Infernal Technology LLC v. Activision Blizzard Inc

COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

2

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

2

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

2

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

2

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

2

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COMPLAINT WITH JURY DEMAND against Activision Blizzard Inc. filed by Infernal Technology, LLC, Terminal Reality, Inc.. (Filing fee $400; Receipt number 0539-9224807) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Cover Sheet) (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Infernal Technology, LLC, Terminal Reality, Inc.. (Buether, Eric) (Entered: 05/31/2018)

2018-05-31

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NOTICE of Attorney Appearance by Christopher M Joe on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Joe, Christopher) (Entered: 05/31/2018)

2018-05-31

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NOTICE of Attorney Appearance by Michael David Ricketts on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Ricketts, Michael) (Entered: 05/31/2018)

2018-05-31

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NOTICE of Attorney Appearance by Blake William Buether on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Buether, Blake) (Entered: 05/31/2018)

2018-05-31

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NOTICE of Attorney Appearance by Michael Clayton Pomeroy on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Pomeroy, Michael) (Entered: 05/31/2018)

2018-05-31

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New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (epm) (Entered: 06/01/2018)

2018-05-31

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Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (epm) (Entered: 06/01/2018)

2018-06-01

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Summons Issued as to Activision Blizzard Inc. (epm) (Entered: 06/01/2018)

2018-06-01

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Chief Judge Barbara M.G. Lynn added pursuant to Special Order 3-287. Judge Sidney A Fitzwater no longer assigned to case. (ewd)

2018-06-01

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No Actions

SUMMONS Returned Executed as to Activision Blizzard Inc ; served on 6/4/2018. (Buether, Eric) (Entered: 06/08/2018)

2018-06-08

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Agreed Motion for Extension of Time to File Answer to Plaintiff's Complaint filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Blake) Modified text on 6/21/2018 (mcrd/ala). (Entered: 06/20/2018)

2018-06-20

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ORDER granting 11 Motion for Extension of Time to File Answer re 1 Complaint. Activision Blizzard Inc answer due 7/23/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 6/22/2018) (axm) (Entered: 06/22/2018)

2018-06-22

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Unopposed Motion for Extension of Time to File Answer filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order)Attorney Melissa Richards Smith added to party Activision Blizzard Inc(pty:dft) (Smith, Melissa) (Entered: 07/18/2018)

2018-07-18

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Unopposed Motion for Extension of Time to File Answer filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order)Attorney Melissa Richards Smith added to party Activision Blizzard Inc(pty:dft) (Smith, Melissa) (Entered: 07/18/2018)

2018-07-18

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ORDER granting 13 Motion for Extension of Time to File Answer re 1 Complaint. Activision Blizzard Inc answer due 8/22/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 7/20/2018) (zkc) (Entered: 07/20/2018)

2018-07-20

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MOTION FOR WAIVER OF THE LOCAL COUNSEL REQUIREMENT filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) Modified on 8/7/2018 (chmb). (Entered: 07/31/2018)

2018-07-31

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Joint STIPULATION REGARDING U.S. PATENT NOS. NOS. 6,362,822 AND 7,061,488 by Activision Blizzard Inc. (Smith, Melissa) (Entered: 08/22/2018)

2018-08-22

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ANSWER to 1 Complaint filed by Activision Blizzard Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Smith, Melissa) (Entered: 08/22/2018)

2018-08-22

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Activision Blizzard Inc. (Smith, Melissa) (Entered: 08/22/2018)

2018-08-22

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ORDER: Before the Court is Defendant's Unopposed Motion to Proceed Without Local Counsel. (ECF No. 15 ). The Motion is GRANTED. Defendant may proceed in this action without local counsel. (Ordered by Chief Judge Barbara M.G. Lynn on 8/27/2018) (sss) (Entered: 08/27/2018)

2018-08-27

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ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER FOR PATENT CASE: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer as soon as practicable, but in any event no later than 10/3/2018. Joint Report due by 10/10/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 9/19/2018) (Attachments: # 1 Rule 16 Scheduling Conference, # 2 Consent Form) (ykp) (Entered: 09/19/2018)

2018-09-19

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9465303) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney David W Morehan added to party Activision Blizzard Inc(pty:dft) (Morehan, David) (Entered: 09/20/2018)

2018-09-20

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9465383) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Palak J Shah added to party Activision Blizzard Inc(pty:dft) (Shah, Palak) (Entered: 09/20/2018)

2018-09-20

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9465478) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Basil Trent Webb added to party Activision Blizzard Inc(pty:dft) (Webb, Basil) (Entered: 09/20/2018)

2018-09-20

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9467123) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney John D Garretson added to party Activision Blizzard Inc(pty:dft) (Garretson, John) (Entered: 09/21/2018)

2018-09-21

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VACATED PER 26 ELECTRONIC ORDER ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, Defendant, Activision Blizzard Inc, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result defendants pleadings being stricken and default taken against that defendant without further notice. (Ordered by Chief Judge Barbara M.G. Lynn on 9/24/2018) (chmb) Modified on 9/24/2018 (rekc). (Entered: 09/24/2018)

2018-09-24

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ELECTRONIC ORDER: The Court's Electronic Order requiring Local Counsel, entered on 9/24/2018, is hereby VACATED. (Ordered by Chief Judge Barbara M.G. Lynn on 9/24/2018) (chmb) (Entered: 09/24/2018)

2018-09-24

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ORDER granting 24 Application for Admission Pro Hac Vice of John D. Garretson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) Modified date filed and signed on 9/27/2018 (rekc). (Entered: 09/27/2018)

2018-09-25

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ORDER granting 21 Application for Admission Pro Hac Vice of David Morehan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

2018-09-25

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ORDER granting 22 Application for Admission Pro Hac Vice of Palak Shah. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

2018-09-25

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ORDER granting 23 Application for Admission Pro Hac Vice of B. Trent Webb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

2018-09-25

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NOTICE of Attorney Appearance by Niknaz Bukovcan on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Bukovcan, Niknaz) (Entered: 10/10/2018)

2018-10-10

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Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Exhibit A - Proposed Scheduling Order, # 2 Exhibit B - Proposed Discovery Order, # 3 Exhibit C - Proposed ESI Order, # 4 Exhibit D - Proposed Protective Order) (Buether, Eric) (Entered: 10/10/2018)

2018-10-10

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NOTICE of Compliance Regarding Plaintiffs' Initial and Additional Disclosures filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 10/26/2018)

2018-10-26

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NOTICE of Compliance Regarding Initial Disclosures filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 10/29/2018)

2018-10-29

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NOTICE of Attorney Appearance by Kenneth P Kula on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Kula, Kenneth) (Entered: 10/29/2018)

2018-10-29

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NOTICE of Compliance Regarding Plaintiffs' Disclosure of Asserted Claims and Preliminary Infringement Contentions filed by Infernal Technology LLC, Terminal Reality Inc (Ricketts, Michael) (Entered: 11/02/2018)

2018-11-02

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ORDER SETTING RULE 16 CONFERENCE: Scheduling Conference set for 12/4/2018 09:00 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 11/5/2018) (zkc) (Entered: 11/06/2018)

2018-11-05

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PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M.G. Lynn on 11/5/2018) (zkc) (Entered: 11/06/2018)

2018-11-05

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Designation of Mediator by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 11/16/2018)

2018-11-16

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MEDIATION ORDER. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Hon. David Folsomis appointed Mediator. Deadline for mediation is on or before 1/31/2020. (Ordered by Chief Judge Barbara M.G. Lynn on 11/26/2018) (epm) (Entered: 11/27/2018)

2018-11-26

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MOTION to Compel Answers to Interrogatories filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 11/27/2018)

2018-11-27

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 40 MOTION to Compel Answers to Interrogatories (Buether, Eric) (Entered: 11/27/2018)

2018-11-27

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MOTION to Compel Responses to Document Requests filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 11/28/2018)

2018-11-28

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 43 MOTION to Compel Responses to Document Requests (Attachments: # 1 Declaration of Eric W. Buether, # 2 Exhibits A-D, # 3 Exhibit E-1, # 4 Exhibit E-2) (Buether, Eric) (Entered: 11/28/2018)

2018-11-28

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NOTICE of Attorney Appearance by Sharon A Israel on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Israel, Sharon) (Entered: 11/29/2018)

2018-11-29

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Order Referring 40 MOTION to Compel Answers to Interrogatories. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 11/29/2018) (aaa) (Entered: 11/30/2018)

2018-11-29

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Order Referring 43 MOTION to Compel Responses to Document Requests. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 11/29/2018) (aaa) (Entered: 11/30/2018)

2018-11-29

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NOTICE of Attorney Appearance by William Robert Lamb on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Lamb, William) (Entered: 12/03/2018)

2018-12-03

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ELECTRONIC Minute Entry for Rule 16 Conference held on December 4, 2018, before Chief Judge Barbara M.G. Lynn: Attorney Appearances: Eric Buether and Niky Bagley appeared for Plaintiffs; John Garretson, Sharon Israel, Palak Shah, and Bobby Lamb appeared for Defendant. For the reasons stated on the record, Plaintiffs' Motion to Compel Answers to Interrogatories (ECF No. 40) and Plaintiffs' Motion to Compel Responses to Document Requests (ECF No. 43) are no longer referred to Magistrate Judge Rebecca Rutherford. Further, the parties are directed to submit an agreed proposed scheduling order, or seperate proposed scheduling orders outlining the reasons for disagreement, by December 14, 2018. (Court Reporter: Keith Johnson) Time of hearing - 1:00. (chmb) (Entered: 12/04/2018)

2018-12-04

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Motions no longer referred per 49 Minute Entry: 43 MOTION to Compel Responses to Document Requests, 40 MOTION to Compel Answers to Interrogatories. (axm)

2018-12-04

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No Actions

DISCOVERY ORDER (Ordered by Chief Judge Barbara M.G. Lynn on 12/6/2018) (ykp) (Entered: 12/06/2018)

2018-12-06

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ORDER REGARDING E-DISCOVERY. (Ordered by Chief Judge Barbara M.G. Lynn on 12/6/2018) (zkc) (Entered: 12/06/2018)

2018-12-06

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MOTION Joint Motion for Entry of Proposed Scheduling Order re 49 Scheduling Conference,,, 20 Order for Scheduling Order Proposal,, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order (Proposed Scheduling Order)) (Bukovcan, Niknaz) (Entered: 12/14/2018)

2018-12-14

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Joint Notice of Agreed Technical Advisor re: 32 Status Report, 20 Order for Scheduling Order Proposal filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 12/17/2018)

2018-12-17

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NOTICE of Joint Notice of Agreed Technical Advisor (Don Tiller) re: 32 Status Report, 20 Order for Scheduling Order Proposal,, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 01/10/2019)

2019-01-10

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JOINT MOTION FOR ENTRY OF PROPOSED SCHEDULING ORDER filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Bukovcan, Niknaz) Modified title on 1/11/2019 (ctf). (Entered: 01/11/2019)

2019-01-11

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RESPONSE filed by Activision Blizzard Inc re: 43 MOTION to Compel Responses to Document Requests (Attachments: # 1 Cover Sheet Appendix Cover, # 2 Appendix, # 3 Proposed Order) (Smith, Melissa) (Entered: 01/11/2019)

2019-01-11

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RESPONSE filed by Activision Blizzard Inc re: 40 MOTION to Compel Answers to Interrogatories (Attachments: # 1 Cover Sheet Appendix Cover, # 2 Appendix, # 3 Proposed Order) (Smith, Melissa) (Entered: 01/11/2019)

2019-01-11

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(Document Restricted) Sealed Appendix in Support re: 57 Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Sealed Appendix) (Smith, Melissa) (Entered: 01/11/2019)

2019-01-11

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Notice of Filing of Official Electronic Transcript of Rule 16 Conference Proceedings held on December 4, 2018 before Judge Lynn. Court Reporter/Transcriber D. Keith Johnson, Telephone number 214-753-2325. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (46 pages) Redaction Request due 2/4/2019. Redacted Transcript Deadline set for 2/14/2019. Release of Transcript Restriction set for 4/15/2019. (dkj) (Entered: 01/14/2019)

2019-01-14

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PATENT SCHEDULING ORDER: Jury Trial set for Court's three-week docket beginning 1/25/2021 at 9:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 3/29/2019. Amended Pleadings due by 3/29/2019. Motions due by 9/27/2020. Markman Hearing set for 8/16/2019 at 1:00 PM before Chief Judge Barbara M.G. Lynn. Discovery due by 5/29/2020. Factual Discovery due by 9/11/2020. Settlement Status Report due by 1/17/2020. Pretrial Order due by 11/13/2020. Pretrial Materials due by 11/13/2020. Pretrial Conference set for 1/22/2021 at 9:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 1/15/2019) (aaa) (Entered: 01/15/2019)

2019-01-15

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MOTION for Extension of Time to File Response/Reply to 56 Response/Objection, 57 Response/Objection, 43 MOTION to Compel Responses to Document Requests, 40 MOTION to Compel Answers to Interrogatories filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Blake) (Entered: 01/24/2019)

2019-01-24

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ORDER granting 61 Motion to Extend the Deadline to File Replies in Support of their 40 Motion to Compel Answers to Interrogatories and 43 Motion to Compel Responses to Document Requests. Replies due by 2/1/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 1/25/2019) (zkc) (Entered: 01/25/2019)

2019-01-25

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ORDER: Markman Hearing set for 8/16/2019 01:00 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. Don Tiller is appointed as the Courts' technical advisor in all cases, with one half of his fees and expenses to be assessed to Plaintiff and one half of his fees and expenses to be divided amongst Defendants. (Ordered by Chief Judge Barbara M.G. Lynn on 2/1/2019) (zkc) (Main Document 63 replaced on 2/1/2019 to correct e-mail address of Mr. Tiller) (ctf). (Entered: 02/01/2019)

2019-02-01

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REPLY filed by Infernal Technology LLC, Terminal Reality Inc re: 40 MOTION to Compel Answers to Interrogatories (Buether, Eric) (Entered: 02/03/2019)

2019-02-03

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(Document Restricted) Sealed Appendix in Support re: 64 Reply (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 02/03/2019)

2019-02-03

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REPLY filed by Infernal Technology LLC, Terminal Reality Inc re: 43 MOTION to Compel Responses to Document Requests (Buether, Eric) (Entered: 02/04/2019)

2019-02-04

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 66 Reply (Buether, Eric) (Entered: 02/04/2019)

2019-02-04

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(Document Restricted) Sealed Appendix in Support re: 67 Appendix in Support (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 02/04/2019)

2019-02-04

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NOTICE of Defendant's Request For Oral Argument re: 40 MOTION to Compel Answers to Interrogatories and 43 MOTION to Compel Responses to Document Requests filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 02/08/2019)

2019-02-08

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ORDER: 43 MOTION to Compel Responses to Document Requests and 40 MOTION to Compel Answers to Interrogatories are hereby REFERRED to Magistrate Judge Rebecca Rutherford for a hearing, if necessary, and recommendation or determination. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 2/11/2019) (mla) (Entered: 02/11/2019)

2019-02-11

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NOTICE of Attorney Appearance by Jonathan Michael Hernandez on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Hernandez, Jonathan) (Entered: 02/13/2019)

2019-02-13

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ORDER REQUIRING JOINT STATUS REPORT AND SETTING HEARING: Status Report due by 3/5/2019. Motion Hearing set for 3/11/2019 02:00 PM before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 2/15/2019) (rekc) (Entered: 02/15/2019)

2019-02-15

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VACATED per 142 Order AMENDED PATENT SCHEDULING ORDER: Jury Trial set for three-week docket beginning 1/25/2021 09:00 AM before Chief Judge Barbara M.G. Lynn. Joinder of Parties due by 3/29/2019. Amended Pleadings due by 3/29/2019. Motions due by 9/27/2020. All Factual Discovery due by 5/29/2020. All Expert Discovery due by 9/11/2020. Settlement Status Report due by 1/17/2020. Pretrial Order due by 11/13/2020. Pretrial Materials due by 11/13/2020. Pretrial Conference set for 1/22/2021 09:00 AM before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 2/27/2019) (mla) Docket text modified on 5/19/2020 (twd). (Entered: 02/28/2019)

2019-02-27

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Joint MOTION to Extend Time to File Joint Status Report Pursuant to Dkt 72 filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Ricketts, Michael) (Entered: 03/05/2019)

2019-03-05

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ORDER granting 74 Motion to Extend Time. Joint Status Report due by 3/8/2019 at 3:00 PM. (Ordered by Magistrate Judge Rebecca Rutherford on 3/6/2019) (mla) (Entered: 03/06/2019)

2019-03-06

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Joint STATUS REPORT filed by Infernal Technology LLC, Terminal Reality Inc. (Buether, Eric) (Entered: 03/08/2019)

2019-03-08

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(Document Restricted) Sealed Appendix in Support re: 76 Status Report (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 03/08/2019)

2019-03-08

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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Motion Hearing held on 3/11/2019. Re: 43 MOTION to Compel Responses to Document Requests and 40 MOTION to Compel Answers to Interrogatories. Attorney Appearances: Plaintiff - Eric Buether, Blake Beuther; Defense - John Garretson, Jonathan Hernandez, Sharon Israel. (Court Reporter: Digital File) (No exhibits) Time in Court - 1:41. (mcrd) (Entered: 03/11/2019)

2019-03-11

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Notice of Filing of Official Electronic Transcript of Motions to Compel (#40, #43) Proceedings held on 03/11/2019 before Judge Rebecca Rutherford. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (88 pages). Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (Rehling, Kathy) (Entered: 03/13/2019)

2019-03-13

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MOTION for Claim Construction Briefing Schedule filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 03/21/2019)

2019-03-21

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ORDER granting 80 Joint Motion for Claim Construction Briefing Schedule. (Ordered by Chief Judge Barbara M.G. Lynn on 3/26/2019) (aaa) (Entered: 03/26/2019)

2019-03-26

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ORDER granting in part and denying in part 40 Motion to Compel; granting 43 Motion to Compel. (See order for specifics.) (Ordered by Magistrate Judge Rebecca Rutherford on 3/28/2019) (epm) (Entered: 03/28/2019)

2019-03-28

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NOTICE of Compliance Regarding P.R. 4-2 Disclosures filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 06/03/2019)

2019-06-03

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NOTICE of Compliance Regarding P.R. 4-2 Disclosures filed by Infernal Technology LLC, Terminal Reality Inc (Pomeroy, Michael) (Entered: 06/03/2019)

2019-06-03

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NOTICE of Joint Claim Construction and Prehearing Statement filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A) (Pomeroy, Michael) (Entered: 06/07/2019)

2019-06-07

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Joint MOTION to Extend Deadlines of Supplemental Infringement Contentions and Invalidity Contentions filed by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 06/13/2019)

2019-06-13

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ORDER granting 86 Joint Motion to Extend Deadlines. (Ordered by Chief Judge Barbara M.G. Lynn on 6/14/2019) (aaa) (Entered: 06/14/2019)

2019-06-14

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NOTICE of Compliance Regarding Technical Tutorial filed by Activision Blizzard Inc. (Smith, Melissa) (Entered: 06/27/2019)

2019-06-27

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NOTICE of Compliance Regarding Technical Tutorial re: 73 Scheduling Order filed by Infernal Technology LLC, Terminal Reality Inc (Pomeroy, Michael) (Entered: 06/27/2019)

2019-06-27

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DEFENDANTS' OPENING CLAIM CONSTRUCTION BRIEF filed by Activision Blizzard Inc (Smith, Melissa) Modified docket text on 7/2/2019 (ali). (Entered: 06/27/2019)

2019-06-27

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Appendix in Support filed by Activision Blizzard Inc re 90 Brief/Memorandum in Support of Motion (Smith, Melissa) (Entered: 06/27/2019)

2019-06-27

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(Document Restricted) Notice of Sealed Additional Attachment/Sealed Appendix (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit(s) Sealed Appendix) (Smith, Melissa) (Entered: 06/27/2019)

2019-06-27

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PLAINTIFFS' OPENING CLAIM CONSTRUCTION BRIEF filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 06/27/2019)

2019-06-27

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re: 93 PLAINTIFFS' OPENING CLAIM CONSTRUCTION BRIEF. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Buether, Eric) (Entered: 06/27/2019)

2019-06-27

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RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by Activision Blizzard Inc (Attachments: # 1 Appendix In Support of Brief) (Smith, Melissa) (Entered: 07/18/2019)

2019-07-18

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RESPONSE filed by Infernal Technology LLC, Terminal Reality Inc re: 90 Brief/Memorandum in Support of Motion (Buether, Eric) (Entered: 07/19/2019)

2019-07-19

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 96 Response/Objection (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M) (Buether, Eric) (Entered: 07/19/2019)

2019-07-19

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Joint Motion to Extend Deadlines filed by Infernal Technology LLC, Terminal Reality Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/19/2019)

2019-07-19

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ORDER granting 98 Joint Motion to Extend Deadlines. (Ordered by Chief Judge Barbara M. G. Lynn on 7/23/2019) (aaa) (Entered: 07/23/2019)

2019-07-23

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Unopposed MOTION to Withdraw as Attorney Blake W. Buether filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Blake) (Entered: 07/29/2019)

2019-07-29

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ORDER granting 100 Motion to Withdraw as Attorney. Attorney Blake William Buether terminated. (Ordered by Chief Judge Barbara M. G. Lynn on 7/30/2019) (ndt) (Entered: 07/30/2019)

2019-07-30

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NOTICE of Joint Claim Construction Chart filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A - Joint Claim Construction Chart) (Pomeroy, Michael) (Entered: 07/30/2019)

2019-07-30

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NOTICE of Filing Hearing Presentation filed by Activision Blizzard Inc (Attachments: # 1 Markman Presentation) (Smith, Melissa) (Entered: 08/19/2019)

2019-08-19

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NOTICE of Filing Hearing Presentation filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Plaintiffs' Markman Presentation) (Pomeroy, Michael) (Entered: 08/19/2019)

2019-08-19

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Claim Construction Memorandum Opinion and Order. (Ordered by Chief Judge Barbara M. G. Lynn on 9/6/2019) (rekc)

2019-09-06

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ORDER: The Court previously appointed Donald E. Tiller as technical advisor in this case as well as two related cases, with his costs to be assessed equally between Plaintiffs and Defendants. (ECF No. 75 ). It is ORDERED that payment be promptly made to Mr. Tiller within 30 days of this Order as follows. Plaintiffs and Defendant are further ORDERED to separately file a Notice with the Court indicating when each sides payment has been made. (Ordered by Chief Judge Barbara M. G. Lynn on 9/9/2019) (ndt) (Entered: 09/09/2019)

2019-09-09

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NOTICE of Payment to Technical Advisor filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 10/04/2019)

2019-10-04

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NOTICE of Plaintiffs Payment to Technical Advisor re: 106 Order filed by Infernal Technology LLC, Terminal Reality Inc (Joe, Christopher) (Entered: 10/08/2019)

2019-10-08

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(Document Restricted) Plaintiff's Motion to Compel Defendant to Produce Source Code for Call of Duty: WWII (Sealed pursuant to order dated 11/6/2019) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 11/15/2019)

2019-11-15

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(Document Restricted) Sealed Appendix in Support re: 109 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration of Michael C. Pomeroy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Buether, Eric) (Entered: 11/15/2019)

2019-11-15

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(Document Restricted) Defendant Activision Blizzard, Inc.s Motion To Strike Plaintiffs Second Amended Infringement Contentions (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 11/15/2019)

2019-11-15

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(Document Restricted) Sealed Appendix in Support re: 111 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit E Part 1, # 4 Exhibit E Part 2, # 5 Exhibit E Part 3, # 6 Exhibit E Part 4, # 7 Exhibit E Part 5) (Smith, Melissa) (Entered: 11/15/2019)

2019-11-15

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Appendix in Support filed by Activision Blizzard Inc re 111 (Document Restricted) Defendant Activision Blizzard, Inc.s Motion To Strike Plaintiffs Second Amended Infringement Contentions (Sealed pursuant to order dated 11/5/2018) (Attachments: # 1 Affidavit(s) Shah, # 2 Exhibit A, # 3 Exhibit C, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J) (Smith, Melissa) (Entered: 11/15/2019)

2019-11-15

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ORDER: Before the Court is Plaintiffs' Motion to Compel. (ECF No. 109 ). IT IS ORDERED that the Motion is REFERRED to Magistrate Judge Rebecca Rutherford for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M. G. Lynn on 11/19/2019) (axm) (Entered: 11/19/2019)

2019-11-19

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Joint MOTION to Extend Deadlines filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Pomeroy, Michael) (Entered: 12/06/2019)

2019-12-06

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ORDER granting 115 Motion to Extend Time. Responses due by 12/9/2019. Replies due by 12/23/2019. (Ordered by Chief Judge Barbara M. G. Lynn on 12/9/2019) (epm) Modified deadlines on 12/10/2019 (ykp). (Entered: 12/09/2019)

2019-12-09

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(Document Restricted) Sealed Response re: 109 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 12/09/2019)

2019-12-09

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(Document Restricted) Sealed Appendix in Support re: 117 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit D, # 2 Exhibit E) (Smith, Melissa) (Entered: 12/09/2019)

2019-12-09

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Appendix in Support filed by Activision Blizzard Inc re 117 Sealed and/or Ex Parte Response/Objection (Attachments: # 1 Affidavit(s) Hernandez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O) (Smith, Melissa) (Entered: 12/09/2019)

2019-12-09

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(Document Restricted) Sealed Response and Objection re: 111 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 12/10/2019)

2019-12-10

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DISREGARD - refiled as Doc 122 per atty. (Document Restricted) Sealed Appendix in Support re: 120 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) Modified on 12/11/2019 (dsr). (Entered: 12/10/2019)

2019-12-10

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(Document Restricted) Sealed Appendix in Support re: 120 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 12/10/2019)

2019-12-10

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(Document Restricted) Sealed Reply re: 111 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2019) filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 12/23/2019)

2019-12-23

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REPLY filed by Infernal Technology LLC, Terminal Reality Inc re: 109 Sealed Plaintiffs' Motion to Compel Defendant to Produce Source Code for Cll of Duty: WWII (Buether, Eric) (Entered: 12/23/2019)

2019-12-23

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 124 Reply (Attachments: # 1 Declaration of Michael C. Pomeroy, # 2 Exhibit H) (Buether, Eric) (Entered: 12/23/2019)

2019-12-23

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Joint Settlement Status Report filed by Infernal Technology LLC, Terminal Reality Inc. (Joe, Christopher) (Entered: 01/17/2020)

2020-01-17

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Alternative Dispute Resolution Summary filed by ADR Provider. Outcome of ADR: Continuing to work with parties to reach a settlement. (Folsom, David) (Entered: 01/29/2020)

2020-01-29

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ORDER SETTING HEARING: Motion Hearing set for 3/11/2020 10:30 AM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Rebecca Rutherford. Re: 109 (Document Restricted) Plaintiff's Motion to Compel Defendant to Produce Source Code for Call of Duty: WWII (Sealed pursuant to order dated 11/6/2019). (Ordered by Magistrate Judge Rebecca Rutherford on 2/10/2020) (mcrd) (Entered: 02/11/2020)

2020-02-10

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Unopposed MOTION to Withdraw as Attorney for Plaintiffs filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Bagley, Niky) (Entered: 02/12/2020)

2020-02-12

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ORDER granting 129 Motion to Withdraw as Attorney. Attorney Niky Bagley terminated. (Ordered by Chief Judge Barbara M. G. Lynn on 2/13/2020) (ndt) (Entered: 02/13/2020)

2020-02-13

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ELECTRONIC ORDER: The Motion Hearing 128 set for 3/11/2020 at 10:30 AM is now reset for 3/10/2020 at 10:30 AM in US Courthouse, Courtroom 1306, 1100 Commerce St., Dallas, TX 75242-1310 before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 2/26/2020) (chmb) (Entered: 02/26/2020)

2020-02-26

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NOTICE of Compliance Regarding E-mail Custodians filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 03/09/2020)

2020-03-09

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NOTICE of Compliance Regarding E-mail Custodians re: 51 Order filed by Infernal Technology LLC, Terminal Reality Inc (Pomeroy, Michael) (Entered: 03/09/2020)

2020-03-09

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NOTICE of Attorney Appearance by Harry L Gillam, Jr on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Gillam, Harry) (Entered: 03/09/2020)

2020-03-09

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MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' SECOND AMENDED INFRINGEMENT CONTENTIONS: Before the Court is Defendant's Motion to Strike Plaintiffs' Second Amended Infrin gement Contentions. (ECF No. 111 ). The Motion to Strike Plaintiffs' "2D data" amendments is GRANTED, and the Motion to Strike the publicly available screenshots, amended claim descriptions and narratives, the "textures" ame ndments for the Named Accused Games, and contentions about Spyro Reignited Trilogy are DENIED. Plaintiffs are required to file a version of their Second Amended Infringement Contentions that omits the parts stricken by the Court. (Ordered by Chief Judge Barbara M. G. Lynn on 3/9/2020) (ctf) Modified on 3/24/2020 to unseal the document per the direction of the Chief U.S. District Judge (ctf).

2020-03-09

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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Motion Hearing held on 3/10/2020. Re: 109 Sealed and/or Ex Parte Motion, filed by Infernal Technology LLC, Terminal Reality Inc. Matter taken under advisement. Attorney Appearances: Plaintiff - Eric Buether, Michael Pomeroy; Defense - John Garretson, Jonathan Hernandez, Sharon Israel, Gill Gilliam. (Court Reporter: Digital File) (No exhibits) Time in Court - :50. (mcrd) (Entered: 03/10/2020)

2020-03-10

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Notice of Filing of Official Electronic Transcript of Motion to Compel (#109) Proceedings held on 03/10/2020 before Judge Rebecca Rutherford. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (40 pages). Redaction Request due 4/8/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/16/2020. (Rehling, Kathy) (Entered: 03/18/2020)

2020-03-18

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(Document Restricted) Sealed ORDER. Accordingly, Plaintiffs' motion to compel is GRANTED, and Activision is ORDERED to make the source code for Call of Duty: WWII available for inspection, subject to the provisions of the Protective Order (ECF No. 38), no later than April 12, 2020. The parties may adjust this deadline by agreement, if necessary, in view of social distancing recommendations issued by local, state, or federal authorities. (see order) (Ordered by Magistrate Judge Rebecca Rutherford on 3/18/2020) (mcrd) (Entered: 03/18/2020)

2020-03-18

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Joint MOTION to Amend/Correct 73 Scheduling Order,, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration of Eric W. Buether, # 2 Declaration of Michael C. Pomeroy, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Proposed Order) (Buether, Eric) (Entered: 05/12/2020)

2020-05-12

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Unopposed MOTION to Withdraw as Attorney filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Ricketts, Michael) (Entered: 05/15/2020)

2020-05-15

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ORDER granting Plaintiffs' 140 Unopposed Motion for Withdrawal of Counsel. Michael D. Ricketts is terminated as counsel of record for Plaintiffs. (Ordered by Chief Judge Barbara M. G. Lynn on 5/18/2020) (twd) (Entered: 05/19/2020)

2020-05-18

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ORDER granting the parties' 139 Joint Motion to Amend the Patent Scheduling Order. The current scheduling order (ECF No. 73 ) is VACATED. A new scheduling order will issue by separate Order. (Ordered by Chief Judge Barbara M. G. Lynn on 5/18/2020) (twd) (Entered: 05/19/2020)

2020-05-18

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VACATED PER 144 ORDER SECOND AMENDED SCHEDULING ORDER: Trial set for Court's three-week docket beginning 4/12/2021 at 9:00 AM before Chief Judge Barbara M. G. Lynn. Motions due by 12/18/2020. Factual Discovery due by 8/10/2020. Expert Discovery due by 11/24/2020. Pretrial Order due by 3/23/2021. Pretrial Materials due by 3/23/2021. Pretrial Conference set for 4/6/2021 before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 5/20/2020) (aaa) (Main Document 143 replaced on 5/20/2020 to remove a deadline that passed in paragraph 12) (ctf). Modified on 5/27/2020 (aaa). (Entered: 05/20/2020)

2020-05-20

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ORDER: The current scheduling order (ECF No. 143 ) is VACATED. A revised scheduling order will be entered later this week. (Ordered by Chief Judge Barbara M. G. Lynn on 5/26/2020) (aaa) (Entered: 05/27/2020)

2020-05-26

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SECOND AMENDED PATENT SCHEDULING ORDER: This case is set for jury trial on this Court's three-week docket beginning 4/12/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Motions due by 12/18/2020. All Fatual Discovery due by 8/10/2020. All Expert Discovery due by 11/24/2020. Pretrial Order due by 2/2/2021. Pretrial Materials due by 2/2/2021. Pretrial Conference set for 4/6/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 5/28/2020) (ndt) Modified on 5/28/2020 (ndt). (Entered: 05/28/2020)

2020-05-28

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NOTICE of Attorney Appearance by Thomas Joseph Gohn on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Gohn, Thomas) (Entered: 06/26/2020)

2020-06-26

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NOTICE of Attorney Appearance by Theresa M Dawson on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer will update contact info in ECF.) (Dawson, Theresa) (Entered: 06/29/2020)

2020-06-29

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NOTICE of Attorney Appearance by Nicholas Clinton Kliewer on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Kliewer, Nicholas) (Entered: 06/29/2020)

2020-06-29

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WITHDRAWN PER 166 ORDER MOTION to Modify the Deadline for the Close of Fact Discovery, Enforce the Courts Order Compelling Activision to Produce Source Code and to Compel Depositions and Motion for Expedited Briefing filed by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Proposed Order) (Buether, Eric) Modified text on 7/10/2020 (axm). Modified on 7/24/2020 (mla). (Entered: 07/06/2020)

2020-07-06

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Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 149 MOTION (Attachments: # 1 Declaration of Eric Buether with Exhibits) (Buether, Eric) (Entered: 07/06/2020)

2020-07-06

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Order: Before the Court is Plaintiffs' Motion to Modify the Deadline for the Close of Fact Discovery, Enforce the Court's Order Compelling Activision to Produce Source Code, and to Compel Depositions, and Motion for Expedited Briefing. (ECF No. 149 ). IT IS ORDERED that this filing is REFERRED to Magistrate Judge Rebecca Rutherford for a hearing, if necessary, and determination. (Ordered by Chief Judge Barbara M. G. Lynn on 7/7/2020) (ndt) (Entered: 07/07/2020)

2020-07-07

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MOTION to Compel PRODUCTION OF DOCUMENTS filed by Activision Blizzard Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 07/07/2020)

2020-07-07

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Appendix in Support filed by Activision Blizzard Inc re 152 MOTION to Compel PRODUCTION OF DOCUMENTS (Attachments: # 1 Exhibits to Appendix) (Smith, Melissa) (Entered: 07/07/2020)

2020-07-07

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(Document Restricted) Sealed Appendix in Support re: 152 Motion to Compel (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibits to Appendix) (Smith, Melissa) (Entered: 07/07/2020)

2020-07-07

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Order Referring 152 Motion to Compel Production of Documents to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M. G. Lynn on 7/10/2020) (axm) (Entered: 07/10/2020)

2020-07-10

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ORDER EXPEDITING BRIEFING AND SETTING HEARING re: 149 Opposed Motion to Modify the Deadline for the Close of Fact Discovery, Enforce the Court's Order Compelling Activision to Produce Source Code and to Compel Depositions and Motion for Expedited Briefing. The Court GRANTS Plaintiffs' request for expedited briefing. Responses due by 7/17/2020. Telephone Conference set for 7/24/2020 03:00 PM before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 7/10/2020) (axm) (Entered: 07/10/2020)

2020-07-10

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NOTICE of Plaintiffs' Notice of Compliance with Court's Order Expediting Briefing and Setting Hearing re: 156 Order Setting Deadline/Hearing,, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 07/14/2020)

2020-07-14

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10998795) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Lydia C Raw added to party Activision Blizzard Inc(pty:dft) (Raw, Lydia) (Entered: 07/15/2020)

2020-07-15

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Joint STIPULATION Regarding Remote Source Code Review by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Proposed Order) (Pomeroy, Michael) (Entered: 07/15/2020)

2020-07-15

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RESPONSE filed by Activision Blizzard Inc re: 149 MOTION to Modify the Deadline for the Close of Fact Discovery, Enforce the Courts Order Compelling Activision to Produce Source Code and to Compel Depositions (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 07/17/2020)

2020-07-17

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Appendix in Support filed by Activision Blizzard Inc re 160 Response/Objection, (Attachments: # 1 Exhibits to Appendix) (Smith, Melissa) (Entered: 07/17/2020)

2020-07-17

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(Document Restricted) Sealed Appendix in Support re: 160 Response/Objection, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibits to Appendix) (Smith, Melissa) (Entered: 07/17/2020)

2020-07-17

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ELECTRONIC ORDER granting 158 Application for Admission Pro Hac Vice of Lydia C. Raw. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 7/20/2020) (chmb) (Entered: 07/20/2020)

2020-07-20

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11013258) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Lauren Elizabeth Douville added to party Activision Blizzard Inc(pty:dft) (Douville, Lauren) (Entered: 07/21/2020)

2020-07-21

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Unopposed MOTION to Withdraw 149 MOTION to Modify the Deadline for the Close of Fact Discovery, Enforce the Courts Order Compelling Activision to Produce Source Code and to Compel Depositions, 156 Order Setting Deadline/Hearing,, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/24/2020)

2020-07-24

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ELECTRONIC ORDER granting 165 Plaintiffs' Unopposed Motion to Withdraw. Plaintiffs' "Opposed Motion to Modify the Deadline for the Close of Fact Discovery, Enforce the Court's Order Compelling Activision to Produce Source Code and to Compel Depositions and Motion for Expedited Briefing" 149 is withdrawn. (Ordered by Magistrate Judge Rebecca Rutherford on 7/24/2020) (chmb) (Entered: 07/24/2020)

2020-07-24

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ELECTRONIC ORDER: Plaintiffs withdrew their "Opposed Motion to Modify the Deadline for the Close of Fact Discovery, Enforce the Court's Order Compelling Activision to Produce Source Code and to Compel Depositions and Motion for Expedited Briefing" 149 . Therefore, the Telephone Conference set for 7/24/2020 at 3:00 PM before Magistrate Judge Rebecca Rutherford is CANCELLED. (Ordered by Magistrate Judge Rebecca Rutherford on 7/24/2020) (chmb) (Entered: 07/24/2020)

2020-07-24

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ELECTRONIC ORDER granting 164 Application for Admission Pro Hac Vice of Lauren Douville. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 7/28/2020) (chmb) (Entered: 07/28/2020)

2020-07-28

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MOTION for Extension of Time to File Response/Reply to 152 MOTION to Compel PRODUCTION OF DOCUMENTS filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/29/2020)

2020-07-29

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(Document Restricted) Sealed Response and Objection re: 152 Motion to Compel (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 07/30/2020)

2020-07-30

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(Document Restricted) Sealed Appendix in Support re: 170 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration of Eric Buether) (Buether, Eric) (Entered: 07/30/2020)

2020-07-30

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ELECTRONIC ORDER granting 169 Plaintiffs' Unopposed Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Compel Production of Documents. (Ordered by Magistrate Judge Rebecca Rutherford on 7/30/2020)(chmb) (Entered: 07/30/2020)

2020-07-30

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(Document Restricted) Sealed Joint Motion to Amend the Patent Scheduling Order (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kula, Kenneth) (Entered: 07/30/2020)

2020-07-30

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Joint MOTION to Amend/Correct 145 Scheduling Order, 173 (Document Restricted) Sealed Joint Motion to Amend the Patent Scheduling Order (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kula, Kenneth) (Entered: 07/30/2020)

2020-07-30

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ORDER granting 173, 174 Motion to Amended Patent Scheduling Order. Jury Trial set for three-week docket beginning 7/12/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Fact Discovery due by 11/6/2020. Expert Discovery due by 2/26/2021. Motions due by 3/19/2021. Prerial Material due by 6/18/2021. Pretrial Order due by 6/18/2021. Pretrial Conference set for 6/30/2021 before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 7/31/2020) (oyh) Modified on 8/10/2020 (chmb). (Entered: 08/03/2020)

2020-07-31

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(Document Restricted) Sealed Reply re: 152 Motion to Compel (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 08/12/2020)

2020-08-12

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(Document Restricted) Sealed Appendix in Support re: 176 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Affidavit(s) Hernandez, # 2 Exhibit S-AA) (Smith, Melissa) (Entered: 08/12/2020)

2020-08-12

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Joint STIPULATION to Focus Patent Claims and Prior Art by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Proposed Order) (Dawson, Theresa) (Entered: 09/25/2020)

2020-09-25

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ORDER: Before the Court is the parties' Joint Stipulation to Focus Patent Claims and Prior Art [ECF No. 178]. In accordance with the Stipulation, it is hereby ORDERED that: 1. On or before November 6, 2020, Plaintiffs shall serve a Final Election of Asserted Claims, which shall identify no more than five (5) asserted claims per asserted patent and no more than a total of ten (10) claims. 2. On or before December 4, 2020, Defendant shall serve a Final Election of Asserted Prior Art, which shall identify no more than six (6) asserted prior art references per asserted patent and no more than a total of twelve (12) references. 3. For purposes of the Final Election of Asserted Prior Art, each obviousness combination counts as a single prior art reference. (Ordered by Chief Judge Barbara M. G. Lynn on 9/30/2020) (ndt) (Entered: 09/30/2020)

2020-09-30

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(Document Restricted) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Affidavit(s) Hernandez, # 2 Proposed Order) (Smith, Melissa) (Entered: 10/02/2020)

2020-10-02

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Appendix in Support filed by Activision Blizzard Inc re 180 (Document Restricted) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT (Sealed pursuant to order dated 11/5/2018) (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M, # 12 Exhibit N, # 13 Exhibit S, # 14 Exhibit T, # 15 Exhibit U, # 16 Exhibit V, # 17 Exhibit W, # 18 Exhibit X, # 19 Exhibit Y, # 20 Exhibit Z, # 21 Exhibit AA) (Smith, Melissa) (Entered: 10/02/2020)

2020-10-02

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(Document Restricted) Sealed Appendix in Support re: 180 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit B, # 2 Exhibit J, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit BB, # 8 Exhibit CC) (Smith, Melissa) (Entered: 10/02/2020)

2020-10-02

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ORDER: Before the Court is Defendant's Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant [ECF No. 180 ]. The Motion is hereby REFERRED to Magistrate Judge Rebecca Rutherford for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M. G. Lynn on 10/8/2020) (ctf) (Entered: 10/08/2020)

2020-10-08

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(Document Restricted) Plaintiffs' Sealed Motion for Leave to Amend Infringement Contentions (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Pomeroy, Michael) (Entered: 10/16/2020)

2020-10-16

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(Document Restricted) Sealed Appendix in Support re: 184 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration of Michael Pomeroy, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16) (Pomeroy, Michael) (Entered: 10/16/2020)

2020-10-16

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11278294) filed by Activision Blizzard Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Beth A Larigan added to party Activision Blizzard Inc(pty:dft) (Larigan, Beth) (Entered: 10/19/2020)

2020-10-19

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MOTION for Extension of Time to File Response/Reply to 180 (Document Restricted) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT (Sealed pursuant to order dated 11/5/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 10/23/2020)

2020-10-23

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ELECTRONIC ORDER granting 187 Plaintiffs' Unopposed Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Compel. Plaintiffs' response to Defendant's Motion to Compel 180 is now due October 26, 2020. (Ordered by Magistrate Judge Rebecca Rutherford on 10/23/2020) (chmb) (Entered: 10/23/2020)

2020-10-23

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Order on Motion to Extend Time to File Response/Reply

2020-10-23

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MOTION for Extension of Time to File Response/Reply to 180 (Document Restricted) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT (Sealed pursuant to order dated 11/5/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 10/26/2020)

2020-10-26

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ELECTRONIC ORDER granting 189 Plaintiffs' Unopposed Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Compel. Plaintiffs' response to Defendant's Motion to Compel 180 is now due October 27, 2020. (Ordered by Magistrate Judge Rebecca Rutherford on 10/26/2020) (chmb) (Entered: 10/26/2020)

2020-10-26

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Order on Motion to Extend Time to File Response/Reply

2020-10-26

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MOTION for Extension of Time to File Response/Reply to 180 (Document Restricted) MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT (Sealed pursuant to order dated 11/5/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 10/28/2020)

2020-10-28

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ELECTRONIC ORDER granting 186 Application for Admission Pro Hac Vice of Beth A. Larigan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 10/28/2020) (chmb) (Entered: 10/28/2020)

2020-10-28

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ELECTRONIC ORDER granting 191 Plaintiffs' Unopposed Motion for Extension of Time to File Response in Opposition to Defendant's Motion to Compel. Plaintiffs' response to Defendant's Motion to Compel 180 is now due October 28, 2020. Defendant's reply is due November 13, 2020. (Ordered by Magistrate Judge Rebecca Rutherford on 10/28/2020) (chmb) (Entered: 10/28/2020)

2020-10-28

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Order on Application for Admission Pro Hac Vice

2020-10-28

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Order on Motion to Extend Time to File Response/Reply

2020-10-28

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PLEASE DISREGARD, PER ATTORNEY(Document Restricted) Sealed Response re: 180 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Eric W. Buether, # 4 Exhibit A to Buether Declaration, # 5 Exhibit B to Buether Declaration, # 6 Exhibit C to Buether Declaration, # 7 Exhibit D to Buether Declaration, # 8 Declaration of J. Pat Heptig, # 9 Declaration of Chase A. Perry, # 10 Exhibit A to Perry Declaration, # 11 Exhibit B to Perry Declaration, # 12 Exhibit C to Perry Declaration, # 13 Exhibit D to Perry Declaration, # 14 Exhibit E to Perry Declaration, # 15 Exhibit F to Perry Declaration, # 16 Exhibit G to Perry Declaration, # 17 Exhibit H to Perry Declaration, # 18 Exhibit I to Perry Declaration, # 19 Proposed Order) (Buether, Eric) Modified on 10/30/2020 (mcrd). (Entered: 10/29/2020)

2020-10-29

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(Document Restricted) Sealed Response and Objection re: 180 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 10/29/2020)

2020-10-29

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(Document Restricted) Sealed Appendix in Support re: 195 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 10/29/2020)

2020-10-29

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Joint MOTION to Amend/Correct 175 Order on Sealed and/or Ex Parte Motion,,, Order on Motion to Amend/Correct,, Joint Motion to Amend the Patent Scheduling Order filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Kula, Kenneth) (Entered: 11/06/2020)

2020-11-06

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(Document Restricted) Sealed Response re: 184 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 11/06/2020)

2020-11-06

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Appendix in Support filed by Activision Blizzard Inc re 198 Sealed and/or Ex Parte Response/Objection (Attachments: # 1 Affidavit(s) Hernandez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R) (Smith, Melissa) (Entered: 11/06/2020)

2020-11-06

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(Document Restricted) Sealed Appendix in Support re: 198 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Exhibit V) (Smith, Melissa) (Entered: 11/06/2020)

2020-11-06

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AMENDED SCHEDULING ORDER: Jury Trial set for 8/16/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Motions due by 4/9/2021. Discovery due by 3/26/2021. Pretrial Order due by 7/2/2021. Pretrial Materials due by 7/2/2021. Pretrial Conference set for 7/30/2021 before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 11/10/2020) (mjr) (Entered: 11/10/2020)

2020-11-10

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(Document Restricted) Sealed Reply re: 180 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 11/13/2020)

2020-11-13

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(Document Restricted) Sealed Appendix in Support re: 202 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Affidavit(s) Hernandez, # 2 Exhibit DD, # 3 Exhibit EE, # 4 Exhibit FF, # 5 Exhibit GG, # 6 Exhibit HH, # 7 Exhibit II, # 8 Exhibit JJ, # 9 Exhibit KK) (Smith, Melissa) (Entered: 11/13/2020)

2020-11-13

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(Document Restricted) Sealed Reply re: 184 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 11/20/2020)

2020-11-20

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(Document Restricted) Sealed Appendix in Support re: 204 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit W) (Buether, Eric) (Entered: 11/20/2020)

2020-11-20

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ORDER SETTING HEARING: Motion Hearing set for 12/17/2020 10:00 AM before Magistrate Judge Rebecca Rutherford. re: 180 (Document Restricted) Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant(Sealed pursuant to order dated 11/5/2018), 152 Motion to Compel Production of Documents. (Ordered by Magistrate Judge Rebecca Rutherford on 11/30/2020) (chmb) (Entered: 11/30/2020)

2020-11-30

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Unopposed MOTION to Withdraw as Attorney William R. Lamb filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 12/04/2020)

2020-12-04

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ORDER granting 207 Motion to Withdraw as Attorney. Attorney William Robert Lamb terminated. (Ordered by Chief Judge Barbara M. G. Lynn on 12/7/2020) (oyh) (Entered: 12/07/2020)

2020-12-07

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Joint STATUS REPORT Regarding Activision's Motions to Compel filed by Activision Blizzard Inc. (Israel, Sharon) (Entered: 12/16/2020)

2020-12-16

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ELECTRONIC ORDER: Plaintiffs will file the following documents for in camera review under seal and ex parte no later than 10:00 p.m. on December 16, 2020:HLGPRIV0000132 and 137 (June 2014 communications between Randel, Heptig and/or Perry regarding proposal from CAA to sell Infernal Engine relating to possible sale of Infernal Engine from prior agent); HLGPRIV0000317-321 (Sept. 2014 email between Heptig and Perry titled Portfolio Opportunity regarding a potential patent acquisition by third party); HLGPRIV0000341-344 (March 2015 communications between Heptig and Perry regarding damages models); HLGPRIV0000433-434, HLGPRIV0000802-807 (April and June 2015 communications between Perry and Heptig about a potential litigation funding agreement); HLGPRIV0000514-520 (May 2015 Word attachment withheld as Communication between attorney and client regarding attorneys analysis and review of Enforcement Agreement between Infernal and TRI); HLGPRIV0000530-534 (May 2015 communications between Perry and Heptig regarding disposed assets); HLGPRIV0000586, 594-615, 622, 624-625 (May 2015 communications between Perry and Heptig regarding Infernal Technology Taxes relating to tax filing for patents owned by TRI); HLGPRIV0000616, 620-621, 623, 629-630, 635, 698, 702 (May and June 2015 communications between Perry and Heptig relating to assignments for the asserted patents); Exclusive License Agreement and Exclusive Right to Enforce Amended 150516 (Infernal Technology edits).doc identified on p. 6 of the December 16, 2020 Joint Report; HLGPRIV0000074 (March 2014 communication between Heptig and Randel relating to a comparison of the Asserted Patents); HLGPRIV0000124, 125-126, 127-128 (emails dated 5/20/2014 and 5/21/2014 between Randel and Heptig); HLGPRIV0000147-148 (July 2014 communications between Heptig and Randel regarding comparisons of TRIs game engine with another game developers engine); HLGPRIV0000733-735; ITP MGARDNER00067867, 68254-68255 (communications and documents exchanged between Heptig, Perry, and certain third-party accountants for TRI); HLGPRIV0000075-78, HLGPRIV0000085-86 (communications relating to the Asserted Patents, including their priority dates and a deficiency fee letter resulting from loss of small entity status, between Heptig and the Schultz and Associates firm containing no explanation of the attorney-client relationship given that the Jenkens & Gilchrist firm prosecuted the Asserted Patents);HLGPRIV0000847-849, HLGPRIV0000989 (June 15, 2015 and July 1, 2015 communications with BJC, Perry, Heptig, and prospective litigation funders, to the extent that these communications occurred earlier than the execution of an engagement letter with the litigation funders); and ITP JOKEEFE00008210, 0009077; TP MGARDNER 00006093; ITP MGARDNER00068827-828 (communications and documents exchanged between Ken Norwick of Norwick Schad, various TRI employees, and individuals from Axis Capital). (Ordered by Magistrate Judge Rebecca Rutherford on 12/16/2020) (chmbrs) (Entered: 12/16/2020)

2020-12-16

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NOTICE of Plaintiffs' Notice of Documents Submitted in Camera Pursuant to Dkt. 210 re: 210 Order, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) Modified on 12/17/2020 (ndt). (Entered: 12/16/2020)

2020-12-16

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Order

2020-12-16

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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Motion Hearing held on 12/17/2020 re 180 Sealed and/or Ex Parte Motion, filed by Activision Blizzard Inc, 152 Motion to Compel filed by Activision Blizzard Inc. Attorney Appearances: Plaintiff - Eric W. Buether and Kenneth P. Kula; Defense - Beth A. Larigan, John D. Garretson, Jonathan M. Hernandez, Sharon A. Israel, Tom Gorham. (Court Reporter: Tutti Bui) (No exhibits) Time in Court - 04:02. (chmb) (Entered: 12/17/2020)

2020-12-17

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ORDER DISMISSING, IN PART, ACTIVISION'S 152 MOTION TO COMPEL PRODUCTION OF DOCUMENTS REGARDING REQUEST FOR PRODUCTION NOS. 62, 64-68 AND 70. Activision's Motion with respect to Request Nos. 62, 64-68 and 70 is dismissed as moot. (Ordered by Magistrate Judge Rebecca Rutherford on 12/17/2020) (mjr) (Entered: 12/17/2020)

2020-12-17

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ORDER DISMISSING, IN PART, ACTIVISION'S 180 MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT. (Ordered by Magistrate Judge Rebecca Rutherford on 12/17/2020) (axm) Docket entry security and text modified on 12/18/2020 (twd). (Entered: 12/17/2020)

2020-12-17

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DISCOVERY ORDER: Activisions Motions are GRANTED, in part, and DENIED, in part. Also, Activision's Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant (ECF No. 180 ) is GRANTED with respect to the following documents. (Ordered by Magistrate Judge Rebecca Rutherford on 12/18/2020) (jmg) (Entered: 12/18/2020)

2020-12-18

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Notice of Filing of Official Electronic Transcript of Motion To Compel Proceedings via videoconference held on 12/17/2020 before Judge Rebecca Rutherford. Court Reporter/Transcriber Tutti Bui, Telephone number (214) 753-2354. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (138 pages) Redaction Request due 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021. (TUB) (Entered: 12/23/2020)

2020-12-23

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ORDER SETTING HEARING: The parties have requested an additional hearing to resolve matters related to 180 Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant. Motion Hearing set for 2/17/2021 10:00 AM before Magistrate Judge Rebecca Rutherford. Joint Report due by 2/10/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 1/25/2021) (jmg) (Entered: 01/26/2021)

2021-01-25

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Joint STATUS REPORT Pursuant to 217 Regarding Activision's Motion to Compel filed by Activision Blizzard Inc. (Garretson, John) (Entered: 02/10/2021)

2021-02-10

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Joint NOTICE of Agreed Changes to Certain Deadlines of Patent Scheduling Order filed by Activision Blizzard Inc re: 201 Scheduling Order. (Hernandez, Jonathan) (Entered: 02/11/2021)

2021-02-11

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ELECTRONIC ORDER: The hearing set for 2/17/2021 at 10:00 AM before Judge Rutherford is VACATED due to extreme inclement weather. The Court directs counsel to confer and advise the Court on 2/22/2021, whether the hearing can be reset for 2/25/2021. (Ordered by Magistrate Judge Rebecca Rutherford on 2/16/2021) (chmb) (Entered: 02/16/2021)

2021-02-16

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Order

2021-02-16

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ELECTRONIC ORDER: The hearing on Defendant Activision Blizzard's Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant 180 is reset for 2/25/2021 at 11:00 AM before Magistrate Judge Rebecca Rutherford. The parties must submit an updated joint report summarizing the remaining disputes by 2/24/2021 at 3:00 PM. The Court will circulate the Zoom link for the hearing via email. (Ordered by Magistrate Judge Rebecca Rutherford on 2/22/2021) (chmb) (Entered: 02/22/2021)

2021-02-22

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NOTICE of (Joint) Agreed Changes to Certain Deadlines filed by Activision Blizzard Inc (Hernandez, Jonathan) (Entered: 02/22/2021)

2021-02-22

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Order Setting Deadline/Hearing

2021-02-22

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Joint STATUS REPORT Pursuant to 221 Regarding Activision's Motion to Compel filed by Activision Blizzard Inc. (Hernandez, Jonathan) (Entered: 02/24/2021)

2021-02-24

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ELECTRONIC ORDER: In their Joint Report filed earlier today, the parties request that each side have an opportunity to submit to the Court a supplemental document of not more than 3 pages, excluding exhibits not to exceed 5 documents and 25 pages total, setting forth their positions with respect to the remaining disputed documents. The request is granted. The parties may email their supplemental document and exhibits to rutherford_orders@txnd.uscourts.gov. (Ordered by Magistrate Judge Rebecca Rutherford on 2/24/2021) (Magistrate Judge Rebecca Rutherford) (Entered: 02/24/2021)

2021-02-24

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ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Rebecca Rutherford: Motion Hearing held on 2/25/2021. Re: 180 (Document Restricted) MOTION TO COMPEL(Sealed pursuant to order dated 11/5/2018). Attorney Appearances: Plaintiff - Kenneth P Kula; Defense - John D Garretson, Jonathan M Hernandez, Sharon A Israel. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - :45. (mcrd) (Entered: 02/25/2021)

2021-02-25

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ORDER DISMISSING, IN PART, ACTIVISION'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND COMMUNICATIONS IMPROPERLY WITHHELD AS PRIVILEGED OR NOT RELEVANT: The Court previously dismissed, in part, Activision's Motion in light of Plaintiffs' productions to Activision of certain documents after the Motion filing date of October 2, 2020 and prior to the Motion hearing date of December 17, 2020. See ECF No. 214. Activision's Motion is further dismissed, in part, as moot with respect to Plaintiffs' privilege log, in light of the third amended privilege log provided to Activision on February 10, 2021, and with respect to the following documents that have been produced to Activision since December 17, 2020, either voluntarily or pursuant to the Court's Order dated December 18, 2020 (ECF No. 215). (Ordered by Magistrate Judge Rebecca Rutherford on 2/25/2021) (mcrd) (Entered: 02/25/2021)

2021-02-25

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Order

2021-02-25

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Unopposed MOTION to Amend/Correct 201 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A - March 15, 2021 Jury Selection and Trial Procedures, # 2 Exhibit(s) B - Order of Trials for March 2021, # 3 Exhibit(s) C - Proposed Amended Patent Scheduling Order) (Pomeroy, Michael) (Entered: 03/04/2021)

2021-03-04

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ORDER: On October 2, 2020, Defendant Activision Blizzard Inc. filed a Motion to Compel Production of Documents and Communications Improperly Withheld as Privileged or Not Relevant (ECF No. 180 ). As a result of a series of meaningful discussions among counsel, the parties resolved many of the matters in dispute. All that remains now is a dispute regarding the sufficiency of Plaintiff's production of ESI for Mark Randel responsive to Activision's search terms for the timeframe from September 6, 2013 to present; Plaintiffs have not produced 87 documents that were responsive to ESI search terms, which Plaintiffs contend are not relevant, not responsive to any Activision Request for Production, or are duplicative. The Court held another hearing on February 22, 2021, to consider the parties' arguments. At the conclusion of the hearing, the Court ordered Plaintiffs to submit the remaining disputed documents in camera. The Court has now reviewed those documents and SUSTAINS Plaintiffs relevance objections. Plaintiffs' objections to the remaining documents are OVERRULED. The remaining documents have enough probative value to warrant production. Accordingly, Plaintiffs must produce the remaining documents to counsel for Activision no later than March 17, 2021. (see order) (Ordered by Magistrate Judge Rebecca Rutherford on 3/10/2021) (mcrd) (Entered: 03/10/2021)

2021-03-10

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THIRD AMENDED PATENT SCHEDULING ORDER: This case is set for jury trial on this Court's three-week docket beginning 9/13/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Motions due by 5/7/2021. Expert Discovery due by 5/3/2021. Pretrial Materials due by 6/11/2021. Pretrial Conference set for 9/3/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 3/11/2021) (ndt) (Main Document 229 replaced on 5/28/2021) (twd). Docket text modified on 5/28/2021 (twd). (Entered: 03/11/2021)

2021-03-11

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NOTICE of Plaintiffs' Notice of Compliance with Court's Order Requiring Plaintiffs to Produce Documents re: 228 Order, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 03/18/2021)

2021-03-18

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Notice of Filing of Official Electronic Transcript of Motion Proceedings held on 02-25-2021 before Judge Rutherford. Court Reporter/Transcriber Nikki Barr, Telephone number 214.753.2661. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (33 pages) Redaction Request due 4/13/2021. Redacted Transcript Deadline set for 4/23/2021. Release of Transcript Restriction set for 6/21/2021. (nbb) (Entered: 03/23/2021)

2021-03-23

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Unopposed MOTION to Withdraw as Attorney for Plaintiffs - Nicholas C. Kliewer filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kliewer, Nicholas) (Entered: 04/19/2021)

2021-04-19

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ORDER granting 232 Unopposed Motion for Withdrawal of Counsel. Attorney Nicholas C Kliewer is withdrawn as counsel for Plaintiffs. (Ordered by Chief Judge Barbara M. G. Lynn on 4/20/2021) (twd) Docket text modified on 4/20/2021 (twd). (Entered: 04/20/2021)

2021-04-20

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NOTICE of Withdrawal of Michael C. Pomeroy as Counsel for Plaintiffs filed by Infernal Technology LLC, Terminal Reality Inc (Joe, Christopher) (Entered: 04/22/2021)

2021-04-22

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NOTICE of Attorney Appearance by Matthew P Harper on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Harper, Matthew) (Entered: 04/23/2021)

2021-04-23

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ORDER: Before the Court is the Notice of Withdrawal of Counsel for Plaintiffs Infernal Technology, LLC, and Terminal Reality, Inc. [ECF No. 234 ]. In it, Plaintiffs request that Michael C. Pomeroy be authorized to withdraw as counsel for Plaintiffs. That request is GRANTED. Michael C. Pomeroy is withdrawn as counsel for Plaintiffs. (Ordered by Chief Judge Barbara M. G. Lynn on 4/26/2021) (ndt) (Entered: 04/26/2021)

2021-04-26

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NOTICE of (JOINT) Agreed Changes Associated With Expert Discovery Deadlines filed by Activision Blizzard Inc (Hernandez, Jonathan) (Entered: 05/03/2021)

2021-05-03

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Unopposed MOTION to Amend/Correct 229 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A - Proposed Second Amended Patent Scheduling Order) (Kula, Kenneth) (Entered: 05/06/2021)

2021-05-06

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ORDER: Before the Court is the Unopposed Motion to Amend the Patent Scheduling Order [ECF No. 238 ]. The Motion is GRANTED. The deadline to file dispositive motions is 5/10/2021. All other deadlines in this action remain unchanged. (Ordered by Chief Judge Barbara M. G. Lynn on 5/7/2021) (ctf) (Entered: 05/07/2021)

2021-05-07

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MOTION for Partial Summary Judgment of No Invalidity filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Dawson, Theresa) (Entered: 05/10/2021)

2021-05-10

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MOTION for Summary Judgment filed by Activision Blizzard Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Smith, Melissa) Modified Security level per atty on 5/11/2021 (svc). Modified Security level per atty on 5/11/2021 (ykp). (Entered: 05/10/2021)

2021-05-10

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Appendix in Support filed by Activision Blizzard Inc re 243 MOTION for Summary Judgment (Attachments: # 1 Affidavit(s) Hernandez, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 22, # 11 Exhibit 23) (Smith, Melissa) (Entered: 05/11/2021)

2021-05-10

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(Document Restricted) Sealed Appendix in Support re: 244 Appendix in Support, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 16, # 9 Exhibit 17, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21) (Smith, Melissa) (Entered: 05/11/2021)

2021-05-11

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Brief/Memorandum in Support filed by Activision Blizzard Inc re 243 MOTION for Summary Judgment (Smith, Melissa) Modified Security level per atty on 5/11/2021 (ykp). (Entered: 05/11/2021)

2021-05-11

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(Document Restricted) NOTICE OF SEALED ADDITIONAL ATTACHMENT to Sealed Appendix in Support of Motion for Summary Judgment of Noninfringement and Invalidity (Dkt. 245). (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit 24) (Smith, Melissa) (Entered: 05/11/2021)

2021-05-11

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NOTICE of (Joint) Agreed Changes to Certain Deadlines filed by Activision Blizzard Inc (Hernandez, Jonathan) (Entered: 05/18/2021)

2021-05-18

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Unopposed MOTION to Amend/Correct 229 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) A - Proposed Amended Patent Scheduling Order) (Gohn, Thomas) (Entered: 05/27/2021)

2021-05-27

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(Document Restricted) Sealed MEMORANDUM OPINION AND ORDER: The relative lack of diligence by Plaintiffs is outweighed by the significance of the other factors. Plaintiffs' 184 Motion for Leave to Amend Infringement Contentions is GRANTED. (Ordered by Chief Judge Barbara M. G. Lynn on 5/28/2021) (twd) (Entered: 05/28/2021)

2021-05-28

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ORDER: Before the Court is the parties' Agreed Motion to Amend the Amended Patent Scheduling Order [ECF No. 249]. The Motion is GRANTED IN PART. The current deadlines are revised as follows: Deadline to file responses to Dispositive Motions is June 7, 2021. Deadline for Objections to Experts, including Daubert motions, is June 15, 2021. Further, a virtual status conference is SET for June 4, 2021, at 3:00 p.m., so that the Court and the parties may discuss the remaining deadlines. The Court will furnish the connection information to the parties. (Ordered by Chief Judge Barbara M. G. Lynn on 5/29/2021) (chmb) Modified docket text on 6/7/2021 (chmb). (Entered: 05/31/2021)

2021-05-29

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ELECTRONIC Minute Entry for video conference held before Chief Judge Barbara M. G. Lynn on June 4, 2021: The Court held a virtual status conference to discuss upcoming deadlines. Counsel: Plaintiffs: Kenneth Kula, Eric Buether, Christopher Joe. Defendant: Melissa Smith, John Garretson, Sharon Israel, David Morehan, Trent Webb. (Court Reporter: Debbie Kriegshauser) Time in Court - 0:12. (chmb) (Entered: 06/04/2021)

2021-06-04

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Joint STATUS REPORT Joint Settlement Status Report filed by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 06/04/2021)

2021-06-04

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Unopposed MOTION to Withdraw as Attorney filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Dawson, Theresa) (Entered: 06/04/2021)

2021-06-04

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Agreed MOTION to Amend the Amended Patent Scheduling Order filed by Infernal Technology LLC, Terminal Reality Inc re: 251 Order, 229 Scheduling Order. (Attachments: # 1 Proposed Order Amended Patent Scheduling Order) (Kula, Kenneth) (Entered: 06/04/2021)

2021-06-04

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ORDER granting 254 Motion to Withdraw as Attorney. Further, It is ORDERED that the Clerk of Court terminate any further ECF notifications to Theresa M. Dawson. (Ordered by Chief Judge Barbara M. G. Lynn on 6/7/2021) (ykp) (Entered: 06/07/2021)

2021-06-07

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AMENDED SCHEDULING ORDER: Jury Trial set for 9/13/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. Pretrial Order due by 6/18/2021. Pretrial Materials due by 6/18/2021. Pretrial Conference set for 8/31/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 6/7/2021) (oyh) (Entered: 06/07/2021)

2021-06-07

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(Document Restricted) Sealed Response and Objection re: 243 Motion for Summary Judgment, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Harper, Matthew) (Entered: 06/11/2021)

2021-06-11

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(Document Restricted) Sealed Appendix in Support re: 258 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Matthew P. Harper, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12, # 14 Exhibit(s) 13, # 15 Exhibit(s) 14) (Harper, Matthew) (Entered: 06/11/2021)

2021-06-11

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RESPONSE filed by Activision Blizzard Inc re: 240 MOTION for Partial Summary Judgment of No Invalidity (Smith, Melissa) (Entered: 06/11/2021)

2021-06-11

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(Document Restricted) Sealed Brief/Memorandum in Support re: 260 Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 06/11/2021)

2021-06-11

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Appendix in Support filed by Activision Blizzard Inc re 261 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Attachments: # 1 Affidavit(s) J. Hernandez, # 2 Exhibit 20, # 3 Exhibit 21, # 4 Exhibit 22, # 5 Exhibit 23, # 6 Exhibit 30, # 7 Exhibit 39, # 8 Exhibit 40) (Smith, Melissa) (Entered: 06/11/2021)

2021-06-11

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(Document Restricted) Sealed Appendix in Support re: 261 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit 19, # 2 Exhibit 24, # 3 Exhibit 25, # 4 Exhibit 26, # 5 Exhibit 27, # 6 Exhibit 28, # 7 Exhibit 29, # 8 Exhibit 31, # 9 Exhibit 32, # 10 Exhibit 33, # 11 Exhibit 34, # 12 Exhibit 35, # 13 Exhibit 36, # 14 Exhibit 37, # 15 Exhibit 38) (Smith, Melissa) (Entered: 06/11/2021)

2021-06-11

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MOTION to Strike Portions of Anthony J. Pelham's Expert Report Regarding Invalidity filed by Infernal Technology LLC, Terminal Reality Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Harper, Matthew) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Brief/Memorandum in Support re: 264 Motion to Strike (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Harper, Matthew) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Appendix in Support re: 265 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Matthew P. Harper, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2) (Harper, Matthew) (Entered: 06/15/2021)

2021-06-15

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MOTION to Strike Portions of Dr. Scott Schaefer's Expert Report Regarding Invalidity filed by Infernal Technology LLC, Terminal Reality Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Gohn, Thomas) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Brief/Memorandum in Support re: 267 Motion to Strike (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Gohn, Thomas) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Appendix in Support re: 268 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Thomas J. Gohn, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8) (Gohn, Thomas) (Entered: 06/15/2021)

2021-06-15

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MOTION to Exclude Opinions of Damages Expert Lance Gunderson and Technical Expert Daniel Aliaga filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Brief/Memorandum in Support re: 270 Motion for Miscellaneous Relief (Sealed pursuant to order dated 11/6/2018) filed by Activision Blizzard Inc (Morehan, David) (Entered: 06/15/2021)

2021-06-15

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(Document Restricted) Sealed Appendix in Support re: 271 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration(s) of Beth Larigan, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12, # 14 Exhibit(s) 13, # 15 Exhibit(s) 14) (Morehan, David) (Entered: 06/15/2021)

2021-06-15

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Agreed MOTION to Amend/Correct 257 Scheduling Order, filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Hernandez, Jonathan) (Entered: 06/16/2021)

2021-06-16

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NOTICE of Attorney Appearance by Michael William Doell on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Doell, Michael) (Entered: 06/17/2021)

2021-06-17

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ORDER granting 273 Motion to Amend/Correct. Deadline to serve Pretrial Disclosures and file a notice of service 6/23/2021. Deadline to serve Objections to Pretrial Materials and file a notice of service 7/14/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 6/18/2021) (ndt) (Entered: 06/18/2021)

2021-06-18

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NOTICE of Service of Pretrial Disclosures, Witness List, Deposition Testimony Designations, and Exhibit List re: 257 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 06/23/2021)

2021-06-23

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NOTICE of Compliance re: 257 Scheduling Order, filed by Activision Blizzard Inc. (Morehan, David) Modified text on 6/24/2021 (mjr). (Entered: 06/23/2021)

2021-06-23

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(Document Restricted) Sealed Reply re: 243 Motion for Summary Judgment, (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Morehan, David) (Entered: 07/02/2021)

2021-07-02

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(Document Restricted) Sealed Reply re: 240 Motion for Partial Summary Judgment (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Harper, Matthew) (Entered: 07/02/2021)

2021-07-02

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Unopposed MOTION to Withdraw as Attorney filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Gohn, Thomas) (Entered: 07/02/2021)

2021-07-02

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ORDER granting 280 Motion to Withdraw as Attorney. Attorney Thomas Joseph Gohn terminated. (Ordered by Chief Judge Barbara M. G. Lynn on 7/6/2021) (ygl) (Entered: 07/06/2021)

2021-07-06

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Joint MOTION to Amend/Correct 257 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/06/2021)

2021-07-06

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RESPONSE filed by Activision Blizzard Inc re: 264 MOTION to Strike Portions of Anthony J. Pelham's Expert Report Regarding Invalidity (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 07/07/2021)

2021-07-07

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(Document Restricted) Sealed Brief/Memorandum in Support re: 283 Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Morehan, David) (Entered: 07/07/2021)

2021-07-07

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RESPONSE filed by Activision Blizzard Inc re: 267 MOTION to Strike Portions of Dr. Scott Schaefer's Expert Report Regarding Invalidity (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 07/07/2021)

2021-07-07

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(Document Restricted) Sealed Brief/Memorandum in Support re: 285 Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Morehan, David) (Entered: 07/07/2021)

2021-07-07

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(Document Restricted) Sealed Appendix in Support re: 286 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration of Larigan, # 2 Exhibit(s) 9) (Morehan, David) (Entered: 07/07/2021)

2021-07-07

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(Document Restricted) Sealed Response re: Plaintiffs' Brief in Support of Their Response to Defendant's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Lance Gunderson and Technical Expert Daniel Aliaga in reference to Dkt. 271 (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/08/2021)

2021-07-08

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(Document Restricted) Sealed Appendix in Support re: 288 Sealed and/or Ex Parte Response/Objection, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Kenneth P. Kula, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12, # 14 Exhibit(s) 13, # 15 Exhibit(s) 14, # 16 Exhibit(s) 15, # 17 Exhibit(s) 16, # 18 Exhibit(s) 17, # 19 Exhibit(s) 18, # 20 Exhibit(s) 19, # 21 Exhibit(s) 20, # 22 Exhibit(s) 21, # 23 Exhibit(s) 22) (Kula, Kenneth) (Attachment 23 replaced per 293 Order on 7/14/2021) (ndt). (Entered: 07/08/2021)

2021-07-08

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ORDER granting 282 Motion to Amend. The deadline to Respond to Objections to Experts is now 7/7/2021, and the deadline to Reply to Objections to Experts is now 7/21/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 7/8/2021) (ygl) (Entered: 07/08/2021)

2021-07-08

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(Document Restricted) Unopposed Motion to Substitute Exhibit (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) 22) (Kula, Kenneth) (Entered: 07/09/2021)

2021-07-09

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Agreed MOTION to Amend/Correct 257 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/12/2021)

2021-07-12

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(Document Restricted) Before the Court are the parties' Agreed Motion to Amend [ECF No. 292 ], and Plaintiffs' Unopposed Motion to Substitute Exhibit [ECF No. 291 ]. The Motion to Amend is GRANTED. The Deadline to serve Objections to Pretrial Materials and file a notice of service with the Court is now 7/21/2021. The Motion to Substitute is also GRANTED. The Clerk is directed to replace Plaintiffs' Appendix Exhibit 22 [ECF No. 289-23] with the new Appendix Exhibit 22 [ECF No. 291-1]. (Ordered by Chief Judge Barbara M. G. Lynn on 7/13/2021) (ndt) (Entered: 07/14/2021)

2021-07-13

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MOTION to Compel Deposition and, MOTION for Sanctions filed by Activision Blizzard Inc. (Attachments: # 1 Proposed Order) (Israel, Sharon) (Entered: 07/14/2021)

2021-07-14

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(Document Restricted) Sealed Brief/Memorandum in Support re: 294 Motion to Compel, Motion for Sanctions (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Israel, Sharon) (Entered: 07/14/2021)

2021-07-14

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Appendix in Support filed by Activision Blizzard Inc re 295 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support of 294 Motion to Compel Deposition and Motion for Sanctions (Attachments: # 1 Exhibit(s) 29, # 2 Exhibit(s) 30) (Israel, Sharon) (Entered: 07/14/2021)

2021-07-14

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(Document Restricted) Sealed Appendix in Support re: 295 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration of Hernandez, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12, # 14 Exhibit(s) 13, # 15 Exhibit(s) 14, # 16 Exhibit(s) 15, # 17 Exhibit(s) 16, # 18 Exhibit(s) 17, # 19 Exhibit(s) 18, # 20 Exhibit(s) 19, # 21 Exhibit(s) 20, # 22 Exhibit(s) 21, # 23 Exhibit(s) 22, # 24 Exhibit(s) 23, # 25 Exhibit(s) 24, # 26 Exhibit(s) 25, # 27 Exhibit(s) 26, # 28 Exhibit(s) 27, # 29 Exhibit(s) 28, # 30 Exhibit(s) 31, # 31 Exhibit(s) 32, # 32 Exhibit(s) 33, # 33 Exhibit(s) 34) (Israel, Sharon) (Entered: 07/15/2021)

2021-07-14

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Order Referring 294 Motion to Compel to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M. G. Lynn on 7/15/2021) (ygl) (Entered: 07/15/2021)

2021-07-15

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MOTION for Leave to File a Sur-reply filed by Activision Blizzard Inc with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 07/16/2021)

2021-07-16

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(Document Restricted) Exhibit 1 (Defendant's Sur-reply) to 299 Motion for Leave to File Sur-reply (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Appendix and Exhibits in Support of Sur-reply) (Morehan, David) (Entered: 07/16/2021)

2021-07-16

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MOTION in Limine filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 07/16/2021)

2021-07-16

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(Document Restricted) Motions in Limine (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 07/16/2021)

2021-07-16

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Appendix in Support filed by Activision Blizzard Inc re 302 (Document Restricted) Motions in Limine (Sealed pursuant to order dated 11/5/2018) (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 13, # 4 Exhibit(s) 16) (Morehan, David) (Entered: 07/16/2021)

2021-07-16

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(Document Restricted) Sealed Appendix in Support re: 302 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration of Larigan, # 2 Exhibit(s) 3, # 3 Exhibit(s) 4, # 4 Exhibit(s) 5, # 5 Exhibit(s) 6, # 6 Exhibit(s) 7, # 7 Exhibit(s) 8, # 8 Exhibit(s) 9, # 9 Exhibit(s) 10, # 10 Exhibit(s) 11, # 11 Exhibit(s) 12, # 12 Exhibit(s) 14, # 13 Exhibit(s) 15) (Morehan, David) (Entered: 07/16/2021)

2021-07-16

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(Document Restricted) Sealed Reply re: 270 MOTION to Exclude Opinions of Damages Expert Lance Gunderson and Technical Expert Daniel Aliaga (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Morehan, David) (Entered: 07/21/2021)

2021-07-21

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Appendix in Support filed by Activision Blizzard Inc re 305 Sealed and/or Ex Parte Reply/Sur-reply (Attachments: # 1 Exhibit(s) 23, # 2 Exhibit(s) 24) (Morehan, David) (Entered: 07/21/2021)

2021-07-21

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(Document Restricted) Sealed Appendix in Support re: 305 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration of Beth Larigan, # 2 Exhibit(s) 25, # 3 Exhibit(s) 26, # 4 Exhibit(s) 27) (Morehan, David) (Entered: 07/21/2021)

2021-07-21

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(Document Restricted) Sealed Reply re: 267 Motion to Strike (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Harper, Matthew) (Entered: 07/21/2021)

2021-07-21

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NOTICE of Compliance of service of objections to pretrial disclosures re: 293 Order on Sealed and/or Ex Parte Motion,,, Order on Motion to Amend/Correct,, filed by Activision Blizzard Inc (Morehan, David) (Entered: 07/21/2021)

2021-07-21

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(Document Restricted) Sealed Reply re: 264 Motion to Strike (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Harper, Matthew) (Entered: 07/21/2021)

2021-07-21

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NOTICE of Service of Objections to Pretrial Disclosures & Witness List, Objections to Exhibits, Objections to Deposition Designations, and Counter Deposition Designations re: 293 Order on Sealed and/or Ex Parte Motion, Order on Motion to Amend/Correct filed by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 07/22/2021)

2021-07-22

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ORDER: Oral argument is SET in this case for 8/16/2021 from 09:00 AM to 12:00 PM before Chief Judge Barbara M. G. Lynn. Counsel should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce St., Dallas, Texas, and be prepared to argue the pending motions for summary judgment and motions to strike (ECF Nos. 240, 243, 264, 267, 270 ). (Ordered by Chief Judge Barbara M. G. Lynn on 7/27/2021) (ctf) (Entered: 07/28/2021)

2021-07-27

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MOTION for Extension of Time to File Response/Reply to 257 Scheduling Order, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 07/29/2021)

2021-07-29

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ORDER: Before the Court is Plaintiffs' Unopposed Motion to Extend Deadline for Responding to Motions in Limine. The Motion is GRANTED. The deadline to respond to the Motions in Limine is 8/2/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 7/30/2021) (ctf) (Entered: 07/30/2021)

2021-07-30

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RESPONSE filed by Infernal Technology LLC, Terminal Reality Inc re: 299 MOTION for Leave to File a Sur-reply (Attachments: # 1 Proposed Order) (Harper, Matthew) (Entered: 07/30/2021)

2021-07-30

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RESPONSE AND OBJECTION filed by Infernal Technology LLC, Terminal Reality Inc re: 302 Sealed Defendant's Motions in Limine (Attachments: # 1 Proposed Order) (Doell, Michael) (Entered: 08/02/2021)

2021-08-02

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ADDITIONAL ATTACHMENTS to 316 Response/Objection by Plaintiffs Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Declaration(s), # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C) (Doell, Michael) (Entered: 08/02/2021)

2021-08-02

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(Document Restricted) Sealed Response re: 301 Motion in Limine (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Morehan, David) (Entered: 08/02/2021)

2021-08-02

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Appendix in Support filed by Activision Blizzard Inc re 318 Sealed and/or Ex Parte Response/Objection to 301 Motion in Limine (Attachments: # 1 Exhibit(s) Declaration of Larigan, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 9, # 8 Exhibit(s) 10) (Morehan, David) (Entered: 08/02/2021)

2021-08-02

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(Document Restricted) Sealed Appendix in Support re: 318 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Exhibit(s) 4, # 2 Exhibit(s) 7, # 3 Exhibit(s) 8) (Morehan, David) (Entered: 08/02/2021)

2021-08-02

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(Document Restricted) Sealed Response re: 294 Motion to Compel, Motion for Sanctions (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Kula, Kenneth) (Entered: 08/04/2021)

2021-08-04

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(Document Restricted) Sealed Appendix in Support re: 321 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Kenneth P. Kula, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5) (Kula, Kenneth) (Entered: 08/04/2021)

2021-08-04

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ORDER: The hearing on the pending motions for summary judgment and motions to strike (ECF Nos. 240, 243, 264, 267, 270 ) is hereby RESET for 8/16/2021, from 8:00 a.m. to 10:00 a.m. CST. (Ordered by Chief Judge Barbara M. G. Lynn on 8/4/2021) (jmg) (Entered: 08/05/2021)

2021-08-04

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Joint MOTION to Extend Time to File Objected to Pretrial Materials filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Hernandez, Jonathan) (Entered: 08/05/2021)

2021-08-05

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ORDER granting 324 Motion to Extend Time to File Objected to Pretrial Materials. The deadline for the parties to submit pretrial materials which are objected to is 8/20/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 8/6/2021) (jmg) (Entered: 08/06/2021)

2021-08-06

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Proposed Jury Instructions filed by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 08/06/2021)

2021-08-06

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Proposed Voir Dire by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 08/06/2021)

2021-08-06

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Proposed Voir Dire by Activision Blizzard Inc. (Attachments: # 1 Exhibit(s) A - Proposed Suppl. to Court's Juror Questionnaire) (Israel, Sharon) (Entered: 08/06/2021)

2021-08-06

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Proposed Jury Instructions filed by Activision Blizzard Inc. (Israel, Sharon) (Entered: 08/06/2021)

2021-08-06

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Proposed Pretrial Order Joint Pretrial Order by Infernal Technology LLC, Terminal Reality Inc. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) A, # 8 Exhibit(s) B, # 9 Exhibit(s) C, # 10 Exhibit(s) D, # 11 Exhibit(s) E, # 12 Exhibit(s) F) (Kula, Kenneth) (Entered: 08/06/2021)

2021-08-06

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(Document Restricted) Notice of Sealed Additional Attachments (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Exhibit(s) 5, # 2 Exhibit(s) 6, # 3 Exhibit(s) E, # 4 Exhibit(s) F) (Kula, Kenneth) (Entered: 08/06/2021)

2021-08-06

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NOTICE of Attorney Appearance by Jeffrey R Bragalone on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Bragalone, Jeffrey) (Entered: 08/12/2021)

2021-08-12

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NOTICE of Attorney Appearance by Daniel Fletcher Olejko on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Olejko, Daniel) (Entered: 08/12/2021)

2021-08-12

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NOTICE of Attorney Appearance by Terry Afif Saad on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Saad, Terry) (Entered: 08/12/2021)

2021-08-12

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NOTICE of Information Pursuant to 35 U.S.C. § 282 filed by Activision Blizzard Inc (Morehan, David) (Entered: 08/12/2021)

2021-08-12

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The hearing scheduled for 8/16/2021 at 8:00 a.m. will be conducted by video teleconferencing only and will not be accessible to the public at the courthouse. To listen to the proceeding live, click here: Link to Hearing It is impermissible under Judicial Conference Policy to record or rebroadcast this proceeding. Violators will be subject to sanctions. (chmb) (Entered: 08/13/2021)

2021-08-13

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(Document Restricted) Plaintiffs' Motion for Leave to Supplement Their Summary Judgment Response and the Summary Judgment Record Pursuant to Federal Rule of Civil Procedure 56(e) (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Bragalone, Jeffrey) Motion termed on 8/16/2021 (chmb). (Entered: 08/14/2021)

2021-08-14

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(Document Restricted) Sealed Appendix in Support re: 337 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Declaration(s) Declaration of Jeffrey R. Bragalone, # 2 Declaration(s) Declaration of Whittney L. Lyon, # 3 Exhibit(s) Exhibit 1, # 4 Exhibit(s) Exhibit 2, # 5 Exhibit(s) Exhibit 3, # 6 Exhibit(s) Exhibit 4, # 7 Exhibit(s) Exhibit 5, # 8 Exhibit(s) Exhibit 6, # 9 Exhibit(s) Exhibit 7, # 10 Exhibit(s) Exhibit 8, # 11 Exhibit(s) Exhibit 9, # 12 Exhibit(s) Exhibit 10, # 13 Exhibit(s) Exhibit 11, # 14 Exhibit(s) Exhibit 12, # 15 Exhibit(s) Exhibit 13, # 16 Exhibit(s) Exhibit 14, # 17 Exhibit(s) Exhibit 15, # 18 Exhibit(s) Exhibit 16, # 19 Exhibit(s) Exhibit 17, # 20 Exhibit(s) Exhibit 18, # 21 Exhibit(s) Exhibit 19, # 22 Exhibit(s) Exhibit 20, # 23 Exhibit(s) Exhibit 21, # 24 Exhibit(s) Exhibit 22, # 25 Exhibit(s) Exhibit 23) (Bragalone, Jeffrey) (Entered: 08/14/2021)

2021-08-14

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ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Motions hearing held on 8/16/2021. The Court heard argument on pending motions. The Court took under advisement Plaintiffs' Motion for Partial Summary Judgment of No Invalidity (ECF No. 240); Plaintiffs' Motion to Strike Portions of Dr. Scott Schaefer's Expert Report Regarding Invalidity (ECF No. 267); Activision's Motion to Exclude the Opinions of Plaintiffs' Damages Expert Lance Gunderson and Technical Expert Daniel Aliaga (ECF No. 270); Activision's Motion for Summary Judgment of Noninfringement and Invalidity (ECF No. 243); and Plaintiffs' Motion to Strike Portions of Portions of Anthony J. Pelham's Expert Report Regarding Invalidity (ECF No. 264). For the reasons stated on the record, Plaintiffs' Motion for Leave to Supplement their Summary Judgment Response and the Summary Judgment Record Pursuant to FRCP 56(e) (ECF No. 337) is DENIED. Attorney appearances: Plaintiffs: Eric Buether, Jeff Bragalone, Ken Kula, Matt Harper, Dan Olejko; Defendant: Trent Webb, John Garretson, Sharon Israel, David Morehan, Lydia Raw, Melissa Smith. (Court reporter: Deborah Kriegshauser). Time in Court: 1:50. (chmb) (Entered: 08/16/2021)

2021-08-16

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NOTICE of Withdrawal of Certain Claims filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 08/16/2021)

2021-08-16

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(Document Restricted) Sealed Reply re: 294 Motion to Compel, Motion for Sanctions (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Israel, Sharon) (Entered: 08/18/2021)

2021-08-18

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(Document Restricted) Sealed Appendix in Support re: 341 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Declaration of Beth Larigan, # 2 Exhibit(s) 35, # 3 Exhibit(s) 36) (Israel, Sharon) (Entered: 08/18/2021)

2021-08-18

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MEMORANDUM OPINION AND ORDER: Activision's 299 Motion for Leave to File a Sur-Reply is GRANTED. Activision's 243 Motion for Summary Judgment of Noninfringement is GRANTED, and Activision's 270 Motion to Exclude the Opinions of Plaintiffs' Damages Expert Lance Gunderson is GRANTED. The remainder of the Motions are DENIED AS MOOT. (Ordered by Chief Judge Barbara M. G. Lynn on 9/16/2021) (mjr) Docket entry security and text modified (Per DC chambers) on 9/24/2021 (twd).

2021-09-16

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JUDGMENT: It is ORDERED that judgment is entered in favor of Defendant Activision Blizzard Inc and against Plaintiffs Infernal Technology LLC and Terminal Reality, Inc. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Chief Judge Barbara M. G. Lynn on 9/16/2021) (mjr) (Entered: 09/16/2021)

2021-09-16

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Report to Patent/Trademark Office of Final Order. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mjr) (Entered: 09/16/2021)

2021-09-16

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Unopposed MOTION to Withdraw as Attorney Palak Shah filed by Activision Blizzard Inc (Hernandez, Jonathan) (Entered: 09/21/2021)

2021-09-21

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ELECTRONIC ORDER granting 346 Unopposed Motion to Withdraw as Counsel. Attorney Palak J. Shah is withdrawn as counsel of record for Defendant Activision Blizzard, Inc. (Ordered by Chief Judge Barbara M. G. Lynn on 9/22/2021) (chmb) (Entered: 09/22/2021)

2021-09-22

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Order on Motion to Withdraw as Attorney

2021-09-22

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MOTION Joint Motion and Stipulation for Deferral of Proposed Bill of Costs and Claim for Attorneys Fees filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) (Entered: 09/23/2021)

2021-09-23

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NOTICE OF APPEAL to the Federal Circuit by Infernal Technology LLC, Terminal Reality Inc. Filing fee $505, receipt number 0539-12246346. Copy of NOA to be sent US Mail to parties not electronically noticed. (Buether, Eric) (Entered: 09/23/2021)

2021-09-23

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USCA Case Number 21-2349-JC in USCA for the Federal Circuit for 349 Notice of Appeal filed by Infernal Technology LLC, Terminal Reality Inc. (svc) (Entered: 09/24/2021)

2021-09-24

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ORDER granting 348 Joint Motion and Stipulation for Deferral of Proposed Bill of Costs and Claim for Attorney's Fees. The deadline for Defendant Activision Blizzard Inc. to file its bill of costs and/or any motion for attorneys fees is 21 days after final resolution of Plaintiffs' appeal to the United States Court of Appeals for the Federal Circuit. (Ordered by Chief Judge Barbara M. G. Lynn on 9/24/2021) (jmg) (Entered: 09/24/2021)

2021-09-24

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Unopposed MOTION to Withdraw as Attorney for Jeffrey R. Bragalone filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Bragalone, Jeffrey) (Entered: 09/24/2021)

2021-09-24

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Unopposed MOTION to Withdraw as Attorney for Daniel F. Olejko filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Olejko, Daniel) (Entered: 09/24/2021)

2021-09-24

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Unopposed MOTION to Withdraw as Attorney for Terry A. Saad filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Saad, Terry) (Entered: 09/24/2021)

2021-09-24

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Transmission of Notice of Appeal, Judgment and Docket Sheet re 349 Notice of Appeal to USCA for the Federal Circuit. (svc)

2021-09-24

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ELECTRONIC ORDER granting 352 Unopposed Motion for Withdrawal of Counsel. Attorney Jeffrey R. Bragalone is withdrawn as counsel of record for Plaintiffs Infernal Technology, LLC and Terminal Reality, Inc. (Ordered by Chief Judge Barbara M. G. Lynn on 9/27/2021) (chmb) (Entered: 09/27/2021)

2021-09-27

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ELECTRONIC ORDER granting 353 Unopposed Motion for Withdrawal of Counsel. Attorney Daniel F. Olejko is withdrawn as counsel of record for Plaintiffs Infernal Technology, LLC and Terminal Reality, Inc. (Ordered by Chief Judge Barbara M. G. Lynn on 9/27/2021) (chmb) (Entered: 09/27/2021)

2021-09-27

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ELECTRONIC ORDER granting 354 Unopposed Motion for Withdrawal of Counsel. Attorney Terry A. Saad is withdrawn as counsel of record for Plaintiffs Infernal Technology, LLC and Terminal Reality, Inc. (Ordered by Chief Judge Barbara M. G. Lynn on 9/27/2021) (chmb) (Entered: 09/27/2021)

2021-09-27

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ELECTRONIC ORDER: In view of [343, 344] the Court's Order and Judgment in favor of Defendant Activision Blizzard Inc and against Plaintiffs Infernal Technology LLC and Terminal Reality, Inc., 294 Defendant's Motion to compel deposition and for sanctions 294 is DENIED as moot. (Ordered by Magistrate Judge Rebecca Rutherford on 9/27/2021) (chmb) (Entered: 09/27/2021)

2021-09-27

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Order on Motion to Withdraw as Attorney

2021-09-27

1

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Order

2021-09-27

1

No Actions

Order

2023-04-27

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Order on Motion to Withdraw as Attorney

2023-05-03

1

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Order

2023-06-15

1

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Order

2023-10-25

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Overview

Parties

Mediator

ADR Provider Follow

Represented By

Defendant

Activision Blizzard Inc Follow

Represented By

Plaintiff

Terminal Reality Inc Follow

Represented By

Infernal Technology LLC Follow

Represented By

Interested Party

Don Tiller Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Infernal Technology, LLC, Terminal Reality, Inc.. (Buether, Eric) (Entered: 05/31/2018)

NOTICE of Attorney Appearance by Christopher M Joe on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Joe, Christopher) (Entered: 05/31/2018)

NOTICE of Attorney Appearance by Michael David Ricketts on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Ricketts, Michael) (Entered: 05/31/2018)

NOTICE of Attorney Appearance by Blake William Buether on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Buether, Blake) (Entered: 05/31/2018)

NOTICE of Attorney Appearance by Michael Clayton Pomeroy on behalf of Infernal Technology, LLC, Terminal Reality, Inc.. (Filer confirms contact info in ECF is current.) (Pomeroy, Michael) (Entered: 05/31/2018)

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (epm) (Entered: 06/01/2018)

Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (epm) (Entered: 06/01/2018)

Summons Issued as to Activision Blizzard Inc. (epm) (Entered: 06/01/2018)

Chief Judge Barbara M.G. Lynn added pursuant to Special Order 3-287. Judge Sidney A Fitzwater no longer assigned to case. (ewd)

SUMMONS Returned Executed as to Activision Blizzard Inc ; served on 6/4/2018. (Buether, Eric) (Entered: 06/08/2018)

Agreed Motion for Extension of Time to File Answer to Plaintiff's Complaint filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Blake) Modified text on 6/21/2018 (mcrd/ala). (Entered: 06/20/2018)

ORDER granting 11 Motion for Extension of Time to File Answer re 1 Complaint. Activision Blizzard Inc answer due 7/23/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 6/22/2018) (axm) (Entered: 06/22/2018)

Unopposed Motion for Extension of Time to File Answer filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order)Attorney Melissa Richards Smith added to party Activision Blizzard Inc(pty:dft) (Smith, Melissa) (Entered: 07/18/2018)

Unopposed Motion for Extension of Time to File Answer filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order)Attorney Melissa Richards Smith added to party Activision Blizzard Inc(pty:dft) (Smith, Melissa) (Entered: 07/18/2018)

ORDER granting 13 Motion for Extension of Time to File Answer re 1 Complaint. Activision Blizzard Inc answer due 8/22/2018. (Ordered by Chief Judge Barbara M.G. Lynn on 7/20/2018) (zkc) (Entered: 07/20/2018)

MOTION FOR WAIVER OF THE LOCAL COUNSEL REQUIREMENT filed by Activision Blizzard Inc (Attachments: # 1 Proposed Order) (Smith, Melissa) Modified on 8/7/2018 (chmb). (Entered: 07/31/2018)

Joint STIPULATION REGARDING U.S. PATENT NOS. NOS. 6,362,822 AND 7,061,488 by Activision Blizzard Inc. (Smith, Melissa) (Entered: 08/22/2018)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Activision Blizzard Inc. (Smith, Melissa) (Entered: 08/22/2018)

ORDER: Before the Court is Defendant's Unopposed Motion to Proceed Without Local Counsel. (ECF No. 15 ). The Motion is GRANTED. Defendant may proceed in this action without local counsel. (Ordered by Chief Judge Barbara M.G. Lynn on 8/27/2018) (sss) (Entered: 08/27/2018)

ELECTRONIC ORDER: The Court's Electronic Order requiring Local Counsel, entered on 9/24/2018, is hereby VACATED. (Ordered by Chief Judge Barbara M.G. Lynn on 9/24/2018) (chmb) (Entered: 09/24/2018)

ORDER granting 21 Application for Admission Pro Hac Vice of David Morehan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

ORDER granting 22 Application for Admission Pro Hac Vice of Palak Shah. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

ORDER granting 23 Application for Admission Pro Hac Vice of B. Trent Webb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 9/25/2018) (rekc) (Entered: 09/27/2018)

NOTICE of Attorney Appearance by Niknaz Bukovcan on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Bukovcan, Niknaz) (Entered: 10/10/2018)

NOTICE of Compliance Regarding Plaintiffs' Initial and Additional Disclosures filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 10/26/2018)

NOTICE of Compliance Regarding Initial Disclosures filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 10/29/2018)

NOTICE of Attorney Appearance by Kenneth P Kula on behalf of Infernal Technology LLC, Terminal Reality Inc. (Filer confirms contact info in ECF is current.) (Kula, Kenneth) (Entered: 10/29/2018)

NOTICE of Compliance Regarding Plaintiffs' Disclosure of Asserted Claims and Preliminary Infringement Contentions filed by Infernal Technology LLC, Terminal Reality Inc (Ricketts, Michael) (Entered: 11/02/2018)

ORDER SETTING RULE 16 CONFERENCE: Scheduling Conference set for 12/4/2018 09:00 AM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M.G. Lynn. (Ordered by Chief Judge Barbara M.G. Lynn on 11/5/2018) (zkc) (Entered: 11/06/2018)

PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M.G. Lynn on 11/5/2018) (zkc) (Entered: 11/06/2018)

Designation of Mediator by Infernal Technology LLC, Terminal Reality Inc. (Kula, Kenneth) (Entered: 11/16/2018)

MEDIATION ORDER. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Hon. David Folsomis appointed Mediator. Deadline for mediation is on or before 1/31/2020. (Ordered by Chief Judge Barbara M.G. Lynn on 11/26/2018) (epm) (Entered: 11/27/2018)

MOTION to Compel Answers to Interrogatories filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 11/27/2018)

Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 40 MOTION to Compel Answers to Interrogatories (Buether, Eric) (Entered: 11/27/2018)

MOTION to Compel Responses to Document Requests filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Buether, Eric) (Entered: 11/28/2018)

Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 43 MOTION to Compel Responses to Document Requests (Attachments: # 1 Declaration of Eric W. Buether, # 2 Exhibits A-D, # 3 Exhibit E-1, # 4 Exhibit E-2) (Buether, Eric) (Entered: 11/28/2018)

NOTICE of Attorney Appearance by Sharon A Israel on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Israel, Sharon) (Entered: 11/29/2018)

Order Referring 40 MOTION to Compel Answers to Interrogatories. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 11/29/2018) (aaa) (Entered: 11/30/2018)

Order Referring 43 MOTION to Compel Responses to Document Requests. Motion referred to Magistrate Judge Rebecca Rutherford. (Ordered by Chief Judge Barbara M.G. Lynn on 11/29/2018) (aaa) (Entered: 11/30/2018)

NOTICE of Attorney Appearance by William Robert Lamb on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Lamb, William) (Entered: 12/03/2018)

Motions no longer referred per 49 Minute Entry: 43 MOTION to Compel Responses to Document Requests, 40 MOTION to Compel Answers to Interrogatories. (axm)

DISCOVERY ORDER (Ordered by Chief Judge Barbara M.G. Lynn on 12/6/2018) (ykp) (Entered: 12/06/2018)

ORDER REGARDING E-DISCOVERY. (Ordered by Chief Judge Barbara M.G. Lynn on 12/6/2018) (zkc) (Entered: 12/06/2018)

MOTION Joint Motion for Entry of Proposed Scheduling Order re 49 Scheduling Conference,,, 20 Order for Scheduling Order Proposal,, filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order (Proposed Scheduling Order)) (Bukovcan, Niknaz) (Entered: 12/14/2018)

Joint Notice of Agreed Technical Advisor re: 32 Status Report, 20 Order for Scheduling Order Proposal filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 12/17/2018)

NOTICE of Joint Notice of Agreed Technical Advisor (Don Tiller) re: 32 Status Report, 20 Order for Scheduling Order Proposal,, filed by Infernal Technology LLC, Terminal Reality Inc (Kula, Kenneth) (Entered: 01/10/2019)

JOINT MOTION FOR ENTRY OF PROPOSED SCHEDULING ORDER filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Bukovcan, Niknaz) Modified title on 1/11/2019 (ctf). (Entered: 01/11/2019)

RESPONSE filed by Activision Blizzard Inc re: 43 MOTION to Compel Responses to Document Requests (Attachments: # 1 Cover Sheet Appendix Cover, # 2 Appendix, # 3 Proposed Order) (Smith, Melissa) (Entered: 01/11/2019)

RESPONSE filed by Activision Blizzard Inc re: 40 MOTION to Compel Answers to Interrogatories (Attachments: # 1 Cover Sheet Appendix Cover, # 2 Appendix, # 3 Proposed Order) (Smith, Melissa) (Entered: 01/11/2019)

(Document Restricted) Sealed Appendix in Support re: 57 Response/Objection (Sealed pursuant to order dated 11/5/2018) filed by Activision Blizzard Inc (Attachments: # 1 Sealed Appendix) (Smith, Melissa) (Entered: 01/11/2019)

ORDER granting 61 Motion to Extend the Deadline to File Replies in Support of their 40 Motion to Compel Answers to Interrogatories and 43 Motion to Compel Responses to Document Requests. Replies due by 2/1/2019. (Ordered by Chief Judge Barbara M.G. Lynn on 1/25/2019) (zkc) (Entered: 01/25/2019)

REPLY filed by Infernal Technology LLC, Terminal Reality Inc re: 40 MOTION to Compel Answers to Interrogatories (Buether, Eric) (Entered: 02/03/2019)

(Document Restricted) Sealed Appendix in Support re: 64 Reply (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 02/03/2019)

REPLY filed by Infernal Technology LLC, Terminal Reality Inc re: 43 MOTION to Compel Responses to Document Requests (Buether, Eric) (Entered: 02/04/2019)

Appendix in Support filed by Infernal Technology LLC, Terminal Reality Inc re 66 Reply (Buether, Eric) (Entered: 02/04/2019)

(Document Restricted) Sealed Appendix in Support re: 67 Appendix in Support (Sealed pursuant to order dated 11/6/2018) filed by Infernal Technology LLC, Terminal Reality Inc (Buether, Eric) (Entered: 02/04/2019)

NOTICE of Defendant's Request For Oral Argument re: 40 MOTION to Compel Answers to Interrogatories and 43 MOTION to Compel Responses to Document Requests filed by Activision Blizzard Inc (Smith, Melissa) (Entered: 02/08/2019)

NOTICE of Attorney Appearance by Jonathan Michael Hernandez on behalf of Activision Blizzard Inc. (Filer confirms contact info in ECF is current.) (Hernandez, Jonathan) (Entered: 02/13/2019)

ORDER REQUIRING JOINT STATUS REPORT AND SETTING HEARING: Status Report due by 3/5/2019. Motion Hearing set for 3/11/2019 02:00 PM before Magistrate Judge Rebecca Rutherford. (Ordered by Magistrate Judge Rebecca Rutherford on 2/15/2019) (rekc) (Entered: 02/15/2019)

Joint MOTION to Extend Time to File Joint Status Report Pursuant to Dkt 72 filed by Infernal Technology LLC, Terminal Reality Inc (Attachments: # 1 Proposed Order) (Ricketts, Michael) (Entered: 03/05/2019)

ADR Provider

Activision Blizzard Inc

Terminal Reality Inc

Infernal Technology LLC

Don Tiller