Epic Games, Inc. v. Acceleration Bay LLC

4:19-cv-04133

Overview

Case Number 4:19-cv-04133

Filing Date 2019-07-18

Status Litigation filed

Court cand

Nature of Suit 830 Patent

Parties

Defendant

Acceleration Bay LLC

Represented By

4 Attorneys Listed

James R. Hannah

Kramer Levin Naftalis & Frankel LLP

Tel: +1 (650) 752-1712

333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA 94065

Aaron M. Frankel

Kramer Levin Naftalis & Frankel LLP

Tel: +1 (212) 715-7793

1177 Avenue of the Americas, New York, NY 10036

Paul J. Andre

Kramer Levin Naftalis & Frankel LLP

Tel: +1 (650) 752-1710

Fax: +1 (650) 752-1800

333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA 94065

Lisa Kobialka

Kramer Levin Naftalis & Frankel LLP

Tel: +1 (650) 752-1711

Fax: +1 (650) 752-1800

333 Twin Dolphin Drive, Suite 700, Redwood Shores, CA 94065

Plaintiff

Epic Games, Inc.

Represented By

7 Attorneys Listed

Michael A. Tomasulo

Oribit IP, LLP

Tel: +1 (310) 887-1333

Fax: +1 (310) 887-1334

11400 West Olympic Blvd., Suite 200

Saranya Raghavan

Winston and Strawn LLP

Tel: +1 (312) 558-5600

Fax: +1 (312) 558-5700

35 West Wacker Drive, Chicago, IL 60601

Michael John Sacksteder

Fenwick & West LLP

Tel: +1 (415) 875-2300

Fax: +1 (415) 281-1350

555 California Street, 12th Floor

Matthew R. McCullough

Winston & Strawn LLP

Tel: +1 (650) 858-6453

Fax: +1 (650) 858-6500

275 Middlefield Road, Suite 205

Louis L. Campbell

Winston & Strawn LLP

Tel: +1 (650) 858-6500

Fax: +1 (650) 858-6550

275 Middlefield Road, Suite 205, Menlo Park, CA 94025

Jessica Andrea Martinez Kaempf

Fenwick & West LLP

Tel: +1 (206) 389-4550

401 Union Street, 5th Floor, Seattle, WA 98101

David P. Enzminger

Winston & Strawn/Chicago

Tel: +1 (213) 615-1780

Winston & Strawn/Chicago, 255 Shoreline Drive, Suite 520

Court & Judges

Court

cand

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against Acceleration Bay LLC ( Filing fee $ 400, receipt number 0971-13531811.). Filed byEpic Games, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

2019-07-18

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COMPLAINT against Acceleration Bay LLC ( Filing fee $ 400, receipt number 0971-13531811.). Filed byEpic Games, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

2019-07-18

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COMPLAINT against Acceleration Bay LLC ( Filing fee $ 400, receipt number 0971-13531811.). Filed byEpic Games, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

2019-07-18

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COMPLAINT against Acceleration Bay LLC ( Filing fee $ 400, receipt number 0971-13531811.). Filed byEpic Games, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet)(Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

2019-07-18

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Epic Games, Inc. v. Acceleration Bay LLC

Overview

Parties

Defendant

Acceleration Bay LLC Follow

Represented By

Plaintiff

Epic Games, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Proposed Summons. (Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

Certificate of Interested Entities by Epic Games, Inc. identifying Other Affiliate Tencent Holdings, Ltd., Other Affiliate Timothy Sweeney for Epic Games, Inc.. (Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

REPORT on the filing or determination of an action regarding Patents (cc: form mailed to register). (Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

Civil Cover Sheet by Epic Games, Inc. . (Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

NOTICE of Appearance by Michael A. Tomasulo (Tomasulo, Michael) (Filed on 7/18/2019) (Entered: 07/18/2019)

NOTICE of Appearance by David P. Enzminger (Enzminger, David) (Filed on 7/18/2019) (Entered: 07/18/2019)

NOTICE of Appearance by Matthew R. McCullough (McCullough, Matthew) (Filed on 7/18/2019) (Entered: 07/18/2019)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/15/2019. Initial Case Management Conference set for 10/22/2019 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

Summons Issued as to Acceleration Bay LLC. (cv, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)

NOTICE of Appearance by Louis L. Campbell (Campbell, Louis) (Filed on 7/18/2019) (Entered: 07/18/2019)

~Util - Case Assigned by Intake

NOTICE of Appearance by Paul J. Andre (Andre, Paul) (Filed on 7/29/2019) (Entered: 07/29/2019)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Acceleration Bay LLC.. (Andre, Paul) (Filed on 7/29/2019) (Entered: 07/29/2019)

NOTICE of Appearance by Lisa Kobialka (Kobialka, Lisa) (Filed on 7/29/2019) (Entered: 07/29/2019)

NOTICE of Appearance by James R. Hannah (Hannah, James) (Filed on 7/29/2019) (Entered: 07/29/2019)

Clerk's Notice of Impending Reassignment - Text Only

STIPULATION For Extending Time for Defendant Acceleration Bay LLC to Respond to Complaint filed by Acceleration Bay LLC and Epic Games, Inc. (Andre, Paul) (Filed on 8/1/2019) Modified on 8/2/2019 (jmlS, COURT STAFF). (Entered: 08/01/2019)

~Util - Set Motion and Deadlines/Hearings

Clerk's Notice

OPPOSITION/RESPONSE (re 22 MOTION to Dismiss ) Redacted Version of Document Sought to be Sealed filed byEpic Games, Inc.. (Attachments: # 1 Proposed Order)(Tomasulo, Michael) (Filed on 10/1/2019) (Entered: 10/01/2019)

OPPOSITION/RESPONSE (re 22 MOTION to Dismiss ) Redacted Version of Document Sought to be Sealed filed byEpic Games, Inc.. (Attachments: # 1 Proposed Order)(Tomasulo, Michael) (Filed on 10/1/2019) (Entered: 10/01/2019)

Declaration of Paul Andre in Support of 26 Administrative Motion to File Under Seal filed byAcceleration Bay LLC. (Related document(s) 26 ) (Andre, Paul) (Filed on 10/3/2019) (Entered: 10/03/2019)

MOTION for leave to appear in Pro Hac Vice for Saranya Raghavan ( Filing fee $ 310, receipt number 0971-13766670.) filed by Epic Games, Inc.. (Attachments: # 1 Certificate of Good Standing)(Raghavan, Saranya) (Filed on 10/4/2019) (Entered: 10/04/2019)

MOTION for leave to appear in Pro Hac Vice for Saranya Raghavan ( Filing fee $ 310, receipt number 0971-13766670.) filed by Epic Games, Inc.. (Attachments: # 1 Certificate of Good Standing)(Raghavan, Saranya) (Filed on 10/4/2019) (Entered: 10/04/2019)

ORDER by Judge Yvonne Gonzalez Rogers granting 28 Motion for Pro Hac Vice as to Saranya Raghavan. (fs, COURT STAFF) (Filed on 10/7/2019) (Entered: 10/07/2019)

REPLY (re 22 MOTION to Dismiss ) filed byAcceleration Bay LLC. (Attachments: # 1 Declaration of John Garland, # 2 Declaration of Joseph Ward)(Andre, Paul) (Filed on 10/8/2019) (Entered: 10/08/2019)

REPLY (re 22 MOTION to Dismiss ) filed byAcceleration Bay LLC. (Attachments: # 1 Declaration of John Garland, # 2 Declaration of Joseph Ward)(Andre, Paul) (Filed on 10/8/2019) (Entered: 10/08/2019)

REPLY (re 22 MOTION to Dismiss ) filed byAcceleration Bay LLC. (Attachments: # 1 Declaration of John Garland, # 2 Declaration of Joseph Ward)(Andre, Paul) (Filed on 10/8/2019) (Entered: 10/08/2019)

MOTION for leave to appear in Pro Hac Vice Aaron Frankel ( Filing fee $ 310, receipt number 0971-13793972.) filed by Acceleration Bay LLC. (Frankel, Aaron) (Filed on 10/15/2019) Modified on 10/16/2019 (cpS, COURT STAFF). (Entered: 10/15/2019)

ADR Clerks Notice re: Non-Compliance after 5/1/2018

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Andre, Paul) (Filed on 10/18/2019) (Entered: 10/18/2019)

STIPULATION and Proposed Order selecting Early Settlement Conference with a Magistrate Judge by Epic Games, Inc. filed by Epic Games, Inc.. (Tomasulo, Michael) (Filed on 10/18/2019) (Entered: 10/18/2019)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tomasulo, Michael) (Filed on 10/18/2019) (Entered: 10/18/2019)

ORDER by Judge Yvonne Gonzalez Rogers granting 32 Motion for Pro Hac Vice as to Aaron M. Frankel. (fs, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/22/2019)

ORDER by Judge Yvonne Gonzalez Rogers Denying 22 Motion to Dismiss; granting 26 Administrative Motion to File Under Seal for Purposes of this motion only. (fs, COURT STAFF) (Filed on 10/25/2019) (Entered: 10/25/2019)

TRANSCRIPT ORDER for proceedings held on 10/22/2019 before Judge Yvonne Gonzalez Rogers by Epic Games, Inc., for Court Reporter Raynee Mercado. (Tomasulo, Michael) (Filed on 10/30/2019) (Entered: 10/30/2019)

ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Epic Games, Inc. byAcceleration Bay LLC. (Andre, Paul) (Filed on 11/5/2019) Modified on 11/6/2019 (cpS, COURT STAFF). (Entered: 11/05/2019)

Certificate of Interested Entities by Acceleration Bay LLC identifying Corporate Parent Forward People LLC for Acceleration Bay LLC, Acceleration Bay LLC. (Andre, Paul) (Filed on 11/5/2019) (Entered: 11/05/2019)

JOINT CASE MANAGEMENT STATEMENT and Proposed Order filed by Epic Games, Inc., Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 11/25/2019) Modified on 11/26/2019 (cpS, COURT STAFF). (Entered: 11/25/2019)

ANSWER TO COUNTERCLAIM 41 Counterclaim byEpic Games, Inc.. (Tomasulo, Michael) (Filed on 11/26/2019) Modified on 11/27/2019 (cpS, COURT STAFF). (Entered: 11/26/2019)

NOTICE of Appearance by Michael John Sacksteder (Sacksteder, Michael) (Filed on 12/2/2019) (Entered: 12/02/2019)

STIPULATION of Partial Dismissal filed by Epic Games, Inc., Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 12/3/2019) Modified on 12/4/2019 (cpS, COURT STAFF). (Entered: 12/03/2019)

TRANSCRIPT ORDER for proceedings held on 12/2/2019 before Judge Yvonne Gonzalez Rogers by Epic Games, Inc., for Court Reporter Raynee Mercado. (Tomasulo, Michael) (Filed on 12/4/2019) (Entered: 12/04/2019)

Proposed Order re 44 Joint Case Management Statement per Court Order at 12/2/2019 CMC by Epic Games, Inc.. (Tomasulo, Michael) (Filed on 12/5/2019) (Entered: 12/05/2019)

Joint Statement of Compliance with Mediation Requirement pursuant to re 50 by Epic Games, Inc., Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 12/13/2019) Modified on 12/16/2019 (cpS, COURT STAFF). (Entered: 12/13/2019)

CLERK'S NOTICE. In light of the filing at Dkt. no. 51, the Friday, 12/20/2018 at 9:01 AM Compliance hearing is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)

Clerk's Notice

Stipulated Protocol & [Proposed] Order Governing the Discovery of Documents and Electronically Stored Information (ESI) filed by Epic Games, Inc. and Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 12/19/2019) Modified on 12/20/2019 (jmlS, COURT STAFF). (Entered: 12/19/2019)

Stipulated Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade Secrets filed by Epic Games, Inc. and Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 12/19/2019) Modified on 12/20/2019 (jmlS, COURT STAFF). (Entered: 12/19/2019)

ORDER by Judge Yvonne Gonzalez Rogers granting 54 Stipulated Protocol Governing the Discovery Documents and Electronically Stored Information. (fs, COURT STAFF) (Filed on 12/23/2019) (Entered: 12/23/2019)

ORDER by Judge Yvonne Gonzalez Rogers granting 55 Stipulated Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information and/or Trade Secrets. (fs, COURT STAFF) (Filed on 12/23/2019) (Entered: 12/23/2019)

STIPULATION AND ORDER REGARDING THE PROPOSED PROTECTIVE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 12/23/2019. (fs, COURT STAFF) (Filed on 12/23/2019) (Entered: 12/23/2019)

STIPULATION WITH PROPOSED ORDER to Extend Deadline to File Opposition to Motion to Strike Counterclaims filed by Epic Games, Inc., Acceleration Bay LLC. (Tomasulo, Michael) (Filed on 12/30/2019) Modified on 12/30/2019 (cpS, COURT STAFF). (Entered: 12/30/2019)

ORDER by Judge Yvonne Gonzalez Rogers granting 60 Stipulation to Extend Deadline. Responses due by 1/7/2020. Replies due by 1/14/2020. (fs, COURT STAFF) (Filed on 1/2/2020) (Entered: 01/02/2020)

Set/Reset Deadlines as to 53 MOTION to Strike 45 Answer to to CounterClaim . Responses due by 1/7/2020. Replies due by 1/14/2020. (fs, COURT STAFF) (Filed on 1/2/2020)

Joint Discovery Letter Brief re Protective Order filed by Epic Games, Inc., Acceleration Bay LLC. (Attachments: # 1 Proposed Protective Order with Disputed Provisions)(Tomasulo, Michael) (Filed on 1/7/2020) Modified on 1/8/2020 (cpS, COURT STAFF). (Entered: 01/07/2020)

Joint Discovery Letter Brief re Protective Order filed by Epic Games, Inc., Acceleration Bay LLC. (Attachments: # 1 Proposed Protective Order with Disputed Provisions)(Tomasulo, Michael) (Filed on 1/7/2020) Modified on 1/8/2020 (cpS, COURT STAFF). (Entered: 01/07/2020)

REPLY (re 53 MOTION to Strike 45 Answer to to CounterClaim ) filed byAcceleration Bay LLC. (Andre, Paul) (Filed on 1/14/2020) (Entered: 01/14/2020)

NOTICE OF REFERRAL FOR DISCOVERY (with signature affixed). Signed by Magistrate Judge Sallie Kim on 1/15/2020. (Attachments: # 1 Magistrate Judge Kim's Standing Order)(mklS, COURT STAFF) (Filed on 1/16/2020) (Entered: 01/16/2020)

NOTICE OF REFERRAL FOR DISCOVERY (with signature affixed). Signed by Magistrate Judge Sallie Kim on 1/15/2020. (Attachments: # 1 Magistrate Judge Kim's Standing Order)(mklS, COURT STAFF) (Filed on 1/16/2020) (Entered: 01/16/2020)

ORDER Regarding Disputed Protective Order. Signed by Judge Sallie Kim on January 17, 2020. (sklc1S, COURT STAFF) (Filed on 1/17/2020) (Entered: 01/17/2020)

ORDER by Judge Sallie Kim granting 63 Acceleration Bay LLC's Proposed Protective Order. (sklc1S, COURT STAFF) (Filed on 1/23/2020) (Entered: 01/23/2020)

Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Motion to Strike Hearing 52 held and submitted on 2/11/2020. Total Time in Court: 26 minutes. Court Reporter: Pam Hebel. (fs, COURT STAFF) (Date Filed: 2/11/2020) (Entered: 02/28/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14171315.) filed by Epic Games, Inc.. (Attachments: # 1 Certificate of Good Standing)(Kaempf, Jessica) (Filed on 2/12/2020) (Entered: 02/12/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14171315.) filed by Epic Games, Inc.. (Attachments: # 1 Certificate of Good Standing)(Kaempf, Jessica) (Filed on 2/12/2020) (Entered: 02/12/2020)

TRANSCRIPT ORDER for proceedings held on 2/11/2020 (Motion to Strike) before Judge Yvonne Gonzalez Rogers by Epic Games, Inc., for Court Reporter Pam Batalo. (Tomasulo, Michael) (Filed on 2/13/2020) (Entered: 02/13/2020)

TRANSCRIPT ORDER for proceedings held on 02/11/2020 before Judge Yvonne Gonzalez Rogers by Acceleration Bay LLC, for Court Reporter Pam Batalo. (Andre, Paul) (Filed on 2/13/2020) (Entered: 02/13/2020)

ORDER SUSPENDING IN-PERSON APPEARANCES IN RESPONSE TO CORONAVIRUS (COVID-19). Signed by Judge YVONNE GONZALEZ ROGERS on 3/12/2020. (ygrlc3S, COURT STAFF) (Filed on 3/12/2020) (Entered: 03/12/2020)

Acceleration Bay LLC

Epic Games, Inc.