McRO Inc v. Treyarch Corporation
Federal Civil Lawsuit California Central District Court, Case No. 2:12-cv-10342

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No Logo Mcro, Inc., Plaintiff

Toggle Switch Represented by Mishcon de Reya New York LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Eric P Berger +1 212 612 3270 +1 212 612 3297 Eric.Berger@mishcon.com
TERMINATED: 10/24/2014, PRO HAC VICE, ATTORNEY TO BE NOTICED James Joseph McGuire +1 212 612 3270 +1 212 612 3297 james.mcguire@mishcon.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Mark S Raskin +1 212 612 3270 +1 212 612 3297 Mark.Raskin@mishcon.com

Toggle Switch Represented by Russ August & Kabat

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marc Aaron Fenster +1 310 826 7474 +1 310 826 6991 mfenster@raklaw.com
ATTORNEY TO BE NOTICED Irene Y Lee +1 310 826 7474 +1 310 826 6991 ilee@raklaw.com
v.
No Logo Treyarch Corporation, Defendant

Toggle Switch Represented by Mitchell Silberberg & Knupp LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marc Ellis Mayer +1 310 312 2000 +1 310 312 3100 mem@msk.com

Toggle Switch Represented by Weil Gotshal & Manges LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Evan N. Budaj +1 650 802 3000 +1 650 802 3100 evan.budaj@weil.com
ATTORNEY TO BE NOTICED Justin Morteza Lee +1 650 802 3000 +1 650 802 3100 jlee@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sonal N. Mehta sonal.mehta@weil.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Edward Robert Reines +1 650 802 3022 +1 650 802 3100 edward.reines@weil.com
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Legal Document (Payment Possibly Required) 55 Filed: 8/26/2015, Entered: None Bill of Costs (CV-59) - Issued
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    Legal Document (Payment Possibly Required) 55 Filed: 8/13/2015, Entered: None
    BILL OF COSTS. Costs Taxed in amount of $ 293.85 in favor of Treyarch Corp and against McRo,Inc., dba Planet Blue. RE: 53 (mb) (Entered: 08/26/2015)
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      Legal Document (Payment Possibly Required) 54 Filed: 11/26/2014, Entered: None Objections - non-motion
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        Legal Document (Payment Possibly Required) 53 Filed: 11/14/2014, Entered: None Clerk to Tax Costs
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          Legal Document (Payment Possibly Required) 52 Filed: 11/5/2014, Entered: None Miscellaneous Document
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            Legal Document (Payment Possibly Required) 51 Filed: 11/4/2014, Entered: None Judgment
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              Legal Document (Payment Possibly Required) 51 Filed: 10/31/2014, Entered: None Court Filing
              FINAL JUDGMENT by Judge George H. Wu, Accordingly, it is ADJUDGED that Plaintiff and Counterclaim-Defendant McRo, Inc., d.b.a. Planet Blue ("Plaintiff') takes nothing from Defendants and Counterclaim-Plaintiffs (SEE ATTACHED FOR FURTHER DETAILS) All remaining pending motions are DENIED as moot. As Defendants are the prevailing parties in this action, Defendants' costs of court shall be taxed against Plaintiff. (pj) (Entered: 11/03/2014)
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                Legal Document (Payment Possibly Required) 50 Filed: 10/27/2014, Entered: None
                NOTIFICATION by Federal Circuit Court of Appellate Docket Number 15-1090, regarding Notice of Appeal to Federal Circuit Court of Appeals 46 as to Plaintiff McRO Inc. (car) (Entered: 10/29/2014)
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                  Legal Document (Payment Possibly Required) 49 Filed: 10/28/2014, Entered: None Objections - non-motion
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                    Legal Document (Payment Possibly Required) 48 Filed: 10/24/2014, Entered: None Judgment/Renewal of Judgment
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                      Legal Document (Payment Possibly Required) 47 Filed: 10/24/2014, Entered: None
                      Notice of Appearance or Withdrawal of Counsel: for attorney Mark S Raskin counsel for Plaintiff McRO Inc. James J McGuire is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff McRo, Inc.. (Raskin, Mark) (Entered: 10/24/2014)
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                        Legal Document (Payment Possibly Required) 46 Filed: 10/22/2014, Entered: None
                        NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff McRO Inc. Appeal of Judgment, 44 (Appeal fee of $505 receipt number 0973-14662573 paid.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Raskin, Mark) (Entered: 10/22/2014)
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                          Legal Document (Payment Possibly Required) 45 Filed: 9/24/2014, Entered: None Report of Determination of Patent/Trademark Action (CLOSE) (AO 120)
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                            Legal Document (Payment Possibly Required) 44 Filed: 9/24/2014, Entered: None Judgment
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                              Legal Document (Payment Possibly Required) 44 Filed: 9/22/2014, Entered: None Court Filing
                              RULING ON DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS BASED ON UNPATENTABILITY UNDER 35 U.S.C. SECTION 101 by Judge George H. Wu. For the foregoing reasons, the Court would GRANT the Motion, and hold 576 Patent claims 1, 7-9, and 13, and 278 Patent claims 1-4, 6, 9, 13, and 15-17 invalid Under 35 U.S.C. Section 101. (MD JS-6, Case Terminated). (pj) (Entered: 09/24/2014)
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                                Legal Document (Payment Possibly Required) 43 Filed: 4/1/2013, Entered: None Court Filing
                                MINUTES OF SCHEDULING CONFERENCE held before Judge George H. Wu. The Court consolidates the above-entitled action with McRO, Inc. v. Namco Banda Games America, Inc., CV 12-10322-GW(FFMx) for pretrial purposes. All subsequent documents will now be filed in CV 12-10322-GW(FFMx). The Scheduling Conference is continued to April 18, 2013 at 8:30 a.m. Joint Status Report will be filed by noon on April 15, 2013. Court Reporter: Anne Kielwasser. (lom) (Entered: 04/03/2013)
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                                  Legal Document (Payment Possibly Required) 42 Filed: 3/29/2013, Entered: None
                                  NOTICE Relating to April 1, 2013 Scheduling Conference filed by Defendant Treyarch Corporation. (Mehta, Sonal) (Entered: 03/29/2013)
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                                    Legal Document (Payment Possibly Required) 41 Filed: 3/29/2013, Entered: None
                                    NOTICE filed by Plaintiff McRO Inc. for Telephone Appearance re 4/1/13 Scheduling Conference (Lee, Irene) (Entered: 03/29/2013)
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                                      Legal Document (Payment Possibly Required) 40 Filed: 3/29/2013, Entered: None Court Filing
                                      TEXT ONLY NOTICE - A Scheduling Conference for related case, CV12-10331, is set for April 1, 2013, at 8:30 a.m. The schedule issued on said date shall also be the schedule for all related "McRO" cases. Parties may appear telephonically at the conference provided that notice is given to Judge Wu's Clerk. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kbr) TEXT ONLY ENTRY (Entered: 03/29/2013)
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                                        Legal Document (Payment Possibly Required) 39 Filed: 3/18/2013, Entered: None
                                        FIRST AMENDED COMPLAINT against Defendant Treyarch Corporation amending Complaint - (Discovery), 1 ,filed by Plaintiff McRO Inc (Attachments: # 1 21 day summons issued)(pj) (Entered: 03/20/2013)
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                                          Legal Document (Payment Possibly Required) 38 Filed: 3/6/2013, Entered: None Court Filing
                                          ORDER by Judge George H. Wu: granting 34 Application to Appear Pro Hac Vice by Attorney Eric P. Berger on behalf of Plaintiff, designating Irene Y. Lee as local counsel. (lt) (Entered: 03/08/2013)
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                                            Legal Document (Payment Possibly Required) 37 Filed: 3/6/2013, Entered: None Court Filing
                                            ORDER by Judge George H. Wu: granting 33 Application to Appear Pro Hac Vice by Attorney James J. McGuire on behalf of Plaintiff, designating Irene Y. Lee as local counsel. (lt) (Entered: 03/08/2013)
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                                              Legal Document (Payment Possibly Required) 36 Filed: 3/4/2013, Entered: None Court Filing
                                              MINUTES OF DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT (filed 02/05/13) Motion Hearing held before Judge George H. Wu: The Tentative circulated and attached hereto, is adopted as the Court's final ruling. Defendant's motion is GRANTED WITH LEAVE TO AMEND. Plaintiffs will have until March 18, 2013 to manually file the First Amended Complaint. Additionally, the clerk's Office Notice of Discrepancies regarding Plaintiff's First Amended Complaint, issued on February 28, 2013, is deemed MOOT.Court Reporter: Mary Rickey. (bp) (Entered: 03/05/2013)
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                                                Legal Document (Payment Possibly Required) 35 Filed: 3/1/2013, Entered: None
                                                NOTICE filed by Plaintiff McRO Inc. re First Amended Complaint for Patent Infringement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lee, Irene) (Entered: 03/01/2013)
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                                                  Legal Document (Payment Possibly Required) 34 Filed: 3/1/2013, Entered: None
                                                  APPLICATION for attorney Eric P. Berger to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11744195 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 03/01/2013)
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                                                    Legal Document (Payment Possibly Required) 33 Filed: 3/1/2013, Entered: None
                                                    APPLICATION for attorney James J. McGuire to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11743525 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 03/01/2013)
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                                                      Legal Document (Payment Possibly Required) 32 Filed: 2/15/2013, Entered: None
                                                      REPLY in Support of MOTION to Dismiss Case 21 filed by Defendant Treyarch Corporation. (Mehta, Sonal) (Entered: 02/15/2013)
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                                                        Legal Document (Payment Possibly Required) 31 Filed: 2/14/2013, Entered: None
                                                        NOTICE OF ERRATA filed by Plaintiff McRO Inc. correcting MEMORANDUM in Opposition to Motion 30 (Attachments: # 1 Exhibit Substitute Memorandum)(Raskin, Mark) (Entered: 02/14/2013)
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                                                          Legal Document (Payment Possibly Required) 30 Filed: 2/11/2013, Entered: None
                                                          MEMORANDUM in Opposition to MOTION to Dismiss Case 21 filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Raskin, Mark) (Entered: 02/11/2013)
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                                                            Legal Document (Payment Possibly Required) 29 Filed: 2/11/2013, Entered: None Court Filing
                                                            Order Granting Relief from Local Rule7-3 by Judge George H. Wu: Defendant Treyarch Corporations Motion for Relief from Local Rule 7-3 is hereby GRANTED 23 . (pj) (Entered: 02/11/2013)
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                                                              Legal Document (Payment Possibly Required) 28 Filed: 2/7/2013, Entered: None Court Filing
                                                              ORDER by Judge George H. Wu: Defendants are hereby GRANTED leave to file their Motion to Dismiss, Motion for Relief, and Supporting Documents on February 5, 2013. 25 (pj) (Entered: 02/08/2013)
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                                                                Legal Document (Payment Possibly Required) 27 Filed: 2/7/2013, Entered: None
                                                                NOTICE of Change of Lead Counsel filed by Defendant Treyarch Corporation, (Mehta, Sonal) (Entered: 02/07/2013)
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                                                                  Legal Document (Payment Possibly Required) 26 Filed: 2/5/2013, Entered: None
                                                                  DECLARATION of Evan N. Budaj re APPLICATION for Leave to File Motion to Dismiss, Motion for Relief, and Supporting Documents 25 filed by Defendant Treyarch Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Budaj, Evan) (Entered: 02/05/2013)
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                                                                    Legal Document (Payment Possibly Required) 25 Filed: 2/5/2013, Entered: None
                                                                    APPLICATION for Leave to File Motion to Dismiss, Motion for Relief, and Supporting Documents filed by Defendant Treyarch Corporation. (Attachments: # 1 Proposed Order)(Budaj, Evan) (Entered: 02/05/2013)
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                                                                      Legal Document (Payment Possibly Required) 24 Filed: 2/5/2013, Entered: None
                                                                      DECLARATION of Sonal N. Mehta in Support of MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 23 filed by Defendant Treyarch Corporation. (Attachments: # 1 Exhibit A)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                        Legal Document (Payment Possibly Required) 23 Filed: 2/5/2013, Entered: None Court Filing
                                                                        NOTICE OF MOTION AND MOTION for Relief from Local Rule 7-3 re MOTION to Dismiss Case 21 filed by Defendant Treyarch Corporation. Motion set for hearing on 3/4/2013 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                          Legal Document (Payment Possibly Required) 22 Filed: 2/5/2013, Entered: None
                                                                          DECLARATION of Sonal N. Mehta in Support of MOTION to Dismiss Case 21 filed by Defendant Treyarch Corporation. (Attachments: # 1 Exhibit A)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                            Legal Document (Payment Possibly Required) 21 Filed: 2/5/2013, Entered: None Court Filing
                                                                            NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Treyarch Corporation. Motion set for hearing on 3/4/2013 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Proposed Order)(Mehta, Sonal) (Entered: 02/05/2013)
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                                                                              Legal Document (Payment Possibly Required) 20 Filed: 2/4/2013, Entered: None
                                                                              CORPORATE DISCLOSURE STATEMENT filed by Defendant Treyarch Corporation identifying Activision Blizzard, Inc. as Corporate Parent. (Mehta, Sonal) (Entered: 02/04/2013)
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                                                                                Legal Document (Payment Possibly Required) 19 Filed: 2/4/2013, Entered: None
                                                                                NOTICE of Appearance filed by attorney Sonal Naresh Mehta on behalf of Defendant Treyarch Corporation (Mehta, Sonal) (Entered: 02/04/2013)
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                                                                                  Legal Document (Payment Possibly Required) 18 Filed: 2/4/2013, Entered: None
                                                                                  NOTICE of Appearance filed by attorney Evan N Budaj on behalf of Defendant Treyarch Corporation (Budaj, Evan) (Entered: 02/04/2013)
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                                                                                    Legal Document (Payment Possibly Required) 17 Filed: 2/4/2013, Entered: None
                                                                                    NOTICE of Appearance filed by attorney Justin Morteza Lee on behalf of Defendant Treyarch Corporation (Lee, Justin) (Entered: 02/04/2013)
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                                                                                      Legal Document (Payment Possibly Required) 16 Filed: 1/31/2013, Entered: None Court Filing
                                                                                      ORDER granting Stipulation to Extend Time to Answer (More than 30 days), Stipulation to Extend Time to Answer (More than 30 days) 14 , Defendant Treyarch Corporation answer due 2/4/2013 by Judge George H. Wu (pj) (Entered: 01/31/2013)
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                                                                                        Legal Document (Payment Possibly Required) 15 Filed: 1/28/2013, Entered: None Court Filing
                                                                                        ORDER by Judge George H. Wu: granting 13 Application to Appear Pro Hac Vice by Attorney Mark Raskin on behalf of plaintiff, designating Irene Lee as local counsel. (ak) (Entered: 01/30/2013)
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                                                                                          Legal Document (Payment Possibly Required) 14 Filed: 1/28/2013, Entered: None
                                                                                          STIPULATION for Extension of Time to File Answer to February 4, 2013 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Treyarch Corporation. (Attachments: # 1 Declaration of Sonal N. Mehta in Support of Stipulation, # 2 Proposed Order)(Mehta, Sonal) (Entered: 01/28/2013)
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                                                                                            Legal Document (Payment Possibly Required) 13 Filed: 1/25/2013, Entered: None
                                                                                            APPLICATION for attorney Mark S. Raskin to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-11571924 paid.) filed by Plaintiff McRO Inc. (Attachments: # 1 Proposed Order)(Lee, Irene) (Entered: 01/25/2013)
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                                                                                              Legal Document (Payment Possibly Required) 12 Filed: 1/7/2013, Entered: None Court Filing
                                                                                              Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (See Order for details.) (kti) (Entered: 01/07/2013)
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                                                                                                Legal Document (Payment Possibly Required) 11 Filed: 1/3/2013, Entered: None Court Filing
                                                                                                ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-10322 GW(FFMx). Case transferred from Magistrate Judge Jacqueline Chooljian and Judge R. Gary Klausner to Judge George H Wu and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 12-10342 GW(FFMx).Signed by Judge George H Wu (rn) (Entered: 01/07/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 10 Filed: 12/21/2012, Entered: None
                                                                                                  NOTICE of Related Case(s) filed by Plaintiff McRO Inc. Related Case(s): 15 (Lee, Irene) (Entered: 12/21/2012)
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                                                                                                    Legal Document (Payment Possibly Required) 9 Filed: 12/18/2012, Entered: None
                                                                                                    STIPULATION Extending Time to Answer the complaint as to Treyarch Corporation answer now due 1/28/2013, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendant Treyarch Corporation.(Mayer, Marc) (Entered: 12/18/2012)
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                                                                                                      Legal Document (Payment Possibly Required) 8 Filed: 12/12/2012, Entered: None Court Filing
                                                                                                      STANDING ORDER by Judge R. Gary Klausner. (rne) (Entered: 12/12/2012)
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                                                                                                        Legal Document (Payment Possibly Required) 7 Filed: 12/11/2012, Entered: None
                                                                                                        PROOF OF SERVICE Executed by Plaintiff McRO Inc, upon Defendant Treyarch Corporation served on 12/7/2012, answer due 12/28/2012. Service of the Summons and Complaint were executed upon Steve Cassidy, CSC Lawyers Incorporating Service Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Lee, Irene) (Entered: 12/11/2012)
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                                                                                                          Legal Document (Payment Possibly Required) 6 Filed: 12/7/2012, Entered: None
                                                                                                          NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Vincent Filardo, Jr. for Plaintiff McRO Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2012)
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                                                                                                            Legal Document (Payment Possibly Required) 5 Filed: 12/7/2012, Entered: None
                                                                                                            NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Mark S. Raskin for Plaintiff McRO Inc. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 12/07/2012)
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                                                                                                              Legal Document (Payment Possibly Required) 4 Filed: 12/4/2012, Entered: None
                                                                                                              REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by McRO Inc. (et) (Entered: 12/07/2012)
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                                                                                                                Legal Document (Payment Possibly Required) 3 Filed: 12/4/2012, Entered: None
                                                                                                                DISCLOSURE STATEMENT filed by Plaintiff McRO Inc. (et) (mg). (Entered: 12/07/2012)
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                                                                                                                  Legal Document (Payment Possibly Required) 2 Filed: 12/4/2012, Entered: None
                                                                                                                  CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff McRO Inc. (et) (mg). (Entered: 12/07/2012)
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                                                                                                                    Legal Document (Payment Possibly Required) 1 Filed: 12/4/2012, Entered: None Court Filing
                                                                                                                    COMPLAINT against Defendant Treyarch Corporation. Case assigned to Judge R. Gary Klausner for all further proceedings. Discovery referred to Magistrate Judge Jacqueline Chooljian. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff McRO Inc.(et) (mg). (Entered: 12/07/2012)
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