entered: 08/12/2010)
7/16/2010 93 NOTICE of Attorney Appearance by Benjamin K Thompson on behalf of Bank of New York Mellon Corporation, Eagle Investment Systems LLC, FMR Corp., FMR LLC, Fidelity Brokerage Services LLC, Goldman Sachs Group, Inc., Goldman Sachs International, Goldman, Sachs & Co., National Financial Services LLC, Pershing LLC (Thompson, Benjamin) (Entered: 07/16/2010)
7/12/2010 92 ANSWER to 71 Answer to Complaint, Counterclaim of Staples, Inc. by Datatern, Inc..(Fenster, Marc) (Entered: 07/12/2010)
7/12/2010 91 ANSWER to 65 Answer to Complaint, Counterclaim,, Bank of New York Mellon Corporation, Pershing LLC, and Eagle Investment Systems LLC by Datatern, Inc..(Fenster, Marc) (Entered: 07/12/2010)
7/12/2010 90 ANSWER to 63 Answer to Complaint, Counterclaim,, of Fidelity Brokerage Services LLC, FMR LLC, and National Financial Services LLC by Datatern, Inc..(Fenster, Marc) (Entered: 07/12/2010)
7/12/2010 89 ANSWER to 61 Answer to Complaint, Counterclaim of Sears, Roebuck, and Co. and Sears Holdings Corporation by Datatern, Inc..(Fenster, Marc) (Entered: 07/12/2010)
7/12/2010 88 ANSWER to 59 Answer to Complaint, Counterclaim,, of The Goldman Sachs Group, Inc. and Goldman Sachs & Co. by Datatern, Inc..(Fenster, Marc) (Entered: 07/12/2010)
7/12/2010 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available here by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 07/12/2010)
7/9/2010 87 CORPORATE DISCLOSURE STATEMENT filed by PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC identifying Corporate Parent PNC Financial Services Group, Inc. for PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC. (Rambo, Rick) (Entered: 07/09/2010)
7/9/2010 86 ***FILED IN ERROR. FILED IN WRONG CASE. PLEASE IGNORE.*** ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by PNC Holding, LLC, PNC Bank, National Association, PNC Bancorp, Inc..(Rambo, Rick) Modified on 9/10/2010 (ch, ). (Entered: 07/09/2010)
7/7/2010 85 CORPORATE DISCLOSURE STATEMENT filed by Capital One Services, Inc. (Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 84 CORPORATE DISCLOSURE STATEMENT filed by Capital One Financial Corporation (Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 83 CORPORATE DISCLOSURE STATEMENT filed by Capital One Bank (USA), National Association (Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 82 CORPORATE DISCLOSURE STATEMENT filed by Capital One, National Association (Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 81 ANSWER to 1 Complaint,,, by Capital One Services, Inc..(Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 80 ANSWER to 1 Complaint,,, by Capital One Financial Corporation.(Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 79 ANSWER to 1 Complaint,,, by Capital One Bank (USA), National Association.(Gilstrap, James) (Entered: 07/07/2010)
7/7/2010 78 ANSWER to 1 Complaint,,, by Capital One, National Association.(Gilstrap, James) (Entered: 07/07/2010)
7/6/2010 77 ANSWER to 56 Answer to Complaint, Counterclaim of J.C. Penney Corporation, Inc. and J.C. Penney Company, Inc. by Datatern, Inc..(Fenster, Marc) (Entered: 07/06/2010)
7/1/2010 76 ORDER granting 75 Motion for Extension of Time to Answer. Dft The PNC Financial Services Group Inc., PNC Bank, National Association, and PNC Holding, LLC deadline is extended to 7/9/2010. Signed by Magistrate Judge Charles Everingham on 7/1/2010. (ch, ) (Entered: 07/01/2010)
7/1/2010 Answer Due Deadline Updated for PNC Bancorp, Inc. to 7/9/2010; PNC Bank, National Association to 7/9/2010; PNC Holding, LLC to 7/9/2010; The PNC Financial Services Group, Inc. to 7/9/2010. (ch, ) (Entered: 07/01/2010)
6/30/2010 75 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, by PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC, The PNC Financial Services Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Rambo, Rick) (Entered: 06/30/2010)
6/23/2010 74 Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association.( Gilstrap, James) (Entered: 06/23/2010)
6/23/2010 Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Capital One Financial Corporation to 7/7/2010; Capital One Bank (USA), National Association to 7/7/2010; Capital One Services, Inc. to 7/7/2010; Capital One, National Association to 7/7/2010. 14 Days Granted for Deadline Extension.( ch, ) (Entered: 06/23/2010)
6/16/2010 73 CORPORATE DISCLOSURE STATEMENT filed by Staples, Inc. (Gray, Tonya) (Entered: 06/16/2010)
6/16/2010 72 CORPORATE DISCLOSURE STATEMENT filed by Regions Financial Corporation (DeRieux, Elizabeth) (Entered: 06/16/2010)
6/16/2010 71 Original ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by Staples, Inc..(Gray, Tonya) (Entered: 06/16/2010)
6/16/2010 70 (Defendant Regions Financial Corporation's Answer to Plaintiff's Original Complaint for Patent Infringement) ANSWER to 1 Complaint,,, by Regions Financial Corporation.(DeRieux, Elizabeth) (Entered: 06/16/2010)
6/16/2010 69 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC.( Rambo, Rick) (Entered: 06/16/2010)
6/16/2010 68 CORPORATE DISCLOSURE STATEMENT filed by Eagle Investment Systems LLC identifying Corporate Parent The Bank of New York Mellon Corporation, Corporate Parent Mellon Holdings LLC, Corporate Parent MBC Investments Corporation for Eagle Investment Systems LLC. (McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 67 CORPORATE DISCLOSURE STATEMENT filed by Pershing LLC identifying Corporate Parent The Bank of New York Mellon Corporation, Corporate Parent Pershing Group LLC for Pershing LLC. (McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 66 CORPORATE DISCLOSURE STATEMENT filed by Bank of New York Mellon Corporation (McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 65 THE BANK OF NEW YORK MELLON CORPORATION, PERSHING LLC, AND EAGLE INVESTMENT SYSTEMS LLC'S ANSWER AND COUNTERCLAIMS TO DATATERN, INC.'S ORIGINAL COMPLAINT ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by Bank of New York Mellon Corporation, Pershing LLC, Eagle Investment Systems LLC.(McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 64 CORPORATE DISCLOSURE STATEMENT filed by FMR Corp., FMR LLC, Fidelity Brokerage Services LLC, National Financial Services LLC identifying Corporate Parent Fidelity Global Brokerage Group, Inc. for Fidelity Brokerage Services LLC, National Financial Services LLC. (McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 63 FIDELITY BROKERAGE SERVICES LLC, FMR LLC, FMR CORP., AND NATIONAL FINANCIAL SERVICES LLC'S ANSWER AND COUNTERCLAIMS TO DATATERN, INC.'S ORIGINAL COMPLAINT ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by National Financial Services LLC, Fidelity Brokerage Services LLC, FMR Corp., FMR LLC.(McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 62 CORPORATE DISCLOSURE STATEMENT filed by Sears Holdings Corporation, Sears, Roebuck, and Co. (Gray, Tonya) (Entered: 06/16/2010)
6/16/2010 61 Original ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by Sears, Roebuck, and Co., Sears Holdings Corporation.(Gray, Tonya) (Entered: 06/16/2010)
6/16/2010 60 CORPORATE DISCLOSURE STATEMENT filed by Goldman Sachs Group, Inc., Goldman, Sachs & Co. (McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 59 THE GOLDMAN SACHS GROUP, INC. AND GOLDMAN SACHS & CO.'S ANSWER AND COUNTERCLAIMS TO DATATERN, INC.'S ORIGINAL COMPLAINT ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by Goldman, Sachs & Co., Goldman Sachs Group, Inc..(McNabnay, Neil) (Entered: 06/16/2010)
6/16/2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for PNC Bancorp, Inc. to 6/30/2010; PNC Bank, National Association to 6/30/2010; PNC Holding, LLC to 6/30/2010; The PNC Financial Services Group, Inc. to 6/30/2010. 13 Days Granted for Deadline Extension.( ch, ) (Entered: 06/16/2010)
6/16/2010 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available here by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 06/16/2010)
6/15/2010 58 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association.( Gilstrap, James) (Entered: 06/15/2010)
6/15/2010 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Capital One Bank (USA), National Association to 6/23/2010; Capital One Financial Corporation to 6/23/2010; Capital One Services, Inc. to 6/23/2010; Capital One, National Association to 6/23/2010. 7 Days Granted for Deadline Extension.( ch, ) (Entered: 06/15/2010)
6/11/2010 57 CORPORATE DISCLOSURE STATEMENT filed by J.C. Penney Company, Inc., J.C. Penney Corporation, Inc. (Gray, Tonya) (Entered: 06/11/2010)
6/11/2010 56 Original ANSWER to 1 Complaint,,,, COUNTERCLAIM against Datatern, Inc. by J.C. Penney Company, Inc., J.C. Penney Corporation, Inc..(Gray, Tonya) (Entered: 06/11/2010)
6/11/2010 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available here by clicking on the hyperlink and is also on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 06/11/2010)
6/10/2010 55 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. PNC Holding, LLC served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/9/2010 44 APPLICATION to Appear Pro Hac Vice by Attorney Tiffany A Miller for Regions Financial Corporation. (APPROVED FEE PAID) 2-1-5406 (ch, ) (Entered: 06/10/2010)
6/9/2010 31 APPLICATION to Appear Pro Hac Vice by Attorney Paul Gennari for Regions Financial Corporation. (APPROVED FEE PAID) 2-1-5406 (ch, ) (Entered: 06/10/2010)
6/9/2010 30 APPLICATION to Appear Pro Hac Vice by Attorney John M Caracappa for Regions Financial Corporation. (APPROVED FEE APPROVED) 2-1-5406 (ch, ) (Entered: 06/10/2010)
6/8/2010 54 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. PNC Bank, National Association served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 53 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. PNC Bancorp, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 52 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. The PNC Financial Services Group, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 51 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. National Financial Services LLC served CMRR on 4/28/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 50 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. FMR Corp. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 49 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. FMR LLC served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 48 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Fidelity Brokerage Services LLC served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 47 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Goldman, Sachs & Co. served CMRR on 4/27/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 46 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Goldman Sachs Group, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 45 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Regions Financial Corporation served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 43 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Capital One Services, Inc. served CMRR on 4/23/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 42 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Capital One, National Association served CMRR on 4/27/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 41 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Capital One Bank (USA), National Association served CMRR on 4/23/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 40 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Capital One Financial Corporation served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 39 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Pershing LLC served CMRR on 4/29/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 38 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Eagle Investment Systems LLC served CMRR on 4/27/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 37 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Bank of New York Mellon Corporation served CMRR on 4/27/2010, answer due 5/18/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 36 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Sears, Roebuck, and Co. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 35 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. J.C. Penney Corporation, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 34 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. J.C. Penney Company, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 33 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Staples, Inc. served CMRR on 4/26/2010. (ch, ) (Entered: 06/10/2010)
6/8/2010 32 E-GOV SEALED SUMMONS Returned Executed by Datatern, Inc.. Sears Holdings Corporation served CMRR on 5/10/2010. (ch, ) (Entered: 06/10/2010)
5/20/2010 29 NOTICE of Attorney Appearance by Marc A Fenster on behalf of Datatern, Inc. (Fenster, Marc) (Entered: 05/20/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for FMR LLC to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed 30 Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for New York Mellon Corporation to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Pershing LLC to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for National Financial Services LLC to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Goldman, Sachs & Co. to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Goldman Sachs International to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Goldman Sachs Group, Inc. to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for FMR Corp. to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Fidelity Brokerage Services LLC to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/17/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Eagle Investment Systems LLC to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/17/2010)
5/14/2010 28 APPLICATION to Appear Pro Hac Vice by Attorney Justin T Arbes for Capital One Bank (USA), National Association,Justin T Arbes for Capital One Financial Corporation,Justin T Arbes for Capital One Services, Inc.,Justin T Arbes for Capital One, National Association.(RECEIPT 2-1-5361) (rml, ) (Entered: 05/17/2010)
5/14/2010 27 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re FMR LLC.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 26 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re New York Mellon Corporation.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 25 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Pershing LLC.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 24 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re National Financial Services LLC.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 23 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Goldman, Sachs & Co..( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 22 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Goldman Sachs International.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 21 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Goldman Sachs Group, Inc..( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 20 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re FMR Corp..( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 19 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Fidelity Brokerage Services LLC.( McNabnay, Neil) (Entered: 05/14/2010)
5/14/2010 18 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Eagle Investment Systems LLC.( McNabnay, Neil) (Entered: 05/14/2010)
5/11/2010 17 Defendants' Unopposed First Application for Extension of Time to Answer Complaint re PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC, The PNC Financial Services Group, Inc..( Rambo, Rick) (Entered: 05/11/2010)
5/11/2010 16 NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of Regions Financial Corporation (Capshaw, Sidney) (Entered: 05/11/2010)
5/11/2010 15 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sears, Roebuck, and Co..( Gray, Tonya) (Entered: 05/11/2010)
5/11/2010 14 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Regions Financial Corporation.( DeRieux, Elizabeth) (Entered: 05/11/2010)
5/11/2010 13 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sears Holdings Corporation.( Gray, Tonya) (Entered: 05/11/2010)
5/11/2010 12 NOTICE of Attorney Appearance by Brian M Buroker on behalf of Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association (Buroker, Brian) (Entered: 05/11/2010)
5/11/2010 11 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Regions Financial Corporation (DeRieux, Elizabeth) (Entered: 05/11/2010)
5/11/2010 10 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association.( Gilstrap, James) (Entered: 05/11/2010)
5/11/2010 9 NOTICE of Attorney Appearance by James Rodney Gilstrap on behalf of Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association (Gilstrap, James) (Entered: 05/11/2010)
5/11/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for PNC Bancorp, Inc. to 5/11/2010; PNC Bank, National Association to 5/11/2010; PNC Holding, LLC to 5/11/2010; The PNC Financial Services Group, Inc. to 5/11/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/11/2010)
5/11/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sears, Roebuck, and Co. to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/11/2010)
5/11/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Regions Financial Corporation to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/11/2010)
5/11/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Sears Holdings Corporation to 6/30/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/11/2010)
5/11/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Capital One Bank (USA), National Association to 6/16/2010; Capital One Financial Corporation to 6/16/2010; Capital One Services, Inc. to 6/16/2010; Capital One, National Association to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/11/2010)
5/10/2010 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Staples, Inc..( Gray, Tonya) (Entered: 05/10/2010)
5/10/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Staples, Inc. to 6/16/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/10/2010)
5/10/2010 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for J.C. Penney Company, Inc. to 6/11/2010; J.C. Penney Corporation, Inc. to 6/11/2010. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 05/10/2010)
5/7/2010 7 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re J.C. Penney Company, Inc., J.C. Penney Corporation, Inc..( Gray, Tonya) (Entered: 05/07/2010)
4/19/2010 6 E-GOV SEALED SUMMONS Issued as to J.C. Penney Company, Inc., J.C. Penney Corporation, Inc., National Financial Services LLC, PNC Bancorp, Inc., PNC Bank, PNC Holding, LLC, Pershing LLC, Regions Financial Corporation, Sears Holdings Corporation, Sears, Roebuck, and Co., Staples, Inc., The PNC Financial Services Group, Inc.. (Attachments: # 1 JC Penney, # 2 National Financial, # 3 Pershing, # 4 Bancorp, # 5 PNC Bank, # 6 PNC Holding, # 7 Regions Financial Corp, # 8 Sears Holding Corp, # 9 Sears, Roebuck & Co, # 10 Staples, # 11 PNC Financial Svc)(ehs, ) (Entered: 04/19/2010)
4/19/2010 5 E-GOV SEALED SUMMONS Issued as to Bank of New York Mellon Corporation. (Attachments: # 1 Capital One Bank (USA) NA, # 2 Capital One Financial Corporation, # 3 Capital One NA, # 4 Capital One Services Inc, # 5 Eagle Investments Systems LLC, # 6 Fidelity Brokerage Services LLC, # 7 FMR Corp, # 8 FMR LLC, # 9 Goldman Sachs & Co, # 10 Goldman Sachs Group Inc)(ch, ) (Entered: 04/19/2010)
4/19/2010 4 Magistrate Consent Form Mailed to Datatern, Inc. (ch, ) (Entered: 04/19/2010)
4/19/2010 3 ORDER REFERRING CASE to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 4/19/2010. (ch, ) (Entered: 04/19/2010)
4/19/2010 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Spangler, Andrew) (Entered: 04/19/2010)
4/19/2010 1 COMPLAINT for Patent Infringement against Capital One Bank (USA), National Association, Capital One Financial Corporation, Capital One Services, Inc., Capital One, National Association, Eagle Investment Systems LLC, FMR Corp., FMR LLC, Fidelity Brokerage Services LLC, Goldman Sachs Group, Inc., Goldman Sachs International, Goldman, Sachs & Co., J.C. Penney Company, Inc., J.C. Penney Corporation, Inc., National Financial Services LLC, New York Mellon Corporation, PNC Bancorp, Inc., PNC Bank, National Association, PNC Holding, LLC, Pershing LLC, Regions Financial Corporation, Sears Holdings Corporation, Sears, Roebuck, and Co., Staples, Inc., The PNC Financial Services Group, Inc. ( Filing fee $ 350 receipt number 0540-2446564.), filed by Datatern, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spangler, Andrew) (Additional attachment(s) added on 4/19/2010: # 3 Civil Cover Sheet) (ch, ). (Entered: 04/19/2010)
4/19/2010 Case assigned to Judge T. John Ward. (ch, ) (Entered: 04/19/2010)
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