Fontem Ventures B v. v. NJOY, Inc.

COMPLAINT Receipt No: 0973-14653083 - Fee: $400, filed by Plaintiff Fontem Ventures B.V., Fontem Holdings 1 B.V.. (Attachments: # 1 Exhibit A) (Attorney Joseph P Hamilton added to party Fontem Holdings 1 B.V.(pty:pla), Attorney Joseph P Hamilton added to party Fontem Ventures B.V.(pty:pla))(Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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CIVIL COVER SHEET filed by Plaintiffs Fontem Holdings 1 B.V., Fontem Ventures B.V.. (Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Fontem Holdings 1 B.V., Fontem Ventures B.V.. (Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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NOTICE of Interested Parties filed by Plaintiffs Fontem Holdings 1 B.V., Fontem Ventures B.V., identifying Fontem Ventures B.V.; Fontem Holdings 1 B.V.. (Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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NOTICE of Related Case(s) filed by Plaintiffs Fontem Holdings 1 B.V., Fontem Ventures B.V.. Related Case(s): CV11-0367 GAF (FFMx), CV11-6268 GAF (FFMx), CV12-5454 GAF (FFMx), CV12-5455 GAF (FFMx), CV12-5456 GAF (FFMx), CV12-5462 GAF (FFMx), CV12-5466 GAF (FFMx), CV12-5468 GAF (FFMx), CV12-5470 GAF (FFMx), CV12-5472 GAF (FFMx), CV12-5477 GAF (FFMx), CV12-5482 GAF (FFMx), CV14-1645 GW (MRWx), CV14-1648 GW (MRWx), CV14-1649 GW (MRWx), CV14-1650 GW (MRWx), CV14-1651 GW (MRWx), CV14-1652 GW (MRWx), CV14-1653 GW (MRWx), CV14-1654 GW (MRWx), and CV14-1655 GW (MRWx) (Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fontem Holdings 1 B.V., Fontem Ventures B.V.. (Hamilton, Joseph) (Entered: 10/21/2014)

2014-10-21

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NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Margaret A. Nagle. (ghap) (Entered: 10/22/2014)

2014-10-22

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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 10/22/2014)

2014-10-22

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21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant NJOY, Inc. (ghap) (Entered: 10/22/2014)

2014-10-22

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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Gary A. Feess, for the reasons set forth on this order. Related Case No. CV11-00367 GAF (FFMx). (mg) (Entered: 10/24/2014)

2014-10-22

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ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 14-03. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Margaret M. Morrow for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-08144 MMM(MANx). (rn) (Entered: 10/27/2014)

2014-10-27

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TEXT ONLY ENTRY: Judge Margaret M. Morrow is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at MMM_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 10/29/2014)

2014-10-29

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ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Margaret M. Morrow. Case transferred from Judge Margaret M. Morrow to Judge S. James Otero for all further proceedings. Case number now reads CV14-8144 SJO (MANx). (mg) (Entered: 10/29/2014)

2014-10-29

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INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 10/31/2014)

2014-10-31

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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV14-01645 GW (MRWx). Case transferred from Magistrate Judge Margaret A. Nagle and Judge S. James Otero to Judge George H. Wu and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge CV14-08144 GW (MRWx). Signed by Judge George H. Wu. (mg) Modified on 11/24/2014 (mg). (Entered: 11/24/2014)

2014-11-20

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First AMENDED COMPLAINT against Defendants NJOY, Inc. amending Complaint (Attorney Civil Case Opening), 1, filed by Plaintiffs Fontem Ventures B.V., Fontem Holdings 1 B.V. (Attachments: # 1 Exhibit A-B)(Hamilton, Joseph) (Entered: 11/25/2014)

2014-11-25

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Fontem Holdings 1 B.V., Fontem Ventures B.V.. (Hamilton, Joseph) (Entered: 11/25/2014)

2014-11-25

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TEXT ONLY ENTRY (IN CHAMBERS) TRANSFER OF CASE TO JUDGE WU AND ORDER SETTING STATUS CONFERENCE by Judge George H Wu; This action has been reassigned to the Honorable George H. Wu, U.S. District Judge and the Honorable Michael R. Wilner, U.S. Magistrate Judge. The Court ADVANCES the Status Conference previously scheduled for January 21, 2015 to December 15, 2014 at 8:30 a.m. Plaintiffs counsel will give notice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 11/26/2014)

2014-11-26

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Standing Order Re Final Pre-Trial Conference for Civil jury Trials Before Judge George H. Wu. (See document for details) (bp) (Entered: 11/26/2014)

2014-11-26

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NOTICE of Appearance filed by attorney Richard T Mulloy on behalf of Defendant NJOY, Inc. (Attorney Richard T Mulloy added to party NJOY, Inc.(pty:dft))(Mulloy, Richard) (Entered: 12/12/2014)

2014-12-12

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NOTICE of Appearance filed by attorney John Allcock on behalf of Defendant NJOY, Inc. (Attorney John Allcock added to party NJOY, Inc.(pty:dft))(Allcock, John) (Entered: 12/12/2014)

2014-12-12

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NOTICE of Appearance filed by attorney Brent Kevin Yamashita on behalf of Defendant NJOY, Inc. (Attorney Brent Kevin Yamashita added to party NJOY, Inc.(pty:dft))(Yamashita, Brent) (Entered: 12/12/2014)

2014-12-12

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STIPULATION Extending Time to Answer the complaint as to NJOY, Inc. answer now due 1/7/2015, re Amended Complaint 16 filed by Defendant NJOY, Inc.. (Attachments: # 1 Proposed Order)(Mulloy, Richard) (Entered: 12/12/2014)

2014-12-12

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NOTICE of Interested Parties filed by Defendant NJOY, Inc., identifying NJOY, Inc.. (Mulloy, Richard) (Entered: 12/12/2014)

2014-12-12

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MINUTES OF STATUS CONFERENCE: Status Conference held before Judge George H. Wu: Court and counsel confer re consolidation and scheduling of all three sets of pending cases. Defendants will have until noon on December 18, 2014 to file a request to continue the Markman Hearing set for January 22, 2015 in Fontem Ventures, B.V., et al. v. NJOY, Inc., et al., CV 14-1645-GW(MRWx), and related actions (first set). Plaintiffs will file a response by close of business on December 22, 2014. Counsel will advise (1) whether parties agree to consolidation and (2) proposed dates re Markman Hearing. Court will issue its ruling.Court Reporter: Katie Thibodeaux. (shb) (Entered: 12/16/2014)

2014-12-15

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ORDER GRANTING STIPULATION EXTENDING DEFENDANTS TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT by Judge George H. Wu, re Stipulation Extending Time to Answer (30 days or less) 23 . IT IS HEREBY ORDERED that the Stipulation Extending Defendants TimeTo Answer Or Otherwise Respond To Plaintiffs First Amended Complaint is GRANTED. Defendant shall have until January 7, 2015 to file an answer or otherwise respond to Plaintiffs First Amended Complaint (pj) (Entered: 12/18/2014)

2014-12-17

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MINUTE ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO CONSOLIDATE AND CONTINUE THE CASE SCHEDULE IN CHAMBERS by Judge George H. Wu:,Therefore, the Court rules as follows: The first wave cases are consolidated with each other under Case No. CV 14-01645. The second and third wave cases are consolidated with each other under Case No. CV14-8144. These are: Fontem Ventures, B.V. v. NJOY, Inc., CV14-8144;Fontem Ventures, B.V. v. CB Distributors, Inc., CV14-8154; Fontem Ventures, B.V. v. Vapor Corp., CV14-8155; Fontem Ventures, B.V. v. FIN Branding Group, LLC, CV14-8156; Fontem Ventures, B.V. v. Ballantyne Brands, LLC, CV14-8157; Fontem Ventures, B.V. v. Spark Industries, LLC, CV14-8158; Fontem Ventures, B.V. v. Logic Technology Development LLC, CV14-8160; Fontem Ventures, B.V. v. VMR Products, LLC, CV14-8161; Fontem Ventures, B.V. v. NJOY, Inc., CV14-09263; Fontem Ventures, B.V. v. CB Distributors, Inc., CV14-09266; Fontem Ventures, B.V. v. Vapor Corp., CV14-09267; Fontem Ventures, B.V. v. FIN Branding Group, LLC, CV14-09268; Fontem Ventures, B.V. v. Ballantyne Brands, LLC, CV14-09269 ; Fontem Ventures, B.V. v. Spark Industries, LLC, CV14-09270 ; Fontem Ventures, B.V. v. Logic Technology Development LLC, CV14-09271 ;Fontem Ventures, B.V. v. VMR Products, LLC, CV14-09273 (SEE ATTACHED FOR FURTHER DETAILS) The Court sets a scheduling conference for CV14-8144 on January 22, 2015 at 8:30 a.m., to coincide with the claim construction hearing in CV 14-01645. In their Joint Rule 26(f) Report, which shall be filed no later than January 15, 2015. Plaintiff shall serve infringement contentions in the consolidated second and third wave cases, CV14-8144, no later than January 12, 2015. Cases associated with Lead Case 2:14-cv-8144-GW(MRWx). (pj) (Entered: 01/02/2015)

2014-12-23

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ANSWER to Amended Complaint 16 JURY DEMAND. Answer and Counterclaims to Plaintiffs' First Amended Complaint for Patent Infringement filed by Defendant NJOY, Inc..(Mulloy, Richard) (Entered: 01/07/2015)

2015-01-07

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NJOY, INC's Answer and COUNTERCLAIM TO PLAINTIFFS' FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Counter Defendants Fontem Holdings 1 B.V., Fontem Ventures B.V.; Jury Demand, filed by Counterclaimant NJOY, Inc. (shb) (Entered: 01/08/2015)

2015-01-07

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TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; The time to appear at the Scheduling Conference, set for January 22, 2015, has changed from 8:30 to 9:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 01/13/2015)

2015-01-13

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ANSWER to Amended Complaint 16 filed by Defendant Vapor Corp..(Reza, Iman) (Entered: 01/14/2015)

2015-01-14

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ANSWER to Amended Complaint 16 filed by Defendant Vapor Corp..(Attorney Iman Reza added to party Vapor Corp.(pty:dft))(Reza, Iman) (Entered: 01/15/2015)

2015-01-15

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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Disputed, filed by Plaintiffs Fontem Holdings 1 B.V., Fontem Ventures B.V... (Hamilton, Joseph) (Entered: 01/15/2015)

2015-01-15

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TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; The Court has received the Joint Report Rule 26(f) Discovery Plan 33, in connection with the hearing set for January 22, 2015. Parties are ordered to submit by no later than Tuesday, January 20, 2015, (1) a Word version of Exhibit A attached to the report, and (2) a similar chart, again in Word, setting out the parties' positions on the disputed discovery parameters, with a column for the Court's order. Word documents will be sent to the court clerk at javier_gonzalez@cacd.uscourts.gov. Plaintiffs will give notice. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY (Entered: 01/16/2015)

2015-01-16

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ANSWER TO FIRST AMENDED COMPLAINT filed by Defendants CB Distributors, Inc., DR Distributors, LLC.(Attorney Nicole M Smith added to party CB Distributors, Inc.(pty:dft), Attorney Nicole M Smith added to party DR Distributors, LLC(pty:dft))(Smith, Nicole) (Entered: 01/16/2015)

2015-01-16

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ANSWER TO FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT filed by Defendants CB Distributors, Inc., DR Distributors, LLC.(Smith, Nicole) (Entered: 01/16/2015)

2015-01-16

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CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendants CB Distributors, Inc., DR Distributors, LLC identifying n/a as Corporate Parent. (Smith, Nicole) (Entered: 01/16/2015)

2015-01-16

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NOTICE of Interested Parties filed by Defendant Logic Technology Development LLC, identifying LOGIC TECHNOLOGY DEVELOPMENT LLC. (Attorney Victor De Gyarfas added to party Logic Technology Development LLC(pty:dft))(De Gyarfas, Victor) (Entered: 01/21/2015)

2015-01-21

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NOTICE of Interested Parties filed by Defendant Logic Technology Development LLC, identifying LOGIC TECHNOLOGY DEVELOPMENT LLC. (De Gyarfas, Victor) (Entered: 01/21/2015)

2015-01-21

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MINUTES OF Scheduling Conference held before Judge George H. Wu held before Judge George H. Wu: Court and counsel confer. The Court adopts the attached Order re Disputes in Joint Scheduling Conference Report as its Final Order. Parties are advised that all subsequent filings will now be filed under Fontem Ventures, B.V., et al. v. NJOY, Inc., et al., CV 14-1645-GW(MRWx). Counsel will be required to file a Notice of Appearance in order to receive electronic service of all subsequent filings. The Courts Tentative Rulings on Claims Construction is also circulated and attached hereto. Court hears oral argument. For reasons stated on the record, the Claims Construction Hearing is TAKEN UNDER SUBMISSION. Court to issue its ruling. Court Reporter: Katie Thibodeaux.Court Reporter: Katie Thibodeaux. (pj) (Entered: 01/26/2015)

2015-01-22

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Fontems' ANSWER to Counterclaim 29 filed by Plaintiffs and Counter-Defendants Fontem Holdings 1 B.V., Fontem Ventures B.V..(Hamilton, Joseph) (Entered: 02/03/2015)

2015-02-03

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Fontems ANSWER to Counterclaim Vapor (14-8155) filed by Plaintiffs and Counter-Defendants Fontem Holdings 1 B.V., Fontem Ventures B.V.(a Netherlands company).(Hamilton, Joseph) (Entered: 02/09/2015)

2015-02-09

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Fontems ANSWER to Counterclaim Vapor (14-9267) filed by Plaintiffs and Counter-Defendants Fontem Holdings 1 B.V., Fontem Ventures B.V.(a Netherlands company).(Hamilton, Joseph) (Entered: 02/09/2015)

2015-02-09

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APPLICATION for attorney CAROLINE C. MAXWELL to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15227815 paid.) filed by defendant Vapor Corp.. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in Pro Hac Vice)(Reza, Iman) (Entered: 02/18/2015)

2015-02-18

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ORDER by Judge George H. Wu: granting 44 Application to Appear Pro Hac Vice by Attorney Caroline C. Maxwell on behalf of Defendant Vapor Corp, designating Iman Reza as local counsel. (lt) (Entered: 02/24/2015)

2015-02-23

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STIPULATION to Dismiss Defendant and Counterclaimant NJOY, Inc. filed by Plaintiffs and Counter-Defendants Fontem Holdings 1 B.V., Fontem Ventures B.V.. (Attachments: # 1 Proposed Order)(Wise, Michael) (Entered: 11/13/2015)

2015-11-13

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ORDER DISMISSING CASE by Judge George H. Wu: In light of the Joint Stipulation of Dismissal by Plaintiffs Fontem Ventures B.V. and Fontem Holdings 1 B.V. (together, "Fontem") and Defendant NJOY, Inc. ("NJOY"), the Court hereby ORDERS as follows: 1. All claims and counterclaims between Fontem and NJOY in Case No.CV14-8144 shall be dismissed without prejudice. 2. Fontem and NJOY shall each bear its own fees and costs. 3. The Court shall retain jurisdiction of this case for the sole purpose of enforcing the Settlement Agreement between Fontem and NJOY. IT IS SO ORDERED. Case Terminated. Made JS-6. (cr) (Entered: 11/17/2015)

2015-11-16

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Joint STIPULATION to Dismiss Defendant/Counterclaimant Vapor Corp. filed by Plaintiff/Counter-Defendant Fontem Ventures B.V.(a Netherlands company), Fontem Holdings 1 B.V.. (Attachments: # 1 Proposed Order)(Wise, Michael) (Entered: 12/17/2015)

2015-12-17

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ORDER GRANTING DISMISSAL by Judge George H. Wu: In light of the Joint Stipulation of Dismissal by Plaintiffs Fontem Ventures B.V. and Fontem Holdings 1 B.V. (together, "Fontem") and Defendant Vapor Corp. ("Vapor"), the Court hereby ORDERS as follows: 1. All claims and counterclaims between Fontem and Vapor in Case No. CV14-8144 shall be dismissed without prejudice. 2. Fontem and Vapor shall each bear its own fees and costs. 3. The Court shall retain jurisdiction of this case for the sole purpose of enforcing the Settlement Agreement between Fontem and Vapor. IT IS SO ORDERED. (cr) (Entered: 12/21/2015)

2015-12-18

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Stipulation and Order

2016-01-07

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Receipt for Release of Exhibits to Counsel upon Verdict/Judgment at Trial (G-38)

2016-01-27

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Order

2016-01-27

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Order

2016-01-27

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Stipulation and Order

2016-04-07

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Report of Determination of Patent/Trademark Action (CLOSE) (AO 120)

2016-04-07

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Overview

Parties

Defendant

v. NJOY, Inc.

Represented By

Plaintiff