Execware LLC v. Costco Wholesale Corporation
Federal Civil Lawsuit Delaware District Court, Case No. 1:12-cv-00380
District Judge Leonard P. Stark, presiding

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No Logo Execware, LLC, Plaintiff

Represented by Bayard, PA

Toggle Switch Represented by Latham & Watkins LLP

Name Phone Fax E-Mail
TERMINATED: 08/01/2012, PRO HAC VICE, ATTORNEY TO BE NOTICED Bruce D Kuyper +1 213 891 8001 +1 213 891 8763 bruce.kuyper@lw.com

Represented by Russ August & Kabat

Costco Wholesale Corporation Costco Wholesale Corporation, Counter-Claimant
v.
Costco Wholesale Corporation Costco Wholesale Corporation, Defendant

Toggle Switch Represented by Fulbright & Jaworski, LLP

Name Phone Fax E-Mail
TERMINATED: 10/10/2012, PRO HAC VICE, ATTORNEY TO BE NOTICED Dan Duncan Davison +1 214 855 8000 +1 214 855 8200 dan.davison@nortonrosefulbright.com

Toggle Switch Represented by Morris, Nichols, Arsht & Tunnell LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Julia Heaney +1 302 658 9200 jhefiling@mnat.com

Represented by Potter Anderson & Corroon LLP

No Logo Execware, LLC, Counter-Defendant
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
  Entries (43) Tab Overlap Calendar Events Tab Overlap Related (1) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 43 Filed: 5/21/2013, Entered: None
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,216,139. (ntl) (Entered: 05/21/2013)
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    Legal Document (Payment Possibly Required) 42 Filed: 5/10/2013, Entered: None
    STIPULATION of Dismissal with Prejudice by Costco Wholesale Corporation, Execware LLC. (Heaney, Julia) (Entered: 05/10/2013)
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      Legal Document (Payment Possibly Required) 41 Filed: 2/20/2013, Entered: None
      NOTICE OF SERVICE of Defendant Costco Wholesale Corporation's Core Technical Documents pursuant to Paragraph 4(b) of the District of Delaware's Default Standard for Discovery by Costco Wholesale Corporation.(Heaney, Julia) (Entered: 02/20/2013)
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        Legal Document (Payment Possibly Required) 40 Filed: 1/29/2013, Entered: None
        NOTICE OF SERVICE of Subpoena by Execware LLC. (Attachments: # 1 Exhibit A)(Tiradentes, Vanessa) (Entered: 01/29/2013)
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          Legal Document (Payment Possibly Required) 39 Filed: 1/24/2013, Entered: None
          Joint PROPOSED ORDER Protective Order by Execware LLC, Kmart Corporation, Kmart.com LLC, Sears Brands LLC, Sears, Roebuck and Co., CVS Caremark Corporation, CVS Pharmacy Inc., Overstock.com Inc., Costco Wholesale Corporation, Wal-Mart Stores Inc., Wal-Mart.com USA LLC, Dillard's Inc., Home Depot Inc., Home Depot USA Inc., Homer TLC Inc., Staples Inc., Hyatt Corporation, Hyatt Hotels Corporation, Target Brands Inc., Target Corporation, Williams-Sonoma Inc.. (Tiradentes, Vanessa) (Entered: 01/24/2013)
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            Legal Document (Payment Possibly Required) 38 Filed: 1/17/2013, Entered: None Court Filing
            ORAL ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. § 636(b) and any further Order of the Court; all subsequent filings in this action shall include the initials LPS-SRF after the case number. ORDERED by Judge Leonard P. Stark on 1/17/13. Associated Cases: 1:12-cv-00380-LPS et al. (ntl) (Entered: 01/17/2013)
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              Legal Document (Payment Possibly Required) 37 Filed: 1/9/2013, Entered: None
              STIPULATION TO EXTEND TIME to Submit proposed Protective Order to January 24, 2013 - filed by Execware LLC, Kmart Corporation, Kmart.com LLC, Sears Brands LLC, Sears, Roebuck and Co., CVS Caremark Corporation, CVS Pharmacy Inc., Overstock.com Inc., Costco Wholesale Corporation, Wal-Mart Stores Inc., Wal-Mart.com USA LLC, Dillard's Inc., Home Depot Inc., Home Depot USA Inc., Homer TLC Inc., Staples Inc., Hyatt Corporation, Hyatt Hotels Corporation, Target Brands Inc., Target Corporation, Williams-Sonoma Inc.. (Heaney, Julia) (Entered: 01/09/2013)
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                Legal Document (Payment Possibly Required) 36 Filed: 1/4/2013, Entered: None
                NOTICE OF SERVICE of Defendant Costco Wholesale Corporation's Initial Disclosures by Costco Wholesale Corporation.(Heaney, Julia) (Entered: 01/04/2013)
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                  Legal Document (Payment Possibly Required) 35 Filed: 12/26/2012, Entered: None
                  STIPULATION TO EXTEND TIME for the Defendants to serve their Initial Disclosures to January 4, 2013 - filed by Hyatt Corporation, Hyatt Hotels Corporation, CVS Caremark Corporation, CVS Pharmacy Inc., Target Brands Inc., Target Corporation, Costco Wholesale Corporation, Williams-Sonoma Inc., Dillard's Inc., Home Depot Inc., Home Depot USA Inc., Homer TLC Inc.. (Heaney, Julia) (Entered: 12/26/2012)
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                    Legal Document (Payment Possibly Required) 34 Filed: 12/21/2012, Entered: None
                    NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLCS INITIAL DISCLOSURES; (2) EXECWARE, LLCS DISCLOSURES PURSUANT TO SECTION 4(a) OF THE DELAWARE DEFAULT STANDARD FOR DISCOVERY OF ELECTRONICALLY STORED INFORMATION; and (3) this NOTICE OF SERVICE by Execware LLC.(Brauerman, Stephen) (Entered: 12/21/2012)
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                      Legal Document (Payment Possibly Required) 33 Filed: 12/20/2012, Entered: None
                      STIPULATION TO EXTEND TIME for parties to submit a proposed Protective Order to January 10, 2013 - filed by Execware LLC. (Brauerman, Stephen) (Entered: 12/20/2012)
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                        Legal Document (Payment Possibly Required) 32 Filed: 12/6/2012, Entered: None Court Filing
                        ORDER Counsel shall provide an email to Judge Thynge on or before 12/13/12 as discussed during the 12/6/12 teleconference. See Order for details. Signed by Judge Mary Pat Thynge on 12/6/2012. (cak) (Entered: 12/06/2012)
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                          Legal Document (Payment Possibly Required) 31 Filed: 11/30/2012, Entered: None
                          NOTICE OF SERVICE of (1) Defendant Costco Wholesale Corporation's Responses to Plaintiff Execware, LLC's First Set of Requests For Production, and (2) Defendant Costco Wholesale Corporation's Responses to Plaintiff Execware, LLC's First Set of Interrogatories by Costco Wholesale Corporation.(Ying, Jennifer) (Entered: 11/30/2012)
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                            Legal Document (Payment Possibly Required) 30 Filed: 11/26/2012, Entered: None Court Filing
                            ORDER Setting Teleconference: Counsel for Execware to initiate the call. A Telephone Conference is set for 12/6/2012 at 10:30 AM before Judge Mary Pat Thynge to discuss ADR. See Order for details. Signed by Judge Mary Pat Thynge on 11/26/2012. (cak) (Entered: 11/26/2012)
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                              Legal Document (Payment Possibly Required) 29 Filed: 11/21/2012, Entered: None Court Filing
                              SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 5/21/2013. Amended Pleadings due by 5/21/2013. Discovery due by 1/15/2014. Status Report due by 9/11/2014. Dispositive Motions due by 8/28/2014. Claim Construction Opening Brief due by 7/31/2013. Claim Construction Answering Brief due by 9/4/2013. A Markman Hearing is set for 10/3/2013 at 10:00 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Leonard P. Stark on 11/21/2012. Associated Cases: 1:11-cv-00836-LPS-SRF et al.(rpg) (Entered: 11/21/2012)
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                                Legal Document (Payment Possibly Required) 28 Filed: 11/16/2012, Entered: None
                                PROPOSED ORDER /Final Scheduling Order by Execware LLC. (Kirk, Richard) (Entered: 11/16/2012)
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                                  Legal Document (Payment Possibly Required) 27 Filed: 11/7/2012, Entered: None Court Filing
                                  ORAL ORDER: IT IS HEREBY ORDERED that a Rule 16 scheduling teleconference has been scheduled for November 14, 2012 at 9:45 a.m. Plaintiff's counsel shall initiate the teleconference call to 302-573-4571. No further submissions are needed. ORDERED by Judge Leonard P. Stark on 11/7/12. Associated Cases: 1:11-cv-00836-LPS-SRF et al.(ntl) (Entered: 11/07/2012)
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                                    Legal Document (Payment Possibly Required) 26 Filed: 11/2/2012, Entered: None
                                    PROPOSED ORDER /[Proposesd] Scheduling Order by Execware LLC. (Brauerman, Stephen) (Entered: 11/02/2012)
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                                      Legal Document (Payment Possibly Required) 25 Filed: 10/25/2012, Entered: None
                                      NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLC'S FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANT COSTCO WHOLESALE CORPORATION; (2) PLAINTIFF EXECWARE, LLC'S FIRST SET OF INTERROGATORIES TO DEFENDANT COSTCO WHOLESALE CORPORATION; and (3) this NOTICE OF SERVICE by Execware LLC.(Brauerman, Stephen) (Entered: 10/25/2012)
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                                        Legal Document (Payment Possibly Required) 24 Filed: 10/24/2012, Entered: None
                                        Joint STIPULATION TO EXTEND TIME to Submit Rule 16 Scheduling Order to October 31, 2012 - filed by Execware LLC, Kmart Corporation, Kmart.com LLC, Sears Brands LLC, Sears, Roebuck and Co., CVS Caremark Corporation, CVS Pharmacy Inc., Overstock.com Inc., Costco Wholesale Corporation, Wal-Mart Stores Inc., Wal-Mart.com USA LLC, Dillard's Inc., Home Depot Inc., Home Depot USA Inc., Homer TLC Inc., Amazon.com Inc., CDW Corporation, Staples Inc., Hyatt Corporation, Hyatt Hotels Corporation, Target Brands Inc., Target Corporation, Williams-Sonoma Inc.. (Brauerman, Stephen) (Entered: 10/24/2012)
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                                          Legal Document (Payment Possibly Required) 23 Filed: 10/10/2012, Entered: None Court Filing
                                          ORAL ORDER: Having reviewed the parties' letters regarding scheduling (see, e.g., C.A. No. 11-836-LPS-SRF D.I. 111, 112, 113), IT IS HEREBY ORDERED that the Scheduling Order previously entered in C.A. No. 11-836-LPS-SRF is VACATED and all deadlines in it are CANCELLED. "Good cause" to modify the current schedule is established by Plaintiff's subsequent filing of multiple related cases alleging infringement of the same patent-in-suit. To the extent there is any prejudice to Plaintiff, it is substantially outweighed by the efficiencies to be achieved -- for the Court and the parties -- by entry of a coordinated schedule, which will include a single Markman hearing in which all Defendants may participate in a coordinated fashion. The parties in all of the related cases shall meet and confer and submit a proposed, coordinated Scheduling Order to the Court no later than October 24, 2012. The Court will determine thereafter whether to conduct a teleconference to further address the details of the coordinated Scheduling Order. ORDERED by Judge Leonard P. Stark on 10/10/12. Associated Cases: 1:11-cv-00836-LPS-SRF et al. (ntl) (Entered: 10/10/2012)
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                                            Legal Document (Payment Possibly Required) 22 Filed: 10/10/2012, Entered: None
                                            NOTICE requesting Clerk to remove the law firms of Potter Anderson & Corroon LLP and Fulbright & Jaworski L.L.P. as co-counsel. Reason for request: other counsel have entered an appearance. (Moore, David) (Entered: 10/10/2012)
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                                              Legal Document (Payment Possibly Required) 21 Filed: 10/10/2012, Entered: None
                                              Letter to The Honorable Leonard P. Stark from Richard D. Kirk, Esq. regarding Claim Construction Briefing schedule. (Kirk, Richard) (Entered: 10/10/2012)
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                                                Legal Document (Payment Possibly Required) 20 Filed: 10/9/2012, Entered: None
                                                Letter to The Honorable Leonard P. Stark from Julia Heaney regarding Case Management - re (16 in 1:12-cv-00561-LPS, 19 in 1:12-cv-00380-LPS, 15 in 1:12-cv-00384-LPS, 18 in 1:12-cv-00558-LPS, 17 in 1:12-cv-00556-LPS, 13 in 1:12-cv-00559-LPS, 14 in 1:12-cv-00562-LPS, 20 in 1:12-cv-00383-LPS, 21 in 1:12-cv-00382-LPS, 112 in 1:11-cv-00836-LPS-SRF, 17 in 1:12-cv-00557-LPS) Letter, (16 in 1:12-cv-00556-LPS, 18 in 1:12-cv-00380-LPS, 19 in 1:12-cv-00383-LPS, 20 in 1:12-cv-00382-LPS, 12 in 1:12-cv-00559-LPS, 111 in 1:11-cv-00836-LPS-SRF, 17 in 1:12-cv-00558-LPS, 15 in 1:12-cv-00561-LPS, 13 in 1:12-cv-00562-LPS, 16 in 1:12-cv-00557-LPS) Letter, (14 in 1:12-cv-00384-LPS) Letter. (Heaney, Julia) (Entered: 10/09/2012)
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                                                  Legal Document (Payment Possibly Required) 19 Filed: 9/28/2012, Entered: None
                                                  Letter to the Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding the Court's September 21, 2012 Order Regarding Case Management - re (19 in 1:12-cv-00382-LPS, 15 in 1:12-cv-00556-LPS, 18 in 1:12-cv-00383-LPS, 109 in 1:11-cv-00836-LPS-SRF, 16 in 1:12-cv-00558-LPS, 12 in 1:12-cv-00562-LPS, 15 in 1:12-cv-00557-LPS, 11 in 1:12-cv-00559-LPS, 17 in 1:12-cv-00380-LPS, 14 in 1:12-cv-00561-LPS, 13 in 1:12-cv-00384-LPS) Order,,,,. (Brauerman, Stephen) (Entered: 09/28/2012)
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                                                    Legal Document (Payment Possibly Required) 18 Filed: 9/28/2012, Entered: None
                                                    Letter to The Honorable Leonard P. Stark from Julia Heaney regarding Regarding the Court's September 21, 2012 Oral Order - re (12 in 1:12-cv-00562-LPS) Order,,,,. (Attachments: # 1 Exhibit A)(Heaney, Julia) (Entered: 09/28/2012)
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                                                      Legal Document (Payment Possibly Required) 17 Filed: 9/21/2012, Entered: None Court Filing
                                                      ORAL ORDER by Judge Leonard P. Stark: Having reviewed the joint status report filed at D.I. 103 in C.A. No. 11-836-LPS-SRF, as well as the September 11, 2012 letter from Defendants in that action (D.I. 106) and from Defendants in related C.A. Nos. 12-380-LPS, 12-382-LPS, 12-383-LPS, 12-556-LPS, and 12-557-LPS, the Court has determined that it will likely either vacate the scheduling order entered in C.A. No. 11-836-LPS-SRF and enter a revised scheduling order to permit all of these related actions to proceed according to the same schedule, or retain the current schedule in C.A. No. 11-836-LPS-SRF and stay the remaining related cases until after the Court enters its claim construction ruling. All parties are directed to submit to the Court, no later than September 28, 2012, letters advising the Court as to their preference as to how these cases should proceed. Thereafter, if necessary, the Court will schedule a teleconference to discuss these issue with counsel. Associated Cases: 1:11-cv-00836-LPS-SRF et al.(rpg) (Entered: 09/21/2012)
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                                                        Legal Document (Payment Possibly Required) 16 Filed: 9/11/2012, Entered: None
                                                        MOTION for Pro Hac Vice Appearance of Attorney Christopher Broderick, Karen Johnson-McKewan; and Christina Von der Ahe - filed by Costco Wholesale Corporation. (Heaney, Julia) (Entered: 09/11/2012)
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                                                          Legal Document (Payment Possibly Required) 15 Filed: 9/11/2012, Entered: None
                                                          Letter to The Honorable Leonard P. Stark from Julia Heaney regarding Alignment of Execware Cases. (Attachments: # 1 Joint Status Report)(Heaney, Julia) (Entered: 09/11/2012)
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                                                            Legal Document (Payment Possibly Required) 14 Filed: 9/5/2012, Entered: None
                                                            NOTICE of Appearance by Julia Heaney on behalf of Costco Wholesale Corporation (Heaney, Julia) (Entered: 09/05/2012)
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                                                              Legal Document (Payment Possibly Required) 13 Filed: 7/31/2012, Entered: None
                                                              NOTICE requesting Clerk to remove Bruce D. Kuyper as co-counsel. Reason for request: no longer with firm. (Tiradentes, Vanessa) (Entered: 07/31/2012)
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                                                                Legal Document (Payment Possibly Required) 12 Filed: 6/14/2012, Entered: None
                                                                MOTION for Pro Hac Vice Appearance of Attorney Dan D. Davison, Richard S. Zembek and Paul Dyson of Fulbright & Jaworski L.L.P. - filed by Costco Wholesale Corporation. (Moore, David) (Entered: 06/14/2012)
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                                                                  Legal Document (Payment Possibly Required) 11 Filed: 6/11/2012, Entered: None
                                                                  ANSWER to 8 Answer to Complaint, Counterclaim /Plaintiff Execware, LLC's Answer to Defendant Costco Wholesale Corporation's Original Counterclaims by Execware LLC.(Tiradentes, Vanessa) (Entered: 06/11/2012)
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                                                                    Legal Document (Payment Possibly Required) 10 Filed: 6/4/2012, Entered: None
                                                                    ANSWERING BRIEF in Opposition re 7 MOTION to Dismiss for Failure to State a Claim [DEFENDANT'S RULE 12(B)(6) MOTION TO DISMISS PLAINTIFF'S CLAIM OF INDIRECT INFRINGEMENT] filed by Execware LLC.Reply Brief due date per Local Rules is 6/14/2012. (Brauerman, Stephen) (Entered: 06/04/2012)
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                                                                      Legal Document (Payment Possibly Required) 9 Filed: 5/17/2012, Entered: None
                                                                      Disclosure Statement pursuant to Rule 7.1 filed by Costco Wholesale Corporation identifying Corporate Parent none for Costco Wholesale Corporation.. (Horwitz, Richard) (Entered: 05/17/2012)
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                                                                        Legal Document (Payment Possibly Required) 8 Filed: 5/17/2012, Entered: None
                                                                        ANSWER to 1 Complaint with Jury Demand , COUNTERCLAIM against Execware LLC by Costco Wholesale Corporation.(Horwitz, Richard) (Entered: 05/17/2012)
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                                                                          Legal Document (Payment Possibly Required) 7 Filed: 5/17/2012, Entered: None Motion to Dismiss
                                                                          MOTION to Dismiss for Failure to State a Claim [DEFENDANT'S RULE 12(B)(6) MOTION TO DISMISS PLAINTIFF'S CLAIM OF INDIRECT INFRINGEMENT] - filed by Costco Wholesale Corporation. (Horwitz, Richard) (Entered: 05/17/2012)
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                                                                            Legal Document (Payment Possibly Required) 6 Filed: 4/12/2012, Entered: None
                                                                            MOTION for Extension of Time to File Answer / Unopposed Motion to Extend Time for Defendant Costco Wholesale Corporation to Respond to Complaint until May 17, 2012 - filed by Execware LLC. (Brauerman, Stephen) (Entered: 04/12/2012)
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                                                                              Legal Document (Payment Possibly Required) 5 Filed: 4/4/2012, Entered: None
                                                                              SUMMONS Returned Executed by Execware LLC. Costco Wholesale Corporation served on 3/27/2012, answer due 4/17/2012. (Brauerman, Stephen) (Entered: 04/04/2012)
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                                                                                Legal Document (Payment Possibly Required) 4 Filed: 4/2/2012, Entered: None
                                                                                MOTION for Pro Hac Vice Appearance of Attorney Marc A. Fenster, Bruce D. Kuyper, and Fredricka Ung of Russ, August & Kabat - filed by Execware LLC. (Attachments: # 1 Certification of Marc A. Fenster, # 2 Certification of Bruce D. Kuyper, # 3 Certification of Fredricka Ung)(Brauerman, Stephen) (Entered: 04/02/2012)
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                                                                                  Legal Document (Payment Possibly Required) 3 Filed: 3/27/2012, Entered: None
                                                                                  Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,216,139;. (Tiradentes, Vanessa) (Entered: 03/27/2012)
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                                                                                    Legal Document (Payment Possibly Required) 2 Filed: 3/26/2012, Entered: None Court Filing
                                                                                    Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (lih) (Entered: 03/27/2012)
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                                                                                      Legal Document (Payment Possibly Required) 1 Filed: 3/26/2012, Entered: None
                                                                                      COMPLAINT filed with Jury Demand against Costco Wholesale Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1045562.) - filed by Execware LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(lih) (Entered: 03/27/2012)
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