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No. 113 SPECIAL MASTER ORDER Relating to Procedures for Resolving Discovery Motions (see Order for ...

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 113 (D.Del. Mar. 22, 2016)
Prior to contacting the Special Master regarding a discovery dispute the parties shall meet in good faith to resolve or narrow the issues in dispute, including regarding the procedure for the motion (e.g. page limits and briefing schedule).
Should counsel find they are unable to resolve a discovery matter, the parties involved shall contact the Special Master by email
Following Counsel’s Request and any responses, Special Master may schedule a hearing for the discovery motion(s).
Not less than two (2) days prior to the hearing, excluding weekends and holidays, any party opposing the motion may email the Special Master a responsive letter brief outlining that party’s reasons for its opposition.
Unless otherwise ordered or agreed to by the parties, letter briefs shall not exceed 4 pages, single spaced, in no less than 12 point font.
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No. 22 MOTION to Dismiss Defendant Acceleration Bay LLC's Motion to Dismiss or Transfer Activision ...

Document Activision Blizzard Inc. v. Acceleration Bay LLC, 1:16-cv-00774, No. 22 (D.Del. Jul. 15, 2016)
Motion to Dismiss (Demurrer)
Oct. 11, 2013) (“The [first-to-file] rule is primarily meant to alleviate the burden placed on the federal judiciary by duplicative litigation and to prevent the possibility of conflicting judgments.”) (citation omitted).
“[C]ircumstances under which an exception to the first-to-file rule typically will be made include bad faith, anticipatory suit, and forum shopping…[D]istrict court judges can, in the exercise of their discretion, dispense with the first-filed principle for reasons of equity.” Alltrade, Inc. v. Uniwald Prods., Inc., 946 F.2d 622, 628 (9th Cir. 1991) (internal citations omitted).
In particular, Judge Andrews and Special Master Terrell have invested significant efforts in the same infringement claims that are the subject of the DJ Action, acquiring substantial familiarity with Acceleration Bay’s patents and various issues that have arisen during discovery.
In patent litigation, such as these actions, where “several highly technical factual issues are presented,” to the extent “other relevant factors are in equipoise, the interest of judicial economy may favor transfer to a court that has become familiar with the issues.” Regents of the U. of Cal.
Additionally, as the de facto plaintiff on the issue of patent infringement, Acceleration Bay’s choice of Delaware as the forum in which to pursue its claims against Activision weighs in favor of transfer to that court.
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No. 94 ORDER appointing Special Master: Allen M. Terrell, Jr

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 94 (D.Del. Feb. 18, 2016)
WHEREAS, by order dated February 12, 2016, the Court revised the scope and administration of the Special Master Panel for complex cases; and WHEREAS, consistent with the goals and needs expressed in the referenced order, the Court concludes that the appointment of a Special Master is warranted in the above-captioned case; NOW THEREFORE, this J!
He shall have the duty and authority to require the submission of reports, call conferences, and hold hearings in order to determine the status of issues relating to discovery and to issue orders requiring the parties to adhere to case management dates set by the Court.
Mr. Terrell may arrange for a court reporter through Leonard Dibbs, at 302.573.6195, who shall be given one week's notice of any scheduled hearings absent emergency circumstances.
Absent an order by Mr. Terrell, the parties shall bear equally the costs of the court reporter and transcript.
Any objections or disputes as to Mr. Terrell's compensation, costs, and/or expenses shall be presented to the Court in a timely application.
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No. 89 ORDER REFERRING CASES to Clerk for assignment of a Special Master

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 89 (D.Del. Feb. 17, 2016)
At Wilmington this {0day of February, 2016, pursuant to Fed. R. Civ.
P. 53(a)(l)(C); IT IS ORDERED that the above-captioned cases are hereby referred to the Clerk of Court for assignment of a Special Master for the purposes of managing discovery.
Upon selection of a Special Master, the court shall enter a further order appointing same.
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No. 1

Document Activision Blizzard Inc. v. Acceleration Bay LLC, 1:16-cv-00774, No. 1 (D.Del. Jun. 16, 2016)

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No. 57

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 57 (D.Del. Jan. 4, 2016)

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No. 47

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 47 (D.Del. Dec. 1, 2015)

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No. 35

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 35 (D.Del. Oct. 30, 2015)

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No. 34

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 34 (D.Del. Oct. 29, 2015)

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13 Refund Approval: Notice of Refund

Document IPR2016-00726, No. 13 Refund Approval - Notice of Refund (P.T.A.B. Oct. 18, 2016)

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No. 22

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 22 (D.Del. Sep. 11, 2015)

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11 Decision Denying Institution: Decision Denying Institution of Inter Partes Review

Document IPR2016-00726, No. 11 Decision Denying Institution - Decision Denying Institution of Inter Partes Review (P.T.A.B. Sep. 9, 2016)

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No. 45

Document Activision Blizzard Inc. v. Acceleration Bay LLC, 1:16-cv-00774, No. 45 (D.Del. Sep. 15, 2016)

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No. 19

Document Acceleration Bay LLC v. Activision Blizzard Inc., 1:15-cv-00228, No. 19 (D.Del. Jun. 22, 2015)

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10 Reply: Bungies Reply to the Preliminary Response

Document IPR2017-01600, No. 10 Reply - Bungies Reply to the Preliminary Response (P.T.A.B. Nov. 27, 2017)

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