Digitech Image Technologies, LLC v. Leica Camera AG et al

Federal Civil Lawsuit California Central District Court, Case No. 8:12-cv-01677-ODW-MRW
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Parties
No Logo Digitech Image Technologies LLC, Plaintiff

Represented by Suite 125

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John J Edmonds +1 713 364 5291 +1 832 415 2535 jedmonds@ip-lit.com
No Logo Leica Camera Ag, Counter-Claimant

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael H. Jacobs +1 202 624 2500 +1 202 628 5116 mjacobs@crowell.com
ATTORNEY TO BE NOTICED Daniel Allen Sasse +1 949 263 8400 +1 949 263 8414 dsasse@crowell.com
No Logo Leica Camera Inc, Counter-Claimant

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael H. Jacobs +1 202 624 2500 +1 202 628 5116 mjacobs@crowell.com
ATTORNEY TO BE NOTICED Daniel Allen Sasse +1 949 263 8400 +1 949 263 8414 dsasse@crowell.com
v.
No Logo Leica Camera Ag, Defendant

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael H. Jacobs +1 202 624 2500 +1 202 628 5116 mjacobs@crowell.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Daniel Allen Sasse +1 949 263 8400 +1 949 263 8414 dsasse@crowell.com
No Logo Leica Camera Inc, Defendant

Represented by Crowell & Moring LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Michael H. Jacobs +1 202 624 2500 +1 202 628 5116 mjacobs@crowell.com
ATTORNEY TO BE NOTICED Daniel Allen Sasse +1 949 263 8400 +1 949 263 8414 dsasse@crowell.com
No Logo Digitech Image Technologies LLC, Counter-Defendant

Represented by Suite 125

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED John J Edmonds +1 713 364 5291 +1 832 415 2535 jedmonds@ip-lit.com
ATTORNEY TO BE NOTICED John J Edmonds +1 713 364 5291 +1 832 415 2535 jedmonds@ip-lit.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (46) Tab Overlap Calendar Events Tab Overlap Related (1) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 8/18/2014, Entered: None
MANDATE of 9th CCA filed re: Notice of Appeal to Federal Circuit Court of Appeals 42 CCA # 13-1605. The decision of the District Court is affirmed. Mandate received in this district on 8/18/14. Mandate received in this district on 8/18/14. (mat) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 9/16/2013, Entered: None
TRANSCRIPT ORDER as to Plaintiff Digitech Image Technologies, LLC Court Reporter. Court will contact John J. Edmonds at jedmonds@cepiplaw.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Edmonds, John) (Entered: 09/16/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 9/4/2013, Entered: None
NOTIFICATION by Circuit Court of Appellate Docket Number 13-1605, Federal Circuit Court regarding Notice of Appeal to Federal Circuit Court of Appeals, 42 as to Plaintiff Digitech Image Technologies, LLC. (car) (Entered: 09/04/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 8/28/2013, Entered: None
NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Digitech Image Technologies, LLC. Appeal of Judgment,, 40 (Appeal fee of $455 receipt number 0973-12615696 paid.) (Attachments: # 1 Exhibit Exhibit 1 - Order Granting Summary Judgment, # 2 Exhibit Exhibit 2 - Joint Status Report, # 3 Exhibit Exhibit 3 - Scheduling Conference Minutes)(Edmonds, John) (Entered: 08/28/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 8/6/2013, Entered: None
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 judgment) (lc) (Entered: 08/07/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 8/6/2013, Entered: None Court Filing
JUDGMENT by Judge Otis D. Wright, II :In light of the Courts Order Granting Motion for Summary Judgment (Digitech Image Techs., LLC v. Elecs. for Imaging, Inc., No. 8:12-cv-1324-ODW(MRWx) (C.D. Cal. July 31, 2013) (ECF No. 88)) and the parties representations in their August 5, 2013 Joint Status Report (Id. (ECF No. 90)), IT IS HEREBY ORDERED: 1. Plaintiff Digitech Image Technologies, LLC shall take nothing; 2. Judgment for each of the Defendants in this and the related cases. (MD JS-6, Case Terminated). (lc) (Entered: 08/07/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 4/1/2013, Entered: None Court Filing
MINUTES OF Scheduling Conference held before Judge Otis D. Wright, II. The Digitech Cases are, until further order, coordinated for case-management purposes under Federal Rule of Civil Procedure 42. The parties are hereby ORDERED to file a joint brief addressing their respective positions to the protective order and electronically-stored information orders to be issued in this case. The joint brief shall not exceed 20 pages in length (excluding exhibits) and shall be filed no later than April 15, 2013. In addition, the stipulated protective order filed in the Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No.8:12-cv-01324, ECF No.35(C.D.Cal filed Jan. 1, 2013), is hereby VACATED. That order will be replaced with a forthcoming protective order applicable in all of these cases. The low-number case, Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No8:12-cv-01324-ODW-MRW (C.D.Cal filed Aug. 16, 2012), will serve as the master case file. All orders, pleadings, motions, and other documents will, when filed and docketed in the master case file, be deemed filed and docketed in each individual related case to the extent applicable. Parties shall enter their appearances in the individual cases, and the Clerk is directed to add all parties and attorneys from the individual cases to the master case file such that all counsel appearing in the individual cases will receive notifications for the master case file as well consolidated cases. The Cases Against the Retailer Defendants are hereby Stayed. The Court hereby GRANTS the following retailer Defendants' motions to stay, Digitech Image Tech LLC v. Buy.com, No.8:12-cv-01668, ECF.No.13, Digitech Image Tech.LLC v. BestBuyCo., No.8:12-cv-1669, ECF No.19, Digitech Image Tech. LLC v. B&HFoto & Elec.Corp., No.8:12-cv-1671, ECFNo.18, Digitech Image Tech LLC v. Target Corp., No.8:12-cv-1683, ECF No.16, Digitech Image Tech. LLC v. Micro Elec.Inc., No. 8:12-cv-1686, ECF No.16, Digitech Image Tech. LLC v. Overstock.com, No.8:12-cv-1687, ECF No.16, Digitech Image Tech.LLC v. Newegg Inc., No.8:12-cv-1688, ECF No.23, Digitech Image Tech. LLC v. CDW LLC, No.8:12-cv-1695, ECF No.22. In addition, the retailer Defendants listed above are hereby ORDERED to communicate with Christopher Broderick as soon as practicable, but in no event later than April 5, 2013, to inform him whether each retailer will agree to be bound to this Court's Markman and invalidity rulings once the stay has been lifted in exchange for a stay of this entire litigation pending final resolution of every manufacturer action. Mr. Broderick shall then email the Court's courtroom deputy clerk, Sheila English Defendants. Defendant Sakar's Motion to Transfer Venue in Digitech Image Technologies LLC v. Sakar International Inc., No.8:12-cv-1673, ECF No. 13 (C.D.Cal. filed December 3, 2012) is hereby DENIED without prejudice. Defendants Sakar and Leica Camera Inc. may renew their motions to transfer after the Court issues a Markman order in this matter. Counter-Defendant Acacia Research Corporation's Motion to Dismi9ss filed in Digitech Image Tech, LLC v. Newegg Inc., No.8:12-cv-1688, ECF No. 30, is hereby taken under submission. An order will issue. In addition, the Apri9l 8, 2013 hearing on Defendant Leaf Imaging Ltd.'s Motion to Dismiss filed in Digitech Image LLC v. Mamiya Digital Imagings Co., No. 8:12-cv-1688, ECF No.26, is hereby VACATED and no appearances are necessary. The Motion is taken under submission: an order will issue. Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have not yet filed appearances in the cases (and who therefore have not received a copy through the CM/ECF system). Court Reporter: Katie Thibodeaux. (bp) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 3/18/2013, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Digitech Image Technologies, LLC.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Edmonds, John) (Entered: 03/18/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 3/11/2013, Entered: None
Plaintiff Digitech Image Technologies, LLC ANSWER the Counterclaims of Defendant Leica Camera AG filed by plaintiff Digitech Image Technologies, LLC.(Edmonds, John) (Entered: 03/11/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 2/21/2013, Entered: None
CERTIFICATE of Interested Parties filed by defendant Leica Camera AG, (lc) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 2/21/2013, Entered: None
PROOF OF SERVICE Executed by Defendant Leica Camera AG, upon Plaintiff Digitech Image Technologies, LLC served on 2/21/2013, answer due 3/14/2013. Service of the answer and Counterclaim were executed upon John J Edmonds, attorney in compliance with statute not specified by mail service. (lc) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 2/21/2013, Entered: None
ANSWER to Complaint - (Discovery), 1 , COUNTERCLAIM against Digitech Image Technologies, LLC filed by defendant Leica Camera AG.(lc) (Entered: 02/22/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 2/21/2013, Entered: None
NOTICE of Appearance filed by attorney Daniel A Sasse on behalf of Defendant Leica Camera AG (Sasse, Daniel) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 2/21/2013, Entered: None
CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. Civ. P. 7.1 filed by Defendant Leica Camera AG identifying Lisa Germany Holding GmbH as Corporate Parent. (Sasse, Daniel) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 12/27/2012, Entered: None Court Filing
ORDER by Judge Otis D Wright, II: The scheduling conference in this matter, currently for January 14, 2013, is hereby CONTINUED to April 1, 2013, at 1:30 p.m. The parties joint Rule 26(f) conference is therefore due no later than March 18, 2013. (lc). Modified on 12/28/2012 (lc). (Entered: 12/28/2012)
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Blank 30 Filed: 12/5/2012, Entered: None Court Filing
ORDER DENYING DEFENDANT LEICA CAMERA INC.S MOTION TO TRANSFER VENUE 14 AND EX PARTE APPLICATION TO EXTEND THE DATE OF ITS REPLY 29 by Judge Otis D Wright, II (lc). Modified on 12/5/2012 (lc). (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 12/5/2012, Entered: None
Second EXPARTE APPLICATION for Extension of Time to File Reply to Defendants Motion to Transfer Venue filed by Defendant Leica Camera Inc. (Attachments: # 1 Declaration of Daniel A. Sasse In Support of Defendants Second Unopposed Ex Parte Application to Extend the Date of Its Reply to Defendants Motion to Transfer Venue, # 2 Proposed Order on Defendants Second Unopposed Ex Parte Application to Extend the Date of Its Reply to Defendants Motion to Transfer Venue)(Sasse, Daniel) (Entered: 12/05/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 12/3/2012, Entered: None Court Filing
ORDER by Judge Otis D Wright, II: granting 26 Unopposed Ex ParteApplication to Extend The Date of Its Reply to Defendants Motion to TransferVenue is granted. Defendant is hereby ordered to file its reply by December 5,2012. The hearing date on Defendants Motion remains vacated. (lc) (Entered: 12/04/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 12/3/2012, Entered: None Court Filing
MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Hearing on MOTION to ChangeVenue to District of New Jersey 14 , scheduled for December 12, 2012 at 1:30 p.m., is hereby VACATED and taken off calendar. No appearances are necessary.The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) (Entered: 12/03/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 11/30/2012, Entered: None
EXPARTE APPLICATION for Extension of Time to File Reply to Defendants Motion to Transfer Venue filed by Defendant Leica Camera Inc. (Attachments: # 1 Declaration of Daniel A. Sasse In Support of Defendants Unopposed Ex Parte Application to Extend the Date of Its Reply to Defendants Motion to Transfer Venue, # 2 Proposed Order on Defendants Unopposed Ex Parte Application to Extend the Date of Its Reply to Defendants Motion to Transfer Venue)(Sasse, Daniel) (Entered: 11/30/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 11/27/2012, Entered: None Court Filing
ORDER by Judge Otis D Wright, II: granting 23 Application to Appear Pro Hac Vice by Attorney Michael H. Jacobs on behalf of Defendant Leica Camera, Inc., designating Daniel A. Sase as local counsel. (lt) (Entered: 11/27/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 11/26/2012, Entered: None
NOTICE of Manual Filing filed by Plaintiff Digitech Image Technologies, LLC of Application to File Under Seal and Proposed Order. (Edmonds, John) (Entered: 11/26/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 11/20/2012, Entered: None
APPLICATION for attorney Michael H. Jacobs to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendant Leica Camera Inc. Lodged Application of Non Resident Attorney to Appear in a Specific Case. (lt) (Entered: 11/26/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 11/26/2012, Entered: None
NOTICE of Manual Filing filed by Plaintiff Digitech Image Technologies, LLC of Plaintiff's Opposition to Leica Camera Inc.s Motion to Transfer Venue to the District of New Jersey. (Edmonds, John) (Entered: 11/26/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 11/15/2012, Entered: None Court Filing
ORDER by Judge Otis D Wright, II, re Stipulation 19 , time for Digitech Image Technologies LLC to respond to defendant Leica Camera Inc motion to transfer venue is extended to 11/26/12 14 . (lc) (Entered: 11/19/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 11/16/2012, Entered: None
Plaintiff Digitech Image Technologies, LLC ANSWER to Defendant Leica Camera Inc Counterclaims filed by plaintiff Digitech Image Technologies, LLC.(Edmonds, John) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 11/15/2012, Entered: None
Joint STIPULATION for Extension of Time to File Response filed by Plaintiff Digitech Image Technologies, LLC. (Attachments: # 1 Proposed Order Order)(Edmonds, John) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 10/30/2012, Entered: None Court Filing
ORDER setting Scheduling Conference for 1/14/13 1:30 PM; compliance with FRCP 26(f) and filing of report and other instructions. Counsel for plaintiff shall immediately serve this Order on all parties,including any new parties to the action by Judge Otis D Wright II. (lc) (Entered: 10/30/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 10/26/2012, Entered: None
PROOF OF SERVICE Executed by Defendant Leica Camera Inc, upon plaintiff and counterclaimant Digitech Image Technologies, LLC served on 10/26/2012, answer due 11/16/2012. Service of answer and Counterclaim were executed upon John J Edmonds, attorney in compliance with statute not specified by mail service. (lc) (lc). (Entered: 10/29/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 10/26/2012, Entered: None
CERTIFICATE of Interested Parties filed by defendant Leica Camera Inc, (lc) (lc). (Entered: 10/29/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 10/26/2012, Entered: None
ANSWER to Complaint - (Discovery) 1 with JURY DEMAND, COUNTERCLAIM against Digitech Image Technologies, LLC filed by defendant Leica Camera Inc.(lc) (lc). Modified on 10/29/2012 (lc). (Entered: 10/29/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 10/26/2012, Entered: None Court Filing
NOTICE OF MOTION AND MOTION to Change Venue to District of New Jersey filed by Defendant Leica Camera Inc. Motion set for hearing on 12/10/2012 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Memorandum of Points and Authorities In Support, # 2 Declaration of Raymond Tomaselli In Support, # 3 Declaration of Jasmine Velazquez In Support, # 4 Exhibit A to Dec. of Jasmine Velazquez, # 5 Exhibit B to Dec. of Jasmine Velazquez, # 6 Exhibit C to Dec. of Jasmine Velazquez, # 7 Exhibit D to Dec. of Jasmine Velazquez, # 8 Proposed Order Granting Defendant Leica Camera Inc.s Motion to Transfer Venue)(Sasse, Daniel) (Entered: 10/26/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 10/26/2012, Entered: None
CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1 filed by Defendant Leica Camera Inc identifying Leica Camera AG as Corporate Parent. (Sasse, Daniel) (Entered: 10/26/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 10/19/2012, Entered: None Court Filing
ORDER by Judge Otis D Wright, II: granting 11 Ex Parte Application for Order that APS International, Ltd., including its designated agents, is appointed and authorized to effect service of process on the defendant, Leica Camera AG, in Germany. Service shall be effected accordance with the Hague Convention and international law. (lc) (Entered: 10/19/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 10/18/2012, Entered: None
EX PARTE APPLICATION for Order TO APPOINT SPECIAL PROCESS SERVER filed by Plaintiff Digitech Image Technologies, LLC. (Attachments: # 1 Memorandum Memo, # 2 Declaration Declaration, # 3 Exhibit A, # 4 Proposed Order Order)(Edmonds, John) (Entered: 10/18/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 10/17/2012, Entered: None Court Filing
STANDING ORDER REGARDING PATENT CASES by Judge Otis D Wright, II: See order for complete details. (jre) (Entered: 10/17/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 10/17/2012, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been reassigned to the Honorable Otis D. Wright II, United States District Judge. The magistrate judge's assignment has been changed to the Honorable Michael R. Wilner. Please substitute the initials ODW(MRWx) in place of the initials AG(RNBx). The case number will now read: SA CV 12-01677- ODW(MRWx). Henceforth, it is imperative that the initials ODW(MRWx) be used on all documents to prevent delays in the processing of documents. SEE ORDER FOR FURTHER DETAILS. (jre) (Entered: 10/17/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 10/12/2012, Entered: None Court Filing
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV12-01153 ODW (MRWx). Case transferred from Magistrate Judge Robert N. Block and Judge Andrew J. Guilford to Judge Otis D Wright, II and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV12-01677 AG (RNBx). Signed by Judge Otis D Wright, II. (dro) (Entered: 10/16/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 10/9/2012, Entered: None
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Digitech Image Technologies, LLC. (Edmonds, John) (Entered: 10/09/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 10/8/2012, Entered: None
NOTICE of Related Case(s) filed by Plaintiff Digitech Image Technologies, LLC. Plaintiff Digitech Image Technologies, LLC's Amended Notice of Related Cases Per Local Rule 83-1.3 (Edmonds, John) (Entered: 10/08/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 10/2/2012, Entered: None
NOTICE of Related Case(s) filed by Plaintiff Digitech Image Technologies, LLC. (Edmonds, John) (Entered: 10/02/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 10/1/2012, Entered: None
NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (nca) (Entered: 10/02/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 10/1/2012, Entered: None
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(nca) (Entered: 10/02/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 10/1/2012, Entered: None
CERTIFICATION and Notice of Interested Parties filed by Plaintiff Digitech Image Technologies, LLC. (nca) (nca). (Entered: 10/02/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 10/1/2012, Entered: None Court Filing
COMPLAINT against Defendants Leica Camera AG, Leica Camera Inc. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Robert N Block. (Filing fee $350 Paid) Jury Demanded., filed by plaintiff Digitech Image Technologies, LLC.(nca) (nca). (Entered: 10/02/2012)
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Blank 30 Filed: 12/6/2012, Entered: None Court Filing
ORDER DENYING DEFENDANT LEICA CAMERA INC.S MOTION TO TRANSFER VENUE 14 AND EX PARTE APPLICATION TO EXTEND THE DATE OF ITS REPLY 29 by Judge Otis D Wright, II (lc). Modified on 12/5/2012 (lc).
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