Eclipse IP LLC v. PayByPhone Technologies, Inc.

COMPLAINT Receipt No: 0973-13202472 - Fee: $400, filed by Plaintiff Eclipse IP LLC.(Attorney Matt Olavi added to party Eclipse IP LLC(pty:pla))(Olavi, Matt) (Entered: 01/08/2014)

2014-01-08

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CIVIL COVER SHEET filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

2014-01-08

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Notice and Certificate of Interested Parties (Olavi, Matt) (Entered: 01/08/2014)

2014-01-08

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

2014-01-08

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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

2014-01-08

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NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Andrew J. Wistrich. (ghap) (Entered: 01/08/2014)

2014-01-08

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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant PayByPhone Technologies, Inc. (ghap) (Entered: 01/08/2014)

2014-01-08

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PROOF OF SERVICE Executed by Plaintiff Eclipse IP LLC, upon Defendant PayByPhone Technologies, Inc. served on 1/14/2014, answer due 2/4/2014. Service of the Summons and Complaint were executed upon NARI Services, Inc. in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Olavi, Matt) (Entered: 01/24/2014)

2014-01-24

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STIPULATION Extending Time to Answer the complaint as to PayByPhone Technologies, Inc. answer now due 3/6/2014, re Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) (Entered: 02/03/2014)

2014-02-03

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FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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Request for Clerk to Issue Summons on Amended Complaint 10 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 02/25/2014)

2014-02-25

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21 DAY Summons Issued re First Amended Complaint 10 as to Defendant PayByPhone Technologies, Inc. (jp) (Entered: 02/26/2014)

2014-02-26

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PROOF OF SERVICE filed by Plaintiff Eclipse IP LLC, re Amended Complaint 10 served on 03/03/2014. (Olavi, Matt) (Entered: 03/04/2014)

2014-03-04

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ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Fernando M. Olguin. Case transferred from Judge Fernando M. Olguin to Judge George H. Wu for all further proceedings. Case number now reads CV 14-00154 GW(AJWx). (rn) (Entered: 03/04/2014)

2014-03-04

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STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. (See document for details) (bp) (Entered: 03/05/2014)

2014-03-05

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NOTICE of Appearance filed by attorney Robert Adam Kashfian on behalf of Defendant PayByPhone Technologies, Inc. (Attorney Robert Adam Kashfian added to party PayByPhone Technologies, Inc.(pty:dft))(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PayByPhone Technologies, Inc.. Motion set for hearing on 4/24/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1 to 12, # 3 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PayByPhone Technologies, Inc.. Motion set for hearing on 4/24/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1 to 12, # 3 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PayByPhone Technologies, Inc.. Motion set for hearing on 4/24/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1 to 12, # 3 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant PayByPhone Technologies, Inc.. Motion set for hearing on 4/24/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1 to 12, # 3 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

2014-03-24

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) 18 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): Applicant did not supply Good Standing Certificates for each of the state bar for each of the states that the attorney is admitted of that particular state bar. See LR 83-2.1.3.3; Fee not paid. See LR 83-2.1.3.3(c). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 03/25/2014)

2014-03-25

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ORDER by Judge George H. Wu: denying 18 Application to Appear Pro Hac Vice for failure to comply with Local Rule 83-2.1.3.3 - Applicant did not supply Good Standing Certificates for each of the state bar that the attorney is admitted of that particular Bar. Fee shall be returned by the Clerk within one week of this order, if Applicant has not complied. Terming Attorney Jeffrey Sonnabend. (lt) (Entered: 03/28/2014)

2014-03-27

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Second APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 04/02/2014)

2014-04-02

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Second APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 04/02/2014)

2014-04-02

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OPPOSITION In Opposition To re: MOTION to Dismiss Case 19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 04/03/2014)

2014-04-03

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OBJECTION In Opposition To Exhibits 1-12 re: MOTION to Dismiss Case 19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 04/03/2014)

2014-04-03

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ORDER by Judge George H. Wu: granting 22 Application to Appear Pro Hac Vice by Attorney Jeffrey Sonnabend on behalf of Defendant, designating Robert A. Kashfian as local counsel. (lt) (Entered: 04/08/2014)

2014-04-03

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REPLY In Support MOTION to Dismiss Case 19 filed by Defendant PayByPhone Technologies, Inc.. (Kashfian, Robert) (Entered: 04/10/2014)

2014-04-10

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MINUTES OF Defendant Paybyphone Technologies Inc's Motion to Dismiss Plaintiff's First Amended Complaint 19 before Judge George H. Wu: Court hears oral argument. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. Defendant's Motion is DENIED. Defendant will have 21 days from the date of this order to respond to the First Amended Complaint. A Scheduling Conference is set for 5/29/2014 at 8:30 AM. Parties may appear telephonically provided that notice is given to the clerk at least two business days prior to the hearing. Court Reporter: Katie Thibodeaux. (jp) (Entered: 04/25/2014)

2014-04-24

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ANSWER to Amended Complaint 10 JURY DEMAND. (with counterclaims) filed by Defendant PayByPhone Technologies, Inc..(Sonnabend, Jeffrey) (Entered: 05/15/2014)

2014-05-15

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COUNTERCLAIM against Counter Defendant Eclipse IP LLC, filed by Counter Claimant PayByPhone Technologies, Inc.. ( THE IMAGE OF THIS COUNTER-CLAIM IS ATTACHED TO DOCUMENT NUMBER 28 FILED ON 5/15/2014) (pj)

2014-05-15

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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Plaintiff Eclipse IP LLC.. (Olavi, Matt) (Entered: 05/22/2014)

2014-05-22

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MINUTES OF Scheduling Conference held before Judge George H. Wu. The Court's Handout for Scheduling Conference is circulated and attached hereto. For reasons stated on the record, the scheduling conference to June 5, 2014 at 8:30 a.m. Parties may appear telephonically provided that notice is given to the clerk two business days prior to the hearing. Court Reporter: Katie Thibodeaux. (bp) (Entered: 06/02/2014)

2014-05-29

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MINUTES OF Scheduling Conference held before Judge George H. Wu, Court and counsel confer re consolidation of other Eclipse IP, LLC matters. For reasons stated on the record, the scheduling conference is continued to June 23, 2014 at 8:30 a.m. A report regarding each sides scheduling position will be filed by noon on June 18, 2014. Court Reporter: Pamela Batalo. (pj) (Entered: 06/06/2014)

2014-06-05

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NOTICE OF MOTION AND MOTION to Strike Defendant PayByPhone's Counterclaims Answer to Complaint 28, Counterclaim And to Dismiss PayByPhone's Counterclaims filed by Plaintiff and Counterdefendant Eclipse IP LLC. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Olavi Declaration and Exhibits 1-2, # 3 Proposed Order)(Olavi, Matt) (Entered: 06/06/2014)

2014-06-06

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NOTICE OF MOTION AND MOTION to Strike Defendant PayByPhone's Counterclaims Answer to Complaint 28, Counterclaim And to Dismiss PayByPhone's Counterclaims filed by Plaintiff and Counterdefendant Eclipse IP LLC. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Olavi Declaration and Exhibits 1-2, # 3 Proposed Order)(Olavi, Matt) (Entered: 06/06/2014)

2014-06-06

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NOTICE OF MOTION AND MOTION to Strike Defendant PayByPhone's Counterclaims Answer to Complaint 28, Counterclaim And to Dismiss PayByPhone's Counterclaims filed by Plaintiff and Counterdefendant Eclipse IP LLC. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Olavi Declaration and Exhibits 1-2, # 3 Proposed Order)(Olavi, Matt) (Entered: 06/06/2014)

2014-06-06

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NOTICE OF MOTION AND MOTION to Strike Defendant PayByPhone's Counterclaims Answer to Complaint 28, Counterclaim And to Dismiss PayByPhone's Counterclaims filed by Plaintiff and Counterdefendant Eclipse IP LLC. Motion set for hearing on 7/7/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Olavi Declaration and Exhibits 1-2, # 3 Proposed Order)(Olavi, Matt) (Entered: 06/06/2014)

2014-06-06

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MINUTE ORDER IN CHAMBERS ORDER Coordinating and Staying Cases by Judge George H. Wu: The Court was presiding over two cases filed by Eclipse IP LLC ("Eclipse"); Exlipse IP, LLC v. Dolls Kill, Inc., CV13-1855, and Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV14-00154, and has accepted related case transfer of seven cases Eclipse filed involving an overlaping constellation of patents from the same family; Nos. 7,064,681; 7,113,110; 7,119,716; 7,319,414; 7,479,899; 7,482,952; 7,876,239; 8,232,899; 8,531,317; and 7,564,459. Those related cases are: 1. Eclipse IP LLC v. Safeway Inc., CV14-00376, 2. Eclipse IP LLC v. Tri Starr Management Services Inc., CV14-00578, 3. Eclipse IP LLC v. Dogeared Jewels and Gifts LLC, CV14-00643, 4. Eclipse IP LLC v. Vapour Organic Beauty Inc., CV14-00644, 5. Eclipse IP LLC v. Title 9 Sports Inc., CV14-00645, 6. Eclipse IP LLC v. Backcountry.com Inc., CV14-00646, 7. Eclipse IP LLC v. McKinley Equipment Corporation, CV14-00742. These nine related cases are collectively referred to as the "Eclipse Cases." All of the Eclipse cases that remain pending are hereby COORDINATED for case management purposes. The Eclipse Cases are hereby STAYED with the exception of the below-described activity. All pending motions are hereby taken off calendar, and, if appropriate, can be reinstated with any necessary modification once the stay is lifted. Plaintiff is ORDERED to file a status report with the Court no later than 14 days after the filing of this Order, certifying service of this Order (attaching proof of service if not effected through CM/ECF), and providing two summary charts showing which defendants are alleged to infringe which claims of which patents; one organized by defendant, the other by patent and claim. The Court also VACATES the scheduling conference set for June 23, 2014 and sets a Status Conference for the Eclipse Cases on July 7, 2014 at 8:30 a.m. to discuss lifting the stay and future scheduling of matters in the actions. Parties may appear telephonically with advanced arrangement with the Court Clerk. (bp) (Entered: 06/11/2014)

2014-06-10

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STATUS REPORT Pursuant to The Court's June 10, 2014 Order and Exhibit 1-2 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 06/24/2014)

2014-06-24

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Filing in Compliance with the Court's June 10, 2014 Order filed by Plaintiff Eclipse IP LLC re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings,,,,,,,,,,,,,,,,,,,,,,,, 33 (Olavi, Matt) (Entered: 06/24/2014)

2014-06-24

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MINUTE ORDER RE JULY 7, 2014 STATUS CONFERENCE (IN CHAMBERS) by Judge George H. Wu: SEE DOCUMENT FOR DETAILS (jag) (Entered: 07/03/2014)

2014-07-03

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MINUTES OF TELEPHONIC Status Conference held before Judge George H. Wu:, The Court consolidates with following cases with the above-entitled action for all pretrial proceedings:Eclipse IP, LLC v. Tri Starr Management Services, Inc., EDCV 14-578-GW(AJWx)Eclipse IP, LLC v. Vapour Organic Beauty, Inc., SACV 14-644-GW(AJWx)Eclipse IP, LLC v. McKinley Equipment Corporation, SACV 14-742-GW(AJWx)Parties are advised that all subsequent filings will be filed in Eclipse IP, LLC v. PayByPhone Technologies, Inc., CV 14-154-GW(AJWx)Court and counsel confer re order issued on July 3, 2014 36 . Parties will meet and confer re scheduling and file a proposed schedule filed by July 11, 2014.The Court sets the Markman Hearing for December 8, 2014 at 8:30 a.m. Court Reporter: Katie Thibideaux. (pj) (Entered: 07/11/2014)

2014-07-07

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EX PARTE APPLICATION to Reschedule certain dates on current schedule filed by Defendant, Counter Claim Plaintiff PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Sonnabend, Jeffrey) (Entered: 07/10/2014)

2014-07-10

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EX PARTE APPLICATION to Reschedule certain dates on current schedule filed by Defendant, Counter Claim Plaintiff PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Sonnabend, Jeffrey) (Entered: 07/10/2014)

2014-07-10

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ORDER by Judge George H. Wu: Upon PayByPhone Technologies, Inc.s ex parte motion, consentedto by all parties, the Court hereby orders that the case schedule be amended asfollows. No other scheduled dates shall be affected 37 . Telephonic Status Conference set for 8/7/2014 08:30 AM before Judge George H. Wu. (pj) (Entered: 07/14/2014)

2014-07-11

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Proposed Pretrial Schedule For Consolidated Cases re: Status Conference, Set/Reset Deadlines/Hearings, Set/Clear Flags,,,,,,,,, 38 (Woods, Tyler) (Entered: 07/17/2014)

2014-07-17

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Notice of Appearance or Withdrawal of Counsel: for attorney Daralyn J Durie counsel for Defendant McKinley Equipment Corporation. Adding Daralyn J. Durie as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Daralyn J Durie added to party McKinley Equipment Corporation(pty:dft))(Durie, Daralyn) (Entered: 07/28/2014)

2014-07-28

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NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted filed by Defendant McKinley Equipment Corporation. Motion set for hearing on 9/4/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Proposed Order granting Defendant's Motion to Dismiss)(Durie, Daralyn) (Entered: 07/28/2014)

2014-07-28

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NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted filed by Defendant McKinley Equipment Corporation. Motion set for hearing on 9/4/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Proposed Order granting Defendant's Motion to Dismiss)(Durie, Daralyn) (Entered: 07/28/2014)

2014-07-28

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NOTICE OF MOTION AND MOTION to Dismiss Case for failure to state a claim upon which relief can be granted filed by Defendant McKinley Equipment Corporation. Motion set for hearing on 9/4/2014 at 08:30 AM before Judge George H. Wu. (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Proposed Order granting Defendant's Motion to Dismiss)(Durie, Daralyn) (Entered: 07/28/2014)

2014-07-28

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Notice of Appearance or Withdrawal of Counsel: for attorney Clement S Roberts counsel for Defendant McKinley Equipment Corporation. Adding Clement S. Roberts as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Clement S Roberts added to party McKinley Equipment Corporation(pty:dft))(Roberts, Clement) (Entered: 07/29/2014)

2014-07-29

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Notice of Appearance or Withdrawal of Counsel: for attorney Elizabeth Offen Brown Klein counsel for Defendant McKinley Equipment Corporation. Adding Elizabeth Offen-Brown Klein as attorney as counsel of record for McKinley Equipment Corporation for the reason indicated in the G-123 Notice. Filed by Defendant McKinley Equipment Corporation. (Attorney Elizabeth Offen Brown Klein added to party McKinley Equipment Corporation(pty:dft))(Klein, Elizabeth) (Entered: 07/29/2014)

2014-07-29

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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Plaintiff Eclipse IP LLC.. (Woods, Tyler) (Entered: 08/05/2014)

2014-08-05

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Notice of Appearance or Withdrawal of Counsel: for attorney Tyler J Woods counsel for Plaintiff Eclipse IP LLC. Adding Tyler J. Woods as attorney as counsel of record for Eclipse IP LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Eclipse IP LLC. (Attorney Tyler J Woods added to party Eclipse IP LLC(pty:pla))(Woods, Tyler) (Entered: 08/06/2014)

2014-08-06

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MINUTES OF TELEPHONIC STATUS CONFERENCE held before Judge George H. Wu. The Court sets the following: Responsive Pleadings or Motions Due, Deadline to Join Other; Parties and Amend the Pleadings July 25, 2014; Early Meeting of the Parties (S.P.R. 2.3) July 28, 2014; Supplemental Joint 26(f) Report Re Issues Not Resolved During July 7, 2014 Status Conference) August 4, 2014; Telephonic Status Conference (Re Issues Not Resolved During July 7, 2014 Status Conference) (S.P.R. 2.4) August 7, 2014; Invalidity Conditions and Documents (S.P.R. 2.5 and 2.6) August 29, 2014; Exchange Claim Terms For Construction (S.P.R. 3.1) September 8, 2014; Exchange Proposed Constructions & Evidence (S.P.R. 3.2) September 22, 2014; Complete Claim Construction Discovery (S.P.R. 3.3) October 20, 2014; Joint Claim Construction and Prehearing Statement (S.P.R. 3.4) October 27, 2014; Simultaneous Opening Markman Briefs (S.P.R. 3.5) November 3, 2014; Simultaneous Responding Markman Briefs, Technology Tutorials,and Hearing Slide Decks (S.P.R. 3.5) November 17, 2014; Markman Hearing December 8, 2014 at 8:30 a.m.; Deadline to Complete Mediation February 6, 2015. (See attached document for other deadlines.) Court Reporter: Katie Thibodeaux. (lom) (Entered: 08/08/2014)

2014-08-07

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Notice of Appearance or Withdrawal of Counsel: for attorney David E Fink counsel for Defendant Dogeared Jewels and Gifts LLC. Filed by defendant Dogeared Jewels and Gifts LLC. (Fink, David) (Entered: 08/08/2014)

2014-08-08

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REPLY MOTION to Dismiss Case for failure to state a claim upon which relief can be granted 42 filed by Defendant McKinley Equipment Corporation. (Durie, Daralyn) (Entered: 08/21/2014)

2014-08-21

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RULING ON MOTION TO DISMISS FOR LACK OF PATENTABLE SUBJECT MATTER (35 U.S.C § 101) by Judge George H. Wu, 42 . For the foregoing reasons, the Court would GRANT the Motion and DISMISS the case because681 Patent claims 1, 3, 4, and 6, 716 Patent claims 1, 2, 4, 6, 7, 18, 19, 20, 41, 43, 44, 45, and 46, and 110 Patent claims 1, 2, 7, and 8 fail to satisfy 35 U.S.C. § 101. Case Terminated. Made JS-6. (pj) (Entered: 09/08/2014)

2014-09-04

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MINUTE ORDER IN CHAMBERS by Judge George H. Wu: 50 . Case previously closed in error (Case reopened. MD JS-5.) (pj) (Entered: 09/08/2014)

2014-09-08

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NOTICE of PayByPhone's Non-Compliance with the Court's August 7, 2014 Order filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 09/25/2014)

2014-09-25

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REPLY filed by Defendant PayByPhone Technologies, Inc. to Notice (Other) 52 (Attachments: # 1 Exhibit 1)(Sonnabend, Jeffrey) (Entered: 09/25/2014)

2014-09-25

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REPLY filed by Defendant PayByPhone Technologies, Inc. to Notice (Other) 52 (Attachments: # 1 Exhibit 1)(Sonnabend, Jeffrey) (Entered: 09/25/2014)

2014-09-25

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NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Eclipse IP LLC. Appeal of Order Dismissing Case, 50 (Appeal fee of $505 receipt number 0973-14550207 paid.) (Woods, Tyler) (Entered: 10/01/2014)

2014-10-01

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REPRESENTATION STATEMENT re Notice of Appeal to Federal Circuit Court of Appeals 54 . (Woods, Tyler) (Entered: 10/01/2014)

2014-10-01

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TRANSMISSION of the Notice of Appeal, Docket Sheet, Ruling and Representation Statement e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals 54 (car)

2014-10-03

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NOTIFICATION by Circuit Court of Appellate Docket Number 15-1023. Federal Circuit Court regarding Notice of Appeal to Federal Circuit Court of Appeals 54 as to Plaintiff Eclipse IP LLC. (dmap) (Entered: 10/07/2014)

2014-10-06

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ORDER from 9th CCA filed re: Notice of Appeal to Federal Circuit Court of Appeals 54 filed by Eclipse IP LLC, CCA # 2015-1023. IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each side shall bear its own costs. ISSUED AS A MANDATE: October 23, 2014. Order received in this district on 10/23/14. (mat) (Entered: 10/27/2014)

2014-10-23

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STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A)(Olavi, Matt) (Entered: 10/27/2014)

2014-10-27

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MINUTE ORDER LIMITING NUMBER OF TERMS TO BE CONSTRUED (IN CHAMBERS) by Judge George H. Wu: See document for details (jag) (Entered: 10/29/2014)

2014-10-29

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REPLY filed by Defendant PayByPhone Technologies, Inc. to Minutes of In Chambers Order/Directive - no proceeding held 59 (Defendant PayByPhone's election of three additional claim terms requiring construction) (Sonnabend, Jeffrey) (Entered: 10/30/2014)

2014-10-30

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MEMORANDUM of Points and Authorities in Support (PayByPhone's Opening Markman Brief) (Sonnabend, Jeffrey) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

2014-11-03

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BRIEF filed by Plaintiff Eclipse IP LLC. Eclipse IP LLC's Responsive Claim Construction Brief (Olavi, Matt) (Entered: 11/17/2014)

2014-11-17

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NOTICE OF LODGING filed Pursuant to S.P.R. 3.5 re Brief (non-motion non-appeal) 63 (Olavi, Matt) (Entered: 11/17/2014)

2014-11-17

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MEMORANDUM of Points and Authorities in Support (PayByPhone's Reply Markman Brief) (Sonnabend, Jeffrey) (Entered: 11/17/2014)

2014-11-17

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Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff and Counterdefendant Eclipse IP LLC. (Attachments: # 1 Proposed Order)(Olavi, Matt) (Entered: 12/03/2014)

2014-12-03

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Joint STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff and Counterdefendant Eclipse IP LLC. (Attachments: # 1 Proposed Order)(Olavi, Matt) (Entered: 12/03/2014)

2014-12-03

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ORDER OF DISMISSAL WITH PREJUDICE 66 by Judge George H. Wu. IT IS THEREFORE ORDERED that all claims, defenses, and counterclaims asserted in this action are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. IT IS SO ORDERED. (lom) (Entered: 12/10/2014)

2014-12-08

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Overview

Parties

Defendant

McKinley Equipment Corporation Follow

Represented By

BackCountry.Com Inc Follow

Represented By

Title 9 Sports Inc Follow

Represented By

Vapour Organic Beauty Inc Follow

Represented By

Dogeared Jewels and Gifts LLC Follow

Represented By

Tri Star Management Services Inc. Follow

Represented By

Safeway Inc. Follow

Represented By

PayByPhone Technologies, Inc. Follow

Represented By

Plaintiff

Eclipse IP LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT Receipt No: 0973-13202472 - Fee: $400, filed by Plaintiff Eclipse IP LLC.(Attorney Matt Olavi added to party Eclipse IP LLC(pty:pla))(Olavi, Matt) (Entered: 01/08/2014)

CIVIL COVER SHEET filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

Notice and Certificate of Interested Parties (Olavi, Matt) (Entered: 01/08/2014)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 01/08/2014)

NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Andrew J. Wistrich. (ghap) (Entered: 01/08/2014)

21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant PayByPhone Technologies, Inc. (ghap) (Entered: 01/08/2014)

STIPULATION Extending Time to Answer the complaint as to PayByPhone Technologies, Inc. answer now due 3/6/2014, re Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) (Entered: 02/03/2014)

FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

FIRST AMENDED COMPLAINT against Defendant PayByPhone Technologies, Inc. amending Complaint (Attorney Civil Case Opening) 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Olavi, Matt) (Entered: 02/25/2014)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (Olavi, Matt) (Entered: 02/25/2014)

Request for Clerk to Issue Summons on Amended Complaint 10 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 02/25/2014)

21 DAY Summons Issued re First Amended Complaint 10 as to Defendant PayByPhone Technologies, Inc. (jp) (Entered: 02/26/2014)

PROOF OF SERVICE filed by Plaintiff Eclipse IP LLC, re Amended Complaint 10 served on 03/03/2014. (Olavi, Matt) (Entered: 03/04/2014)

ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Fernando M. Olguin. Case transferred from Judge Fernando M. Olguin to Judge George H. Wu for all further proceedings. Case number now reads CV 14-00154 GW(AJWx). (rn) (Entered: 03/04/2014)

STANDING ORDER Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. (See document for details) (bp) (Entered: 03/05/2014)

NOTICE of Appearance filed by attorney Robert Adam Kashfian on behalf of Defendant PayByPhone Technologies, Inc. (Attorney Robert Adam Kashfian added to party PayByPhone Technologies, Inc.(pty:dft))(Kashfian, Robert) (Entered: 03/24/2014)

APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 03/24/2014)

Second APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 04/02/2014)

Second APPLICATION for attorney Jeffrey Sonnabend to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Kashfian, Robert) (Entered: 04/02/2014)

OPPOSITION In Opposition To re: MOTION to Dismiss Case 19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 04/03/2014)

OBJECTION In Opposition To Exhibits 1-12 re: MOTION to Dismiss Case 19 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 04/03/2014)

ORDER by Judge George H. Wu: granting 22 Application to Appear Pro Hac Vice by Attorney Jeffrey Sonnabend on behalf of Defendant, designating Robert A. Kashfian as local counsel. (lt) (Entered: 04/08/2014)

REPLY In Support MOTION to Dismiss Case 19 filed by Defendant PayByPhone Technologies, Inc.. (Kashfian, Robert) (Entered: 04/10/2014)

ANSWER to Amended Complaint 10 JURY DEMAND. (with counterclaims) filed by Defendant PayByPhone Technologies, Inc..(Sonnabend, Jeffrey) (Entered: 05/15/2014)

COUNTERCLAIM against Counter Defendant Eclipse IP LLC, filed by Counter Claimant PayByPhone Technologies, Inc.. ( THE IMAGE OF THIS COUNTER-CLAIM IS ATTACHED TO DOCUMENT NUMBER 28 FILED ON 5/15/2014) (pj)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-10 days, filed by Plaintiff Eclipse IP LLC.. (Olavi, Matt) (Entered: 05/22/2014)

STATUS REPORT Pursuant to The Court's June 10, 2014 Order and Exhibit 1-2 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 06/24/2014)

Filing in Compliance with the Court's June 10, 2014 Order filed by Plaintiff Eclipse IP LLC re: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings,,,,,,,,,,,,,,,,,,,,,,,, 33 (Olavi, Matt) (Entered: 06/24/2014)

MINUTE ORDER RE JULY 7, 2014 STATUS CONFERENCE (IN CHAMBERS) by Judge George H. Wu: **SEE DOCUMENT FOR DETAILS** (jag) (Entered: 07/03/2014)

EX PARTE APPLICATION to Reschedule certain dates on current schedule filed by Defendant, Counter Claim Plaintiff PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Sonnabend, Jeffrey) (Entered: 07/10/2014)

EX PARTE APPLICATION to Reschedule certain dates on current schedule filed by Defendant, Counter Claim Plaintiff PayByPhone Technologies, Inc.. (Attachments: # 1 Proposed Order)(Sonnabend, Jeffrey) (Entered: 07/10/2014)

Proposed Pretrial Schedule For Consolidated Cases re: Status Conference, Set/Reset Deadlines/Hearings, Set/Clear Flags,,,,,,,,, 38 (Woods, Tyler) (Entered: 07/17/2014)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7, filed by Plaintiff Eclipse IP LLC.. (Woods, Tyler) (Entered: 08/05/2014)

Notice of Appearance or Withdrawal of Counsel: for attorney David E Fink counsel for Defendant Dogeared Jewels and Gifts LLC. Filed by defendant Dogeared Jewels and Gifts LLC. (Fink, David) (Entered: 08/08/2014)

REPLY MOTION to Dismiss Case for failure to state a claim upon which relief can be granted 42 filed by Defendant McKinley Equipment Corporation. (Durie, Daralyn) (Entered: 08/21/2014)

MINUTE ORDER IN CHAMBERS by Judge George H. Wu: 50 . Case previously closed in error (Case reopened. MD JS-5.) (pj) (Entered: 09/08/2014)

NOTICE of PayByPhone's Non-Compliance with the Court's August 7, 2014 Order filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 09/25/2014)

REPLY filed by Defendant PayByPhone Technologies, Inc. to Notice (Other) 52 (Attachments: # 1 Exhibit 1)(Sonnabend, Jeffrey) (Entered: 09/25/2014)

REPLY filed by Defendant PayByPhone Technologies, Inc. to Notice (Other) 52 (Attachments: # 1 Exhibit 1)(Sonnabend, Jeffrey) (Entered: 09/25/2014)

NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Eclipse IP LLC. Appeal of Order Dismissing Case, 50 (Appeal fee of $505 receipt number 0973-14550207 paid.) (Woods, Tyler) (Entered: 10/01/2014)

REPRESENTATION STATEMENT re Notice of Appeal to Federal Circuit Court of Appeals 54 . (Woods, Tyler) (Entered: 10/01/2014)

TRANSMISSION of the Notice of Appeal, Docket Sheet, Ruling and Representation Statement e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals 54 (car)

NOTIFICATION by Circuit Court of Appellate Docket Number 15-1023. Federal Circuit Court regarding Notice of Appeal to Federal Circuit Court of Appeals 54 as to Plaintiff Eclipse IP LLC. (dmap) (Entered: 10/07/2014)

STATEMENT Joint Claim Construction and Prehearing Statement filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A)(Olavi, Matt) (Entered: 10/27/2014)

MINUTE ORDER LIMITING NUMBER OF TERMS TO BE CONSTRUED (IN CHAMBERS) by Judge George H. Wu: **See document for details** (jag) (Entered: 10/29/2014)

REPLY filed by Defendant PayByPhone Technologies, Inc. to Minutes of In Chambers Order/Directive - no proceeding held 59 (Defendant PayByPhone's election of three additional claim terms requiring construction) (Sonnabend, Jeffrey) (Entered: 10/30/2014)

MEMORANDUM of Points and Authorities in Support (PayByPhone's Opening Markman Brief) (Sonnabend, Jeffrey) (Entered: 11/03/2014)

BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

BRIEF filed by Plaintiff Eclipse IP LLC. (Eclipse IP LLC's Opening Claim Construction Brief) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Olavi Declaration and Exhibits 1-2)(Olavi, Matt) (Entered: 11/03/2014)

McKinley Equipment Corporation

BackCountry.Com Inc

Title 9 Sports Inc

Vapour Organic Beauty Inc

Dogeared Jewels and Gifts LLC

Tri Star Management Services Inc.

Safeway Inc.

PayByPhone Technologies, Inc.

Eclipse IP LLC

MINUTE ORDER RE JULY 7, 2014 STATUS CONFERENCE (IN CHAMBERS) by Judge George H. Wu: SEE DOCUMENT FOR DETAILS (jag) (Entered: 07/03/2014)

MINUTE ORDER LIMITING NUMBER OF TERMS TO BE CONSTRUED (IN CHAMBERS) by Judge George H. Wu: See document for details (jag) (Entered: 10/29/2014)