Babbage Holdings, LLC v. Nintendo of America, Inc.

Federal Civil Lawsuit California Northern District Court, Case No. 5:14-cv-04822
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Parties
No Logo Babbage Holdings, LLC, Plaintiff

Represented by Charhon, Callahan, Robson & Garza PLLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steven Callahan +1 214 521 6400 +1 214 764 8392 scallahan@ccrglaw.com
ATTORNEY TO BE NOTICED Steven Callahan +1 214 521 6400 +1 214 764 8392 scallahan@ccrglaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Anthony Matthew Garza +1 214 521 6400 +1 214 764 8392 agarza@ccrglaw.com
ATTORNEY TO BE NOTICED Ujaala Rashid +1 214 521 6400 +1 214 764 8392 urashid@ccrglaw.com

Represented by Christopher A. Wimmer

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher Wimmer +1 415 894 9284 cwimmer@emergentlegal.com

Represented by McKool Smith, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Martin C. Robson, III +1 214 521 6400 +1 214 764 8392 mrobson@ccrglaw.com
Nintendo of America, Inc. Nintendo of America, Inc., Counter-Claimant

Represented by Almasri & Marzwanian Law Firm PLLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Adam Unikowsky +1 202 639 6041 +1 202 661 4925 aunikowsky@jenner.com

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Reginald Juvann Hill +1 312 222 9350 rhill@jenner.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Clyde Moody Siebman +1 903 870 0070 +1 903 870 0066 siebman@siebman.com
v.
Nintendo of America, Inc. Nintendo of America, Inc., Defendant

Represented by Almasri & Marzwanian Law Firm PLLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Adam Unikowsky +1 202 639 6041 +1 202 661 4925 aunikowsky@jenner.com

Represented by Jenner & Block, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Reginald Juvann Hill +1 312 222 9350 rhill@jenner.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nick G Saros +1 213 239 5100 +1 213 239 5185 nsaros@jenner.com

Represented by Siebman, Burg, Phillips & Smith LLP

Name Phone Fax E-Mail
(Inactive), ATTORNEY TO BE NOTICED Clyde Moody Siebman +1 903 870 0070 +1 903 870 0066 siebman@siebman.com
No Logo Babbage Holdings, LLC, Counter-Defendant

Represented by Charhon, Callahan, Robson & Garza PLLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Steven Callahan +1 214 521 6400 +1 214 764 8392 scallahan@ccrglaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Anthony Matthew Garza +1 214 521 6400 +1 214 764 8392 agarza@ccrglaw.com

Represented by Christopher A. Wimmer

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher Wimmer +1 415 894 9284 cwimmer@emergentlegal.com

Represented by McKool Smith, PC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Martin C. Robson, III +1 214 521 6400 +1 214 764 8392 mrobson@ccrglaw.com
Attributes
Timeline
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Legal Document (Payment Possibly Required) 76 Filed: 4/10/2015, Entered: None Order on Stipulation
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Legal Document (Payment Possibly Required) 75 Filed: 4/10/2015, Entered: None Stipulation and Proposed Order
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Legal Document (Payment Possibly Required) 74 Filed: 3/2/2015, Entered: None Order on Stipulation
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Legal Document (Payment Possibly Required) 73 Filed: 2/26/2015, Entered: None Stipulation and Proposed Order
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Legal Document (Payment Possibly Required) 72 Filed: 2/24/2015, Entered: None Order
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Legal Document (Payment Possibly Required) 72 Filed: 2/19/2015, Entered: None Court Filing
CASE MANAGMENT ORDER re 71 Case Management Conference: Parties are to meet, confer and file a stipulated proposed schedule on briefing of motions and claims construction. Claims Construction Tutorial and Claims Construction Hearing set for 07/10/2015 has been reset to 10/23/2015 at 9:00 am. Signed by Judge Beth Labson Freeman on 02/19/2015. (tsh, COURT STAFF) (Filed on 2/19/2015) (Entered: 02/24/2015)
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Legal Document (Payment Possibly Required) 71 Filed: 2/19/2015, Entered: None
Minute Entry for proceedings held before Hon. Beth Labson Freeman: Initial Case Management Conference held on 2/19/2015.Parties are to meet, confer and file a stipulated proposed schedule on briefing of motions and claims construction.Claims Construction Tutorial and Claims Construction Hearing set for 07/10/2015 has been reset to 10/23/2015 at 9:00 am.FTR Time: 1:31 - 1:51. Plaintiff Attorney: Martin Robson, Christopher Wimmer. Defendant Attorney: Reginald Hill. This is a text only Minute Entry (tsh, COURT STAFF)(Date Filed: 2/19/2015) (Entered: 02/24/2015)
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Legal Document (Payment Possibly Required) 70 Filed: 2/23/2015, Entered: None ADR Clerk's Notice Appointing Mediator
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Legal Document (Payment Possibly Required) 69 Filed: 2/19/2015, Entered: None Protective Order
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Legal Document (Payment Possibly Required) 68 Filed: 2/19/2015, Entered: None Stay
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Legal Document (Payment Possibly Required) 67 Filed: 2/12/2015, Entered: None Judgment on the Pleadings
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Legal Document (Payment Possibly Required) 66 Filed: 2/12/2015, Entered: None ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
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Legal Document (Payment Possibly Required) 65 Filed: 2/12/2015, Entered: None Order on Stipulation selecting Mediation
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Legal Document (Payment Possibly Required) 64 Filed: 2/12/2015, Entered: None ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
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Legal Document (Payment Possibly Required) 63 Filed: 2/12/2015, Entered: None Joint Case Management Statement
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Legal Document (Payment Possibly Required) 62 Filed: 2/12/2015, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 61 Filed: 2/11/2015, Entered: None Stipulation and Proposed Order selecting Mediation
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Legal Document (Payment Possibly Required) 60 Filed: 2/11/2015, Entered: None Certificate of Interested Entities
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Legal Document (Payment Possibly Required) 59 Filed: 2/10/2015, Entered: None Order on Motion to Appear by Telephone
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Legal Document (Payment Possibly Required) 58 Filed: 2/10/2015, Entered: None Appear by Telephone
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Legal Document (Payment Possibly Required) 57 Filed: 2/10/2015, Entered: None Certificate of Interested Entities
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Legal Document (Payment Possibly Required) 56 Filed: 2/2/2015, Entered: None ADR Clerk's Notice
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Legal Document (Payment Possibly Required) 55 Filed: 1/13/2015, Entered: None Order on Motion for Pro Hac Vice
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Legal Document (Payment Possibly Required) 54 Filed: 1/13/2015, Entered: None Pro Hac Vice
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Legal Document (Payment Possibly Required) 53 Filed: 1/6/2015, Entered: None Order on Motion for Pro Hac Vice
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Legal Document (Payment Possibly Required) 52 Filed: 1/6/2015, Entered: None Pro Hac Vice
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Legal Document (Payment Possibly Required) 51 Filed: 12/3/2014, Entered: None Notice of Pendency of Other Action Involving Same Patent
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Legal Document (Payment Possibly Required) 50 Filed: 12/3/2014, Entered: None
CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 02/12/2015. Case Management Conference set for 02/19/2015 01:30 PM in Courtroom 3, 5th Floor, U.S. District Court 280 South First Street San Jose, CA 95113. ***THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY*** (tsh, COURT STAFF) (Filed on 12/3/2014) (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 12/3/2014, Entered: None Order on Motion for Pro Hac Vice
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Legal Document (Payment Possibly Required) 48 Filed: 12/2/2014, Entered: None
Order by Hon. Beth Labson Freeman terminating 7 Motion for Extension of Time to Answer. Order previously granted on October 21, 2013.(blflc3S, COURT STAFF) (Filed on 12/2/2014) (Entered: 12/02/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 12/1/2014, Entered: None Order Reassigning Case
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Legal Document (Payment Possibly Required) 46 Filed: 12/1/2014, Entered: None Court Filing
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/1/2014) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 12/1/2014, Entered: None Consent/Declination to Proceed Before a US Magistrate Judge
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Legal Document (Payment Possibly Required) 44 Filed: 11/26/2014, Entered: None Pro Hac Vice
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Legal Document (Payment Possibly Required) 43 Filed: 11/18/2014, Entered: None Initial Case Management Scheduling Order with ADR Deadlines
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Legal Document (Payment Possibly Required) 43 Filed: 10/30/2014, Entered: None Court Filing
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/21/2015. Case Management Conference set for 1/28/2015 10:00 AM at the US District Court, 280 S. First St., San Jose, CA 951113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 10/30/14. (srmS, COURT STAFF) (Filed on 10/30/2014) (Entered: 11/18/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 11/18/2014, Entered: None Order on Motion for Pro Hac Vice
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Legal Document (Payment Possibly Required) 41 Filed: 11/18/2014, Entered: None Order on Motion for Pro Hac Vice
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Legal Document (Payment Possibly Required) 40 Filed: 11/17/2014, Entered: None Pro Hac Vice
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Legal Document (Payment Possibly Required) 39 Filed: 11/17/2014, Entered: None Pro Hac Vice
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Legal Document (Payment Possibly Required) 38 Filed: 11/13/2014, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 37 Filed: 10/31/2014, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 36 Filed: 10/31/2014, Entered: None Case Transferred In - District Transfer
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Legal Document (Payment Possibly Required) 35 Filed: 9/29/2014, Entered: None Court Filing
ORDER granting 19 Motion to Change Venue. Signed by Judge Rodney Gilstrap on 09/29/2014. (nkl, ) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 5/23/2014, Entered: None
SUR-REPLY to Reply to Response to Motion re 19 MOTION to Change Venue / Motion to Transfer filed by Babbage Holdings, LLC. (Garza, Anthony) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 5/16/2014, Entered: None Court Filing
ORDER granting 26 Motion for Leave to File Excess Pages. Signed by Judge Rodney Gilstrap on 5/16/2014. (ch, ) (Entered: 05/16/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 5/16/2014, Entered: None Court Filing
ORDER granting 27 Motion for Leave to File Reply Brief Under Seal. Signed by Judge Rodney Gilstrap on 05/16/2014. (nkl, ) (Entered: 05/16/2014)
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Sealed Legal Document 31 Filed: 5/13/2014, Entered: None
SEALED REPLY to Response to Motion re 19 MOTION to Change Venue / Motion to Transfer filed by Nintendo of America, Inc.. (Hill, Reginald) (Entered: 05/13/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 5/13/2014, Entered: None Court Filing
ORDER granting 25 Motion for Leave to File Excess Pages. Signed by Judge Rodney Gilstrap on 05/13/2014. (nkl, ) (Entered: 05/13/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 5/13/2014, Entered: None Court Filing
ORDER granting 24 Motion to Seal Document 23 Sealed Response to Motion. Signed by Judge Rodney Gilstrap on 05/13/2014. (nkl, ) (Entered: 05/13/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 5/12/2014, Entered: None
DEFICIENT DOCUMENT - FILED IN ERROR SEALED REPLY to Response to Motion re 19 MOTION to Change Venue / Motion to Transfer filed by Nintendo of America, Inc.. (Hill, Reginald) Modified on 5/13/2014 (nkl, ). (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 5/12/2014, Entered: None
Unopposed MOTION for Leave to File Reply Brief Under Seal by Nintendo of America, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Reginald) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 5/12/2014, Entered: None
Unopposed MOTION for Leave to File Excess Pages by Nintendo of America, Inc.. (Attachments: # 1 Text of Proposed Order)(Hill, Reginald) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 5/1/2014, Entered: None
Unopposed MOTION for Leave to File Excess Pages by Babbage Holdings, LLC. (Attachments: # 1 Text of Proposed Order)(Rashid, Ujaala) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 5/1/2014, Entered: None
Unopposed MOTION to Seal Document 23 Sealed Response to Motion,,, by Babbage Holdings, LLC. (Attachments: # 1 Text of Proposed Order)(Rashid, Ujaala) (Entered: 05/01/2014)
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Sealed Legal Document 23 Filed: 5/1/2014, Entered: None
SEALED RESPONSE to Motion re 19 MOTION to Change Venue / Motion to Transfer filed by Babbage Holdings, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit)(Rashid, Ujaala) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 3/19/2014, Entered: None Court Filing
ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues (except venue) with the LEAD CASE, Cause No. 2:13-CV-749. All parties are instructed to file any future filings (except relating to venue) in the LEAD CASE. Signed by Judge Rodney Gilstrap on 3/19/2014. (ch, ) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 3/7/2014, Entered: None Court Filing
ORDER granting 20 Unopposed Motion for Extension of Time to Respond to Defendants Motions to Transfer Venue. Signed by Judge Rodney Gilstrap on 03/07/2014. (nkl, ) (Entered: 03/07/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 3/6/2014, Entered: None
First MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Change Venue / Motion to Transfer (Unopposed) by Babbage Holdings, LLC. (Attachments: # 1 Text of Proposed Order)(Rashid, Ujaala) (Entered: 03/06/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 2/19/2014, Entered: None
MOTION to Change Venue / Motion to Transfer by Nintendo of America, Inc.. (Attachments: # 1 Declaration of Adam G. Unikowsky, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Declaration of Vincent Ajay Singh, # 24 Proposed Order)(Hill, Reginald) (Entered: 02/19/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 1/13/2014, Entered: None
NOTICE by Babbage Holdings, LLC of Readiness for Scheduling Conference (Rashid, Ujaala) (Entered: 01/13/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 1/13/2014, Entered: None
ANSWER to 14 Answer to Complaint, Counterclaim by Babbage Holdings, LLC.(Rashid, Ujaala) (Entered: 01/13/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 12/30/2013, Entered: None
NOTICE of Attorney Appearance by Ujaala Rashid on behalf of Babbage Holdings, LLC (Rashid, Ujaala) (Entered: 12/30/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 12/20/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Nintendo of America, Inc. identifying Corporate Parent Nintendo Co., Ltd. for Nintendo of America, Inc.. (Hill, Reginald) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 12/20/2013, Entered: None
ANSWER to 1 Complaint , COUNTERCLAIM against Babbage Holdings, LLC by Nintendo of America, Inc..(Hill, Reginald) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 12/9/2013, Entered: None
NOTICE by Babbage Holdings, LLC of Withdrawal of Plaintiff's Request for Injunction (Garza, Anthony) (Entered: 12/09/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 12/6/2013, Entered: None
NOTICE of Attorney Appearance - Pro Hac Vice by Adam G Unikowsky on behalf of Nintendo of America, Inc.. Filing fee $ 100, receipt number 0540-4431942. (Unikowsky, Adam) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 12/5/2013, Entered: None
NOTICE of Attorney Appearance - Pro Hac Vice by Reginald J Hill on behalf of Nintendo of America, Inc.. Filing fee $ 100, receipt number 0540-4430841. (Hill, Reginald) (Additional attachment(s) added on 3/3/2014: # 1 Sealed Attachment) (pkb, ). (Entered: 12/05/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 12/2/2013, Entered: None Court Filing
ORDER granting 8 Motion for Extension of Time to Answer re 1 Complaint. Answer due 12/20/13. Signed by Judge Rodney Gilstrap on 12/2/13. (mrm, ) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 12/2/2013, Entered: None
NOTICE by Babbage Holdings, LLC of Related Cases (Garza, Anthony) (Entered: 12/02/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 11/27/2013, Entered: None
Unopposed MOTION for Extension of Time to File Answer Or Plead Or Otherwise Respond to Complaint by Nintendo of America, Inc.. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde) (Entered: 11/27/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 10/31/2013, Entered: None
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Nintendo of America, Inc..( Siebman, Clyde) (Entered: 10/31/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 10/9/2013, Entered: None
SUMMONS Issued as to Nintendo of America, Inc.. (ch, ) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 9/23/2013, Entered: None
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Callahan, Steven) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 9/23/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT filed by Babbage Holdings, LLC (Callahan, Steven) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 9/23/2013, Entered: None
NOTICE of Attorney Appearance by Steven Chase Callahan on behalf of Babbage Holdings, LLC (Callahan, Steven) (Entered: 09/23/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 9/23/2013, Entered: None
COMPLAINT against Nintendo of America, Inc. ( Filing fee $ 400 receipt number 0540-4327420.), filed by Babbage Holdings, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Garza, Anthony) (Entered: 09/23/2013)
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