iEntertainment v. Epic Games, Inc.

5:04-cv-00647

Overview

Case Number 5:04-cv-00647

Filing Date 2004-09-07

Status Terminated

Termination Date 2005-12-22

Court District Court, E.D. North Carolina (nced)

Presiding Judge Terrence W. Boyle

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:145 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Midway Games, Inc.

Represented By

3 Attorneys Listed

Jeffrey M. Young

ABB Inc.

Tel: +1 (919) 856-2514

Fax: +1 (919) 856-2500

Legal Department, 940 Main Campus Dr., Suite 200

James C. White

Parry Law Firm

Tel: +1 (919) 246-4676

Fax: +1 (919) 246-9113

100 Europa Drive, Suite 351, Chapel Hill, NC 27517

Gregory J. Murphy

Moore & Van Allen

Tel: +1 (704) 331-1000

Fax: +1 (704) 378-2053

Moore & Van Allen, 100 N. Tryon St., Fl. 47

Sony Corporation of Japan

Represented By

0 Attorneys Listed

No attorneys available

Sony Online Entertainment, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Sony Computer Entertainment America, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Sony Corporation of America

Represented By

0 Attorneys Listed

No attorneys available

Sierra Entertainment, Inc.

Represented By

2 Attorneys Listed

Robert H. Tiller

Helms Mulliss & Wicker, PLLC

Tel: +1 (919) 755-6600

2600 Two Hannover Square, Raleigh, NC 27601

Pressly M. Millen

Womble Bond Dickinson (US) LLP

Tel: +1 (919) 755-2135

One West Fourth Street, Winston-Salem, NC 27101

Valve Corporation

Represented By

1 Attorneys Listed

Pressly M. Millen

Womble Bond Dickinson (US) LLP

Tel: +1 (919) 755-2135

One West Fourth Street, Winston-Salem, NC 27101

Atari, Inc.

Represented By

3 Attorneys Listed

Jeffrey M. Young

ABB Inc.

Tel: +1 (919) 856-2514

Fax: +1 (919) 856-2500

Legal Department, 940 Main Campus Dr., Suite 200

James C. White

Parry Law Firm

Tel: +1 (919) 246-4676

Fax: +1 (919) 246-9113

100 Europa Drive, Suite 351, Chapel Hill, NC 27517

Gregory J. Murphy

Moore & Van Allen

Tel: +1 (704) 331-1000

Fax: +1 (704) 378-2053

Moore & Van Allen, 100 N. Tryon St., Fl. 47

Epic Games, Inc., a Maryland Corporation

Represented By

3 Attorneys Listed

Jeffrey M. Young

ABB Inc.

Tel: +1 (919) 856-2514

Fax: +1 (919) 856-2500

Legal Department, 940 Main Campus Dr., Suite 200

James C. White

Parry Law Firm

Tel: +1 (919) 246-4676

Fax: +1 (919) 246-9113

100 Europa Drive, Suite 351, Chapel Hill, NC 27517

Gregory J. Murphy

Moore & Van Allen

Tel: +1 (704) 331-1000

Fax: +1 (704) 378-2053

Moore & Van Allen, 100 N. Tryon St., Fl. 47

Plaintiff

iEntertainment Network, Inc.

Represented By

2 Attorneys Listed

Robert J. Morris

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP

Tel: +1 (919) 821-1220

P.O. Box 2611, Wells Fargo Capitol Center

Mark A. Ash

McGuireWoods LLP

Tel: +1 (919) 755-6600

Fax: +1 (919) 755-6699

2600 Two Hannover Square, P.O. Box 27507

Court & Judges

Court

District Court, E.D. North Carolina (nced)

Presiding Judge

Terrence W. Boyle

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Complaint filed; patent infringement. JURY DEMAND (iw) (Entered: 09/08/2004)

2004-09-07

View

Filing Fee Paid; FILING FEE $ 150 RECEIPT # 10416806 (iw)

2004-09-07

No Actions

(iw)

2004-09-08

No Actions

Report on the Filing or Determination of an Action Regarding a Patent or Trademark issued to plaintiff for mailing to PTO. (js)

2004-09-10

No Actions

iEntertainment v. Epic Games, Inc.

Overview

Parties

Defendant

Midway Games, Inc. Follow

Represented By

Sony Corporation of Japan Follow

Represented By

Sony Online Entertainment, Inc. Follow

Represented By

Sony Computer Entertainment America, Inc. Follow

Represented By

Sony Corporation of America Follow

Represented By

Sierra Entertainment, Inc. Follow

Represented By

Valve Corporation Follow

Represented By

Atari, Inc. Follow

Represented By

Epic Games, Inc., a Maryland Corporation Follow

Represented By

Plaintiff

iEntertainment Network, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Complaint filed; patent infringement. JURY DEMAND (iw) (Entered: 09/08/2004)

Filing Fee Paid; FILING FEE $ 150 RECEIPT # 10416806 (iw)

(iw)

Report on the Filing or Determination of an Action Regarding a Patent or Trademark issued to plaintiff for mailing to PTO. (js)

Summons(es) issued for Epic Games, Inc., Atari, Inc., Valve Corporation, Sierra Entertainment, Sony Corp. of Americ, Sony Computer Ent., Sony Online Enter. (ai)

Summons(es) REISSUED for Valve Corporation, Sierra Entertainment (ai) Modified on 12/22/2004

Waiver of Service Returned Executed as to Atari, Inc. 12/22/04 (iw) (Entered: 12/28/2004)

Return of service executed as to Valve Corporation, Sierra Entertainment by cert. mail on 12/27/04. (js) (Entered: 01/05/2005)

Motion by Sierra Entertainment to extend time to answer . cy. to MB. (js) (Entered: 01/14/2005)

Motion by Valve Corporation to extend time to answer . cy. to MB. (js) (Entered: 01/14/2005)

Order granting [4-1] motion to extend time to answer, reset answer due for 2/28/05 for Sierra Entertainment signed by Brooks, Acting Clerk. served. (js) (Entered: 01/14/2005)

Order granting [5-1] motion to extend time to answer, reset answer due for 2/28/05 for Valve Corporation signed by Brooks, Acting Clerk. served. (js) (Entered: 01/14/2005)

Notice of voluntary dismissal WITHOUT PREJUDICE as to defendants Sony Corporation of Japan, Sony Corporation of America, Sony Computer Entertainment America, Inc., and Sony Online Entertainment, Inc. (js) (Entered: 01/26/2005)

Motion by Epic Games, Inc., Atari, Inc. to extend time to answer . w/CONSENT. cy. to MB. (js) (Entered: 02/28/2005)

Order granting [9-1] motion to extend time to answer, reset answer due for 3/23/05 for Atari, Inc., for Epic Games, Inc. signed by Brooks, Acting Clerk. served. (js) (Entered: 02/28/2005)

Motion by Sierra Entertainment to extend time to answer . w/consent. cy. to MB. (js) (Entered: 02/28/2005)

Motion by Valve Corporation to extend time to answer . cy. to MB. (js) (Entered: 03/03/2005)

Order granting [11-1] motion to extend time to answer, reset answer due for 3/23/05 for Sierra Entertainment signed by Brooks, Acting Clerk. served. (js) (Entered: 03/03/2005)

Order granting [12-1] motion to extend time to answer, reset answer due for 3/23/05 for Valve Corporation signed by Brooks, Acting Clerk. served. (js) (Entered: 03/03/2005)

Amended complaint by iEntertainment :amends [1-1] complaint. JURY DEMAND. (js) (Entered: 03/12/2005)

Motion by Sierra Entertainment for Rob Tiller and firm of Helms Mulliss & Wicker to withdraw as attorney . cy. to MJ Dever. (js) (Entered: 03/28/2005)

Answer by Epic Games, Inc. to amended complaint (js) (Entered: 03/29/2005)

Answer by Atari, Inc. to amended complaint (js) (Entered: 03/29/2005)

Order granting [16-1] motion for Rob Tiller and firm of Helms Mulliss & Wicker to withdraw as attorney (Terminated attorney Robert H. Tiller for Sierra Entertainment) signed by Dever, MJ. served. (js) (Entered: 03/29/2005)

Counterclaim by defendant Valve Corporation against plaintiff iEntertainment. (js) (Entered: 04/03/2005)

Counterclaim by defendant Sierra Entertainment against plaintiff iEntertainment (js) (Entered: 04/03/2005)

The answer/counterclaim filed on behalf of Sierra Entertainment also appears to be filed on behalf of Sierra Corporation, not listed as a party. (js)

Amended Answer to Amended Complaint by Epic Games, Inc. : amends [17-1] answer to amended complaint. (js) (Entered: 04/18/2005)

Request for Discovery Plan: Discovery Plan due by 6/2/05 (js) (Entered: 04/19/2005)

Answer by iEntertainment to [21-1] counter claim of Sierra Entertainment and Sierra Corporation (not listed as a party) (iw) (Entered: 04/26/2005)

Answer by iEntertainment to [20-1] counter claim by Valve Corp. (iw) (Entered: 04/26/2005)

CONSENT Motion by iEntertainment for protective order . w/proposed protective order. cy. to J. Dever. (js) (Entered: 05/30/2005)

Order granting [26-1] motion for protective order. Paragraph 22 of the parties' proposed protective order is stricken and is substituted with language by the court; signed by Dever, J. served. (iw) (Entered: 06/02/2005)

JOINT Discovery Plan filed by iEntertainment, Epic Games, Inc., Atari, Inc., Valve Corporation. cy. to J. Dever. (js) (Entered: 06/04/2005)

Motion by Sierra Entertainment to amend [21-1] complaint answer, [21-1] counter claim (iw) (Entered: 06/07/2005)

Order on Scheduling by Judge James C. Dever, III setting discovery schedule. Markman briefs are due 12/6/05. Responses to Markman briefs are due 1/10/06. At the close of expert discovery, the parties shall submit a proposed schedule regarding dispositive motions. served. (iw) (Entered: 06/20/2005)

Motion by Epic Games, Inc., Atari, Inc. to extend time to respond to discovery (iw) (Entered: 06/22/2005)

Response by iEntertainment to [31-1] motion to extend time to respond to discovery (js) (Entered: 06/26/2005)

Motion(s) referred: referred [31-1] motion to extend time to respond to discovery to Judge James C. Dever III (js)

Joint motion by iEntertainment, Epic Games, Inc., Atari, Inc., Valve Corporation, Sierra Entertainment to extend time to respond to pending discovery requests and to serve claims charts and prior art statements (iw) (Entered: 06/28/2005)

Order granting [31-1] motion to extend time to respond to discovery. Epic and Atari have through 7/5/05 to respond to discovery requests. signed by Dever, J. served. (js) (Entered: 06/30/2005)

Motion(s) referred: referred [29-1] motion to amend [21-1] complaint answer, [21-1] counter claim to Judge James C. Dever III on 6/30/05. (js)

Order granting [29-1] motion to amend [21-1] complaint answer and [21-1] counter claim signed by Dever, J. served. (iw) (Entered: 07/06/2005)

Amended Counterclaim by defendant Sierra Entertainment against plaintiff iEntertainment (iw) (Entered: 07/08/2005)

Order granting [33-1] joint motion to extend time to respond to pending discovery requests and to serve claims charts and prior art statements signed by Dever, J. served. (iw) (Entered: 07/08/2005)

CONSENT Motion by iEntertainment to extend time to reply to deft. Sierra's First Amended Answer and Counterclaim . cy. to clerk w/prop. order. (js) (Entered: 07/25/2005)

Order granting [38-1] motion to extend time to reply to deft. Sierra's First Amended Answer and Counterclaim. Plaintiff has through August 5, 2005 to file reply; signed by Borch, Clerk. served. (iw) (Entered: 08/01/2005)

Joint motion by Sierra Entertainment, Valve Corporation, iEntertainment to stay litigation as between them only for 30 days cy to J. Boyle (iw) (Entered: 08/03/2005)

Order granting [40-1] joint motion to stay litigation as to defendants Valve Corporation and Sierra Entertainment through 8/30/05. Parties shall file stip. of dismissal w/prejudice as to these defts. by 8/30/05. signed by Boyle, J. served. (js) (Entered: 08/11/2005)

Motion by iEntertainment to compel complete initial disclosures by deft. Atari, for attorney fees (js) (Entered: 08/11/2005)

Memorandum by iEntertainment in support of [42-1] motion to compel complete initial disclosures by deft. Atari, [42-2] motion for attorney fees (js) (Entered: 08/11/2005)

Motion by iEntertainment to compel production of documents by deft. Atari, for attorney fees (js) (Entered: 08/11/2005)

Midway Games, Inc.

Sony Corporation of Japan

Sony Online Entertainment, Inc.

Sony Computer Entertainment America, Inc.

Sony Corporation of America

Sierra Entertainment, Inc.

Valve Corporation

Atari, Inc.

Epic Games, Inc., a Maryland Corporation

iEntertainment Network, Inc.