Eclipse IP, LLC v. GameStop Corp.

2:13-cv-00067

Overview

Case Number 2:13-cv-00067

Filing Date 2013-01-30

Status Terminated

Termination Date 2014-03-12

Court District Court, E.D. Texas (txed)

Presiding Judge Rodney Gilstrap

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1338 Patent Infringement

Jury Demand Both

Parties

Mediator

James W. Knowles

Represented By

1 Attorneys Listed

James W Knowles

Knowles Mediations

Tel: +1 (903) 534-3800

Fax: +1 (903) 534-3806

Knowles Mediations, 909 East South East Loop 323

Defendant

Overstock.com, Inc.

Represented By

3 Attorneys Listed

John Hanson Barr , Jr

Bracewell & Giuliani - Houston

Tel: +1 (713) 221-1242

Fax: +1 (713) 222-3206

Bracewell & Giuliani - Houston, 711 Louisiana St

Christopher Aaron Shield

Bracewell & Giuliani - Houston

Tel: +1 (713) 221-1115

Fax: +1 (713) 222-3225

Bracewell & Giuliani - Houston, 711 Louisiana St

Brian Christopher Nash

Bracewell & Giuliani, LLP - Austin

Tel: +1 (512) 494-3679

Fax: +1 (800) 404-3970

111 Congress Avenue, Suite 2300

Nordstrom Inc

Represented By

1 Attorneys Listed

Derek Scott Neilson

Attorney

Harley-Davidson Motor Company, Inc.

Represented By

1 Attorneys Listed

Michelle Lyons Marriott

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 6201 College Blvd

Harley-Davidson, Inc.

Represented By

1 Attorneys Listed

Michelle Lyons Marriott

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 6201 College Blvd

GameStop Corp.

Represented By

1 Attorneys Listed

Joseph T Jakubek

Attorney

J.C. Penney Company, Inc.

Represented By

1 Attorneys Listed

Diane K Lettelleir

Attorney

Target Corporation

Represented By

5 Attorneys Listed

Kellie M Johnson

Akin Gump Strauss Hauer & Feld - Dallas

Tel: +1 (214) 969-2743

Fax: +1 (214) 969-4343

Akin Gump Strauss Hauer & Feld - Dallas, 911 West Loop 281

Jack Wesley Hill

Ward & Smith Law Firm

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

PO Box 1231, 1127 Judson Road

Fred Irvin Williams

Akin Gump Strauss Hauer & Feld LLP - Austin

Tel: +1 (512) 499-6200

Fax: +1 (512) 499-6290

600 Congress Avenue, Suite 1350

Eric Joseph Klein

Akin Gump Strauss Hauer & Feld LLP - Dallas

Tel: +1 (214) 969-2800

Fax: +1 (214) 969-4343

1700 Pacific Avenue, Suite 4100

Andrew M McCoy

Faegre Baker Daniels LLP Indianapolis

Tel: +1 (317) 237-0300

Fax: +1 (317) 237-1000

300 N Meridian St, Suite 2700

Plaintiff

Eclipse IP, LLC

Represented By

4 Attorneys Listed

Melissa Richards Smith

Attorney

Matthew Scott Harman

Attorney

Eric Scott Fredrickson

Attorney

Matthew S Harman

Attorney

Consol Defendant

eImprovements.com LLC

Represented By

2 Attorneys Listed

David G Hanson

Reinhart Boerner Van Deuren - Milwaukee

Tel: +1 (414) 298-1000

Fax: +1 (414) 298-8097

Reinhart Boerner Van Deuren - Milwaukee, 1000 North Water Street, Ste 2100

James Naughton Henry , Jr

Hallett & Perrin PC - Dallas

Tel: +1 (214) 922-4155

Fax: +1 (214) 922-4142

1445 Ross Avenue, Suite 2400

Counter Claimant

Harley-Davidson, Inc

Represented By

1 Attorneys Listed

Michelle Lyons Marriott

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 6201 College Blvd

Williams-Sonoma, Inc.

Represented By

1 Attorneys Listed

Robert Davis Tadlock

Kilpatrick Townsend & Stockton LLP - Menlo Park

Tel: +1 (415) 576-0200

Fax: +1 (415) 576-0300

1080 Marsh Road, Menlo Park, CA 94025

Technical Advisor

David Keyzer

Represented By

1 Attorneys Listed

David Keyzer

5170 Golden Foothill Parkway

Tel: +1 (916) 243-5259

5170 Golden Foothill Parkway, El Dorado Hills, CA 95762

Consolidated Defendant

Experian Marketing Solutions, Inc.

Represented By

1 Attorneys Listed

Shawnna Marie Yashar

Baker & Hostetler - Washington

Tel: +1 (202) 861-1518

Fax: +1 (202) 861-1783

Baker & Hostetler - Washington, 1050 Connecticut Ave, NW

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Rodney Gilstrap

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

2013-01-30

Download

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

2013-01-30

View

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

2013-01-30

View

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

2013-01-30

View

Eclipse IP, LLC v. GameStop Corp.

Overview

Parties

Mediator

James W. Knowles Follow

Represented By

Defendant

Overstock.com, Inc. Follow

Represented By

Nordstrom Inc Follow

Represented By

Harley-Davidson Motor Company, Inc. Follow

Represented By

Harley-Davidson, Inc. Follow

Represented By

GameStop Corp. Follow

Represented By

J.C. Penney Company, Inc. Follow

Represented By

Target Corporation Follow

Represented By

Plaintiff

Eclipse IP, LLC Follow

Represented By

Consol Defendant

eImprovements.com LLC Follow

Represented By

Counter Claimant

Harley-Davidson, Inc Follow

Represented By

Williams-Sonoma, Inc. Follow

Represented By

Technical Advisor

David Keyzer Follow

Represented By

Consolidated Defendant

Experian Marketing Solutions, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

COMPLAINT against GameStop Corp. ( Filing fee $ 350 receipt number 0540-3978226.), filed by Eclipse IP, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Smith, Melissa) (Entered: 01/30/2013)

CORPORATE DISCLOSURE STATEMENT filed by Eclipse IP, LLC identifying Corporate Parent Eclipse IP LLC for Eclipse IP, LLC. (Smith, Melissa) (Entered: 01/30/2013)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Smith, Melissa) (Entered: 01/30/2013)

ORDER REFERRING CASE to Magistrate Judge Roy S. Payne for pretrial purposes. Signed by Judge Rodney Gilstrap on 1/31/2013. (ch, ) (Entered: 01/31/2013)

NOTICE of Attorney Appearance - Pro Hac Vice by Matthew S Harman on behalf of Eclipse IP, LLC. Filing fee $ 100, receipt number 0540-3979287. (Harman, Matthew) (Entered: 01/31/2013)

MOTION to Withdraw as Attorney by Eclipse IP, LLC. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: 01/31/2013)

ORDER granting 6 Motion to Withdraw as Attorney. Attorney Melissa Richards Smith terminated. Signed by Magistrate Judge Roy S. Payne on 2/1/2013. (ch, ) (Entered: 02/01/2013)

AMENDED COMPLAINT (First) against GameStop Corp., filed by Eclipse IP, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Harman, Matthew) (Entered: 02/04/2013)

SUMMONS Issued as to GameStop Corp.. (ch, ) (Entered: 03/12/2013)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re GameStop Corp..( Siegel, Todd) (Entered: 04/10/2013)

Defendant GameStop Corp.'s ANSWER to 8 Amended Complaint, Affirmative Defenses, and, COUNTERCLAIM against Eclipse IP, LLC by GameStop Corp..(Jakubek, Joseph) (Entered: 05/17/2013)

CORPORATE DISCLOSURE STATEMENT filed by GameStop Corp. (Jakubek, Joseph) (Entered: 05/17/2013)

Plaintiff Eclipse LLC's ANSWER to 11 Answer to Amended Complaint, Counterclaim of Defendant by Eclipse IP, LLC.(Fredrickson, Eric) (Entered: 06/06/2013)

ORDER - Scheduling Conference set for 8/8/2013 03:15 PM before Judge Rodney Gilstrap and Judge Roy S Payne. Signed by Judge Rodney Gilstrap on 7/19/2013. (ch, ) (Entered: 07/19/2013)

NOTICE by Eclipse IP, LLC of Compliance Regarding Pr 3-1 and PR 3-2 (Fredrickson, Eric) (Entered: 07/25/2013)

CONSOLIDATION ORDER for pretrial purposes only. This case shall be the lead case. ALL FUTURE FILINGS MUST BE MADE IN THE LEAD CASE UNTIL THIS CONSOLIDATION ORDER IS VACATED. Signed by Magistrate Judge Roy S. Payne on 8/2/13. (bas, ) (Entered: 08/02/2013)

***FILED IN ERROR. PLEASE IGNORE***Letter Brief filed by Nordstrom Inc. (Gleason, Joseph) Modified on 8/7/2013 (ch, ). (Entered: 08/06/2013)

NOTICE of Attorney Appearance by Brian Christopher Nash on behalf of Overstock.com, Inc. (Nash, Brian) (Entered: 08/06/2013)

NOTICE of Attorney Appearance by Derek Scott Neilson on behalf of Nordstrom Inc (Neilson, Derek) (Entered: 08/07/2013)

Letter Brief filed by Nordstrom Inc. (Attachments: # 1 Exhibit 1)(Gleason, Joseph) (Entered: 08/07/2013)

STIPULATION of Dismissal With Prejudice by Eclipse IP, LLC, GameStop Corp.. (Harman, Matthew) (Additional attachment(s) added on 9/5/2013: # 1 Text of Proposed Order) (ch, ). (Entered: 08/07/2013)

MOTION to Stay Deadlines Pending Settlement and Dismissal by Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Attachments: # 1 Text of Proposed Order)(Marriott, Michelle) (Entered: 08/08/2013)

ORDER granting 22 Motion to Stay as to Eclipse IP and Harley-Davidson Motor Comapny. Signed by Magistrate Judge Roy S. Payne on 8/9/13. (bas, ) (Entered: 08/09/2013)

***FILED IN ERROR. PLEASE IGNORE.***NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. eImprovements.com LLC (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

***FILED IN ERROR. PLEASE IGNORE.***NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. Overstock.com, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

***FILED IN ERROR. PLEASE IGNORE.***NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. J.C. Penney Company, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

***FILED IN ERROR. PLEASE IGNORE.***NOTICE of Designation of Mediator, Request Court to Appoint, filed by Eclipse IP, LLC. v. Nordstrom, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

Letter Brief filed by Eclipse IP, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Fredrickson, Eric) (Entered: 08/16/2013)

NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. eImprovements.com LLC (Harman, Matthew) (Entered: 08/16/2013)

NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. J.C. Penney Company, Inc. (Harman, Matthew) (Entered: 08/16/2013)

NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. Overstock.com, Inc. (Harman, Matthew) (Entered: 08/16/2013)

NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. Nordstrom, Inc. (Harman, Matthew) (Entered: 08/16/2013)

STIPULATION of Dismissal v. Harley Davidson Joint Stipulation by Eclipse IP, LLC. (Attachments: # 1 Exhibit 1)(Harman, Matthew) (Entered: 08/20/2013)

ORDER REFERRING CASE to Mediator James W. Knowles, 909 ESE Loop 323, Suite 410, Tyler, Texas 75701, telephone number (903) 534-3800 and fax number (903) 534-3806, is hereby appointed as mediator. Signed by Magistrate Judge Roy S. Payne on 8/20/2013. (ch, ) (Entered: 08/21/2013)

ORDER - granting 33 Stipulation of Dismissal. Dft Harley-Davidson Motor Company, Inc is hereby dismissed with prejudice. Signed by Magistrate Judge Roy S. Payne on 8/21/2013. (ch, ) (Entered: 08/22/2013)

James W. Knowles

Overstock.com, Inc.

Nordstrom Inc

Harley-Davidson Motor Company, Inc.

Harley-Davidson, Inc.

GameStop Corp.

J.C. Penney Company, Inc.

Target Corporation

Eclipse IP, LLC

eImprovements.com LLC

Harley-Davidson, Inc

Williams-Sonoma, Inc.

David Keyzer

Experian Marketing Solutions, Inc.

FILED IN ERROR. PLEASE IGNORELetter Brief filed by Nordstrom Inc. (Gleason, Joseph) Modified on 8/7/2013 (ch, ). (Entered: 08/06/2013)

FILED IN ERROR. PLEASE IGNORE.NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. eImprovements.com LLC (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

FILED IN ERROR. PLEASE IGNORE.NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. Overstock.com, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

FILED IN ERROR. PLEASE IGNORE.NOTICE of Designation of Mediator, James Knowles, filed by Eclipse IP, LLC. v. J.C. Penney Company, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)

FILED IN ERROR. PLEASE IGNORE.NOTICE of Designation of Mediator, Request Court to Appoint, filed by Eclipse IP, LLC. v. Nordstrom, Inc. (Harman, Matthew) Modified on 8/16/2013 (ch, ). (Entered: 08/15/2013)