Data Carriers LLC v. Newegg Inc.

Federal Civil Lawsuit Delaware District Court, Case No. 1:12-cv-00942
District Judge Leonard P. Stark, presiding
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District Judge Leonard P. Stark
Last Updated January 17, 2017 at 3:56 AM EST (8.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Data Carriers, LLC, Plaintiff

Represented by Bayard, PA

Represented by Russ August & Kabat

No Logo Newegg, Inc., Counter-Claimant
v.
No Logo Newegg, Inc., Defendant

Represented by Proctor Heyman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dominick T. Gattuso +1 302 472 7311 +1 302 472 7301 dgattuso@proctorheyman.com

Represented by Webb Law Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Kent E. Baldauf, Jr. +1 412 471 8815 +1 412 471 4094 webblaw@webblaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Daniel H. Brean +1 412 471 8815 +1 412 471 4094 dbrean@webblaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Bryan P. Clark +1 412 471 8815 +1 412 471 4094 bclark@webblaw.com
No Logo Data Carriers, LLC, Counter-Defendant
No Logo IP Navigation Group, LLC, Counter-Defendant
Officially listed as "IP Navigation Group"

Represented by Eckert, Seamans, Cherin & Mellott LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kevin F. Brady +1 302 574 7412 kbrady@eckertseamans.com
Attributes
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 51 Filed: 8/28/2014, Entered: None
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,388,198. (ntl) (Entered: 08/28/2014)
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Blank 50 Filed: 8/20/2014, Entered: None Court Filing
SO ORDERED, re 49 MOTION to Dismiss Based upon Unopposed Motion to Dismiss. Signed by Judge Leonard P. Stark on 8/20/2014. (rpg) (Entered: 08/20/2014)
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Blank 49 Filed: 8/20/2014, Entered: None
MOTION to Dismiss Based upon Unopposed Motion to Dismiss - filed by Data Carriers LLC. (Brauerman, Stephen) (Entered: 08/20/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 8/19/2014, Entered: None
STATEMENT re: Case Management Conference Checklist by Data Carriers LLC. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 08/19/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 8/19/2014, Entered: None
Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding Case Management Conference. (Brauerman, Stephen) (Entered: 08/19/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 8/19/2014, Entered: None
MOTION for Pro Hac Vice Appearance of Attorney Anthony W. Brooks - filed by Newegg Inc.. (DiGiovanni, Francis) (Entered: 08/19/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 8/15/2014, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that, in preparation for the Case Management Conference to be held on August 21, 2014, the parties shall meet and confer and submit, no later than August 19, the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a list of the attorneys who will be appearing at the CMC; and (iii) a joint letter, not to exceed three (3) pages, describing (a) what these cases are about, (b) the parties' positions on the most important of any disputes in the proposed scheduling order, and (c) an indication of any additional issues (other than Scheduling Disputes) the parties believe it would be fruitful to discuss during the CMC. ORDERED by Judge Leonard P. Stark on 8/15/14. Associated Cases: 1:12-cv-00349-LPS et al. (ntl) (Entered: 08/15/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 8/4/2014, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a Case Management Conference in courtroom 6B on August 21, 2014 at 11:00 a.m. No further submissions are needed. ORDERED by Judge Leonard P. Stark on 8/4/14. Associated Cases: 1:12-cv-00349-LPS et al. (ntl) (Entered: 08/04/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 8/1/2014, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that the Case Management Conference scheduled for 8/4/14 at 2:30 p.m. is CANCELLED and will be rescheduled on a date to be determined. ORDERED by Judge Leonard P. Stark on 8/1/14. Associated Cases: 1:12-cv-00349-LPS et al. (ntl) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 7/30/2014, Entered: None
PROPOSED ORDER /Proposed Scheduling Order by Data Carriers LLC. (Brauerman, Stephen) (Entered: 07/30/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 7/29/2014, Entered: None
NOTICE OF SUBSTITUTION OF COUNSEL re Newegg Inc.: Entry of appearance of attorney Francis DiGiovanni. Attorney Dominick T. Gattuso terminated. (DiGiovanni, Francis) (Entered: 07/29/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 7/21/2014, Entered: None
Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding Case Management Conferences. (Brauerman, Stephen) (Entered: 07/21/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 7/15/2014, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a Case Management Conference ("CMC"), in courtroom 6B, on Monday, August 4, 2014 at 2:30 p.m. In preparation for the CMC, counsel shall meet and confer and address the items listed in the "Checklist," and submit a proposed scheduling order consistent with Chief Judge Stark's "Patent Scheduling Order (non-ANDA)," no later than July 30, 2014. Forms and further information are available on Judge Stark's website under the "New Patent Procedures" tab. ORDERED by Judge Leonard P. Stark on 7/15/14. Associated Cases: 1:12-cv-00349-LPS et al. (ntl) (Entered: 07/15/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 1/27/2014, Entered: None
ANSWER to 8 Answer to Complaint, Counterclaim,, \Plaintiff Data Carriers, LLCs Reply to Newegg Inc.s First Amended Counterclaims by Data Carriers LLC.(Brauerman, Stephen) (Entered: 01/27/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 12/18/2013, Entered: None
MOTION for Marc A. Fenster, Adam S. Hoffman and Benjamin T. Wang to Withdraw as Attorney - filed by Data Carriers LLC. (Bussiere, Sara) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 7/22/2013, Entered: None
MOTION for Leave to File /Unopposed Motion to File Reply to Counterclaims - filed by Data Carriers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brauerman, Stephen) (Entered: 07/22/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 7/14/2013, Entered: None Court Filing
Official Transcript of Hearing held on June 18, 2013 before Judge Leonard P. Stark. Court Reporter Brian P. Gaffigan, Telephone(302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/5/2013. Redacted Transcript Deadline set for 8/14/2013. Release of Transcript Restriction set for 10/15/2013. (bpg) (Entered: 07/14/2013)
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Blank 34 Filed: 6/19/2013, Entered: None Court Filing
ORDER re 18 MOTION to Dismiss or Strike is Denied as moot; 16 MOTION to Dismiss or Strike is Denied as moot; 23 MOTION to Dismiss and Joinder is Granted; 21 MOTION to Dismiss is Granted. Signed by Judge Leonard P. Stark on 6/18/13. (ntl) (Entered: 06/19/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 4/23/2013, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on pending motions on June 18, 2013 beginning at 12:00 p.m. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 4/23/13. Associated Cases: 1:12-cv-00349-LPS et al.(ntl) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 3/22/2013, Entered: None
Joint STATUS REPORT by Data Carriers LLC. (Brauerman, Stephen) (Entered: 03/22/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 3/19/2013, Entered: None Court Filing
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall submit a joint status report to the Court on or before 3/22/13. ORDERED by Judge Leonard P. Stark on 3/19/13. Associated Cases: 1:12-cv-00326-LPS et al.(ntl) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 1/11/2013, Entered: None
REQUEST for Oral Argument by Newegg Inc. re 23 MOTION to Dismiss for Failure to State a Claim /DATA CARRIERS LLC'S MOTION TO DISMISS NEWEGG'S THIRD CLAIM FOR RELIEF IN ITS COUNTERCLAIM AND JOINDER IN IP NAVIGATION GROUP'S MOTION TO DISMISS, 21 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6). (Gattuso, Dominick) (Entered: 01/11/2013)
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Blank 29 Filed: 1/10/2013, Entered: None
REPLY BRIEF re 16 MOTION to Dismiss Based upon Counterclaim Defendant IP Navigation Group's Motion to Dismiss Newegg Inc.'s Counterclaim Or In the Alternative To Strike Newegg Inc.'s Request for Relief Under Counterclaim III filed by IP Navigation Group. (Brady, Kevin) (Entered: 01/10/2013)
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Blank 28 Filed: 1/9/2013, Entered: None
REPLY BRIEF re 23 MOTION to Dismiss for Failure to State a Claim /DATA CARRIERS LLC'S MOTION TO DISMISS NEWEGG'S THIRD CLAIM FOR RELIEF IN ITS COUNTERCLAIM AND JOINDER IN IP NAVIGATION GROUP'S MOTION TO DISMISS /Data Carriers LLC's Reply Brief in Support of its Motion to Dismiss Newegg's Third Claim for Relief in its First Amended Counterclaim filed by Data Carriers LLC. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 12/21/2012, Entered: None
STIPULATION TO EXTEND TIME File and Serve Reply Brief in Support of Motion to Dismiss (D.I. 21) to January 9, 2013 - filed by IP Navigation Group. (Brady, Kevin) (Entered: 12/21/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 12/20/2012, Entered: None
Joint STIPULATION TO EXTEND TIME to File Reply Brief in Support of Motion to Dismiss to January 9, 2013 - filed by Data Carriers LLC, Newegg Inc.. (Brauerman, Stephen) (Entered: 12/20/2012)
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Blank 25 Filed: 12/17/2012, Entered: None
ANSWERING BRIEF in Opposition re 23 MOTION to Dismiss for Failure to State a Claim /DATA CARRIERS LLC'S MOTION TO DISMISS NEWEGG'S THIRD CLAIM FOR RELIEF IN ITS COUNTERCLAIM AND JOINDER IN IP NAVIGATION GROUP'S MOTION TO DISMISS, 21 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) filed by Newegg Inc..Reply Brief due date per Local Rules is 1/2/2013. (Gattuso, Dominick) (Entered: 12/17/2012)
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Blank 24 Filed: 11/30/2012, Entered: None
OPENING BRIEF in Support re 23 MOTION to Dismiss for Failure to State a Claim /DATA CARRIERS LLC'S MOTION TO DISMISS NEWEGG'S THIRD CLAIM FOR RELIEF IN ITS COUNTERCLAIM AND JOINDER IN IP NAVIGATION GROUP'S MOTION TO DISMISS filed by Data Carriers LLC.Answering Brief/Response due date per Local Rules is 12/17/2012. (Brauerman, Stephen) (Entered: 11/30/2012)
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Blank 23 Filed: 11/30/2012, Entered: None Motion to Dismiss
MOTION to Dismiss for Failure to State a Claim /DATA CARRIERS LLC'S MOTION TO DISMISS NEWEGG'S THIRD CLAIM FOR RELIEF IN ITS COUNTERCLAIM AND JOINDER IN IP NAVIGATION GROUP'S MOTION TO DISMISS - filed by Data Carriers LLC. (Attachments: # 1 Text of Proposed Order)(Brauerman, Stephen) (Entered: 11/30/2012)
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Blank 22 Filed: 11/30/2012, Entered: None
OPENING BRIEF in Support re 21 MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) filed by IP Navigation Group.Answering Brief/Response due date per Local Rules is 12/17/2012. (Brady, Kevin) (Entered: 11/30/2012)
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Blank 21 Filed: 11/30/2012, Entered: None Motion to Dismiss
MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) - filed by IP Navigation Group. (Attachments: # 1 Text of Proposed Order Proposed Order for Counterclaim Defendant IP Navigation Group, LLC's Motion to Dismiss Count III of Newegg, Inc.'s Amended Counterclaim)(Brady, Kevin) (Entered: 11/30/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 11/16/2012, Entered: None
AMENDED DOCUMENT by Newegg Inc.. Amendment to 8 Answer to Complaint, Counterclaim,, . (Attachments: # 1 Exhibits A-G, # 2 Exhibits H-O)(Gattuso, Dominick) (Entered: 11/16/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 11/5/2012, Entered: None
OPENING BRIEF in Support re 18 MOTION to Dismiss for Failure to State a Claim /Motion to Dismiss Newegg Inc.'s Third Counterclaim MOTION for Joinder in IP Navigation Group, LLC's Motion to Dismiss or Strike filed by Data Carriers LLC.Answering Brief/Response due date per Local Rules is 11/26/2012. (Brauerman, Stephen) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 11/5/2012, Entered: None, Terminated: 6/19/2013 Motion to Dismiss
MOTION to Dismiss for Failure to State a Claim /Motion to Dismiss Newegg Inc.'s Third Counterclaim, MOTION for Joinder in IP Navigation Group, LLC's Motion to Dismiss or Strike - filed by Data Carriers LLC. (Attachments: # 1 Text of Proposed Order)(Brauerman, Stephen) (Entered: 11/05/2012)
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Blank 17 Filed: 11/5/2012, Entered: None
OPENING BRIEF in Support re 16 MOTION to Dismiss Based upon Counterclaim Defendant IP Navigation Group's Motion to Dismiss Newegg Inc.'s Counterclaim Or In the Alternative To Strike Newegg Inc.'s Request for Relief Under Counterclaim III filed by IP Navigation Group.Answering Brief/Response due date per Local Rules is 11/26/2012. (Brady, Kevin) (Entered: 11/05/2012)
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Blank 16 Filed: 11/5/2012, Entered: None Motion to Dismiss
MOTION to Dismiss Based upon Counterclaim Defendant IP Navigation Group's Motion to Dismiss Newegg Inc.'s Counterclaim Or In the Alternative To Strike Newegg Inc.'s Request for Relief Under Counterclaim III - filed by IP Navigation Group. (Attachments: # 1 Text of Proposed Order)(Brady, Kevin) (Entered: 11/05/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 10/4/2012, Entered: None
Joint STIPULATION TO EXTEND TIME for Data Carriers, LLC to Respond to the Counterclaims of Newegg, Inc. to November 5, 2012 - filed by Data Carriers LLC. (Brauerman, Stephen) (Entered: 10/04/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 10/3/2012, Entered: None
STIPULATION TO EXTEND TIME Counterclaim to November 5, 2012 - filed by IP Navigation Group. (Brady, Kevin) (Entered: 10/03/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 9/4/2012, Entered: None
Joint STIPULATION TO EXTEND TIME for Data Carriers, LLC to Respond to the Counterclaims of Defendant Newegg, Inc. to October 4, 2012 - filed by Data Carriers LLC. (Brauerman, Stephen) (Entered: 09/04/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 8/31/2012, Entered: None
Joint STIPULATION TO EXTEND TIME Answer to Counterclaim to October 4, 2012 - filed by IP Navigation Group. (Brady, Kevin) (Entered: 08/31/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 8/15/2012, Entered: None
AFFIDAVIT of Service for Defendant Newegg's Answer and Counterclaim served on Jana Limer General Counsel for IP Navigation Group on August 14, 2012, filed by Newegg Inc.. (Gattuso, Dominick) (Entered: 08/15/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 8/14/2012, Entered: None
MOTION for Pro Hac Vice Appearance of Attorney Kent E. Baldauf, Jr., Daniel H. Brean and Bryan P. Clark - filed by Newegg Inc.. (Gattuso, Dominick) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 8/13/2012, Entered: None
Disclosure Statement pursuant to Rule 7.1 filed by Newegg Inc. identifying Corporate Parent No parent company for Newegg Inc... (Gattuso, Dominick) (Entered: 08/13/2012)
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Blank 8 Filed: 8/13/2012, Entered: None
ANSWER to 1 Complaint with JURY DEMAND , COUNTERCLAIM against Data Carriers LLC, IP Navigation Group by Newegg Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons Forms - Unsigned)(Gattuso, Dominick) (Entered: 08/13/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 8/13/2012, Entered: None
NOTICE of Appearance by Dominick T. Gattuso on behalf of Newegg Inc. (Gattuso, Dominick) (Entered: 08/13/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 8/1/2012, Entered: None
MOTION for Pro Hac Vice Appearance of Attorney Adam S. Hoffman - filed by Data Carriers LLC. (Attachments: # 1 Certification of Adam S. Hoffman)(Tiradentes, Vanessa) (Entered: 08/01/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 7/27/2012, Entered: None
SUMMONS Returned Executed by Data Carriers LLC. Newegg Inc. served on 7/23/2012, answer due 8/13/2012. (Brauerman, Stephen) (Entered: 07/27/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 7/25/2012, Entered: None
MOTION for Pro Hac Vice Appearance of Attorney Marc A. Fenster and Benjamin T. Wang of Russ, August & Kabat to represent Plaintiff Data Carriers, LLC - filed by Data Carriers LLC. (Attachments: # 1 Certification of Marc A. Fenster, # 2 Certification of Benjamin T. Wang)(Tiradentes, Vanessa) (Entered: 07/25/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 7/19/2012, Entered: None
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,388,198. (eam) (Entered: 07/20/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 7/19/2012, Entered: None Court Filing
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (eam) (Entered: 07/20/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 7/19/2012, Entered: None
COMPLAINT filed with Jury Demand against Newegg Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1108971.) - filed by Data Carriers LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(eam) (Entered: 07/20/2012)
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