Gibson Guitar Corporation v. Harmonix Music Systems, Inc. et al

Plaintiff Gibson Guitar Corporation alleges that Defendants Harmonix Music Systems, Inc., MTV Networks and Electronic Arts, Inc. infringed on U.S. Patent No. 5,990,405 entitled "System and Method for Generating and Controlling a Simulated Musical Concert Experience." The suit relates to the Guitar Hero and Rock Band series of products.
Plaintiff:Gibson Guitar Corporation
Defendant:Harmonix Music Systems, Inc., MTV Networks and Electronic Arts, Inc.
 
Case Number:3:2008cv00294
Filed:March 20, 2008
 
Court:Tennessee Middle District Court
Office:Nashville Office [ Court Info ]
County:Davidson
Presiding Judge:Senior Judge Thomas Wiseman
Referring Judge:Magistrate Judge E. Clifton Knowles
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
March 20, 2008 1 COMPLAINT against MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc., filed by Gibson Guitar Corporation.Filing fee paid $350.summons issued. (Attachments: # 1 Exhibit 1# 2 summons# 3 Civil Cover Sheet)(eh) (Entered: March 21, 2008)
March 20, 2008 2 NOTICE from USDC Clerk regarding Corporate Dosclosure Statement requirement (eh) (Entered: March 21, 2008)
March 20, 2008 3 NOTICE of Initial Case Management Conference set for Monday 5/12/2008 at 10:30 AM in Courtroom 661 before Magistrate Judge E. Clifton Knowles. (eh) (Entered: March 21, 2008)
March 31, 2008 4 MOTION for attorney Matthew Siegal, Jason Sobel, Richard Eskew and Angie Hankins to Appear Pro Hac Vice by Gibson Guitar Corporation. (PHV FEE PAID ON 4/1/08) (Attachments: # 1 Proposed Order, # 2 Exhibit Certificate of of Good Standing for Jason Sobel, # 3 Exhibit Certificate of Good Standing for Matthew Siegal, # 4 Exhibit Certificate of Good Standing for Richard Eskew, # 5 Exhibit Certificate of Good Standing for Angie Hankins)(Pierce, Douglas) Modified Text on 4/2/2008 (dt). (Entered: March 31, 2008)
March 31, 2008 5 CORPORATE DISCLOSURE STATEMENT filed by Gibson Guitar Corporation. (Pierce, Douglas) (Entered: March 31, 2008)
April 1, 2008 6 SUMMONS returned executed by Gibson Guitar Corporation. MTV Networks served on 3/26/2008. (Pierce, Douglas) (Entered: April 1, 2008)
April 1, 2008 7 SUMMONS returned executed by Gibson Guitar Corporation. Harmonix Music Systems, Inc. served on 3/27/2008. (Pierce, Douglas) (Entered: April 1, 2008)
April 1, 2008 8 RECEIPT #34675-1960 in the amount of $300.00 posted by King and Ballow for Matthew W. Siegal, Richard Eskew, Angie Hankins, and Jason Sobel, Attorneys for Gibson Guitar Corporation, re 4 Motion to Appear Pro Hac Vice. (dt) (Entered: April 2, 2008)
April 7, 2008 9 ORDER granting 4 Motion for Matthew W. Siegal, Richard Eskew, Angie M. Hankins and Jason M. Sobel to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 04/07/08. (ab) (Entered: April 7, 2008)
April 7, 2008 Email notification to Attys re: CMECF registration. (ab) (Entered: April 7, 2008)
April 8, 2008 10 SUMMONS returned executed by Gibson Guitar Corporation. Electronic Arts, Inc. served on 3/31/2008. (Pierce, Douglas) (Entered: April 8, 2008)
April 14, 2008 11 MOTION for attorney Mark A. Samuels, Robert M. Schwartz & William J. Charron to Appear Pro Hac Vice by MTV Networks, Harmonix Music Systems, Inc.. (**PHV FEE PAID on 4/22/08**) (Attachments: # 1 Proposed Order)(Harwell, Aubrey) Modified Text on 4/15/2008 (dt). Modified Text on 4/24/2008 (dt). (Entered: 04/14/2008)
April 14, 2008 12 CERTIFICATE OF GOOD STANDING of Attorney Mark A. Samuels from the United States District Court for the Central of California filed by MTV Networks, Harmonix Music Systems, Inc.. (Harwell, Aubrey) (Entered: April 14, 2008)
April 14, 2008 13 CERTIFICATE OF GOOD STANDING of Attorney Robert M. Schwartz from the United States District Court for the Central of California filed by MTV Networks, Harmonix Music Systems, Inc.. (Harwell, Aubrey) (Entered: April 14, 2008)
April 14, 2008 14 CERTIFICATE OF GOOD STANDING of Attorney William J. Charron from the United States District Court for the Central of California filed by MTV Networks, Harmonix Music Systems, Inc.. (Harwell, Aubrey) (Entered: April 14, 2008)
April 14, 2008 15 ANSWER to 1 Complaint, COUNTERCLAIM against Gibson Guitar Corporation by MTV Networks, Harmonix Music Systems, Inc..(Harwell, Aubrey) (Entered: April 14, 2008)
April 14, 2008 16 CORPORATE DISCLOSURE STATEMENT filed by MTV Networks, Harmonix Music Systems, Inc.. (Harwell, Aubrey) (Entered: April 14, 2008)
April 18, 2008 17 NOTICE by Electronic Arts, Inc. re 11 MOTION for attorney Mark A. Samuels, Robert M. Schwartz & William J. Charron to Appear Pro Hac Vice (Attachments: # 1 Proposed Order)(Harwell, Aubrey) (Entered: 04/18/2008)
April 18, 2008 18 ANSWER to 1 Complaint, COUNTERCLAIM against Gibson Guitar Corporation by Electronic Arts, Inc..(Harwell, Aubrey) (Entered: April 18, 2008)
April 18, 2008 19 CORPORATE DISCLOSURE STATEMENT filed by Electronic Arts, Inc.. (Harwell, Aubrey) (Entered: April 18, 2008)
April 22, 2008 20 RECEIPT #34675-2269 in the amount of $225.00 posted by Neal & Harwell, PLC, for Mark Samuels, Robert Schwartz, and William Charron, attorneys for MTV Networks and Harmonix Music Systems, Inc., re 11 Motion to Appear Pro Hac Vice. (dt) (Entered: April 22, 2008)
April 24, 2008 21 ORDER granting 11 Motion for Mark A. Samuels, Robert M. Schwartz, and William J. Charron to Appear Pro Hac Vice. Signed by Magistrate Judge E. Clifton Knowles on 4/24/08. (dt) (Entered: April 24, 2008)
May 1, 2008 22 NOTICE of Filing Motion to Continue Initial Case Management Conference and Reinstate Rule 26(d) Stay of Discovery filed by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc. (Attachments: # 1 Motion to Continue Initial Case Management Conference and Reinstate Rule 26(d) Stay of Discovery in Case No 08-0279)(Harwell, Aubrey) Modified Text on 5/2/2008 (dt). (Entered: May 1, 2008)
May 5, 2008 23 Gibson Guitar Corp.'s ANSWER to 15 Answer to Complaint, Counterclaim of Harmonix Music Systems, Inc. and Viacom International Inc. by Gibson Guitar Corporation.(Eskew, Richard) (Entered: May 5, 2008)
May 6, 2008 24 ORDER: This Case is reassigned as a related case to Magistrate Judge Juliet E. Griffin. Magistrate Judge E. Clifton Knowles no longer assigned to case. Signed by Magistrate Judge E. Clifton Knowles on 5/6/08. (dt) (Entered: May 6, 2008)
May 6, 2008 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc.. (Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 26 MEMORANDUM in Support of 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit filed by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc.. (Attachments: # 1 Broadcast Innovation LLC v Charter Comms Inc, # 2 Brown v Shimano Am Corp, # 3 Digital Magnetic Sys Inc v Ansley, # 4 EchoStar Tech Corp v Tivo Inc, # 5 Ingro v Tyco Indus Inc, # 6 Nanometrics Inc v Nova Measuring Instruments Ltd, # 7 Nilssen v Universal Lighting Techs Inc, # 8 Photoflex Prods Inc v Circa 3 LLC, # 9 Softview Computer Prods Corp v Haworth Inc, # 10 Sorensen v Black & Decker Corp, # 11 Tse v Apple Inc, # 12 Werre v Battenfeld Techs Inc)(Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 27 DECLARATION of William Charron filed by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc. in support of 25 Motion to Stay Pending U.S.P.T.O.'s Reexamination of the Patent in Suit. (Attachments: # 1 Exhibit A - Request for Reexamination (Part 1))(Harwell, Aubrey) Modified Text on 5/7/2008 (dt). (Entered: 05/06/2008)
May 6, 2008 28 Additional Attachments to Main Document re: 27 Declaration. (Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 29 Additional Attachments to Main Document re: 27 Declaration. (Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 30 Additional Attachments to Main Document re: 27 Declaration. (Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 31 Additional Attachments to Main Document re: 27 Declaration. (Harwell, Aubrey) (Entered: May 6, 2008)
May 6, 2008 32 MOTION for Hearing on 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc.. (Harwell, Aubrey) Modified Text on 5/7/2008 (dt). (Entered: May 6, 2008)
May 7, 2008 33 Gibson Guitar Corp.'s ANSWER to 18 Answer to Complaint, Counterclaim of Defendant Electronics Arts, Inc. by Gibson Guitar Corporation.(Eskew, Richard) (Entered: May 7, 2008)
May 7, 2008 34 ORDER: This case was reassigned to Magistrate Judge Griffin as related to the case of Gibson Guitar v. Wal-Mart, 3:08cv0279. The initial case management conference set for 5/12/08 at 10:30 a.m. is Cancelled. Inasmuch as a telephone conference is scheduled in case numbered 3-08-0279, on Monday,5/12/08, at 12:00 noon, and inasmuch the parties and counsel in this case are also parties and counsel in case numbered 3-08-0279, the Court will address the progression of this case during or at the conclusion of the conference call in case numbered 3-08-0279. Signed by Magistrate Judge Juliet E. Griffin on 5/7/08. (dt) (Entered: May 7, 2008)
May 9, 2008 35 NOTICE of Filing by MTV Networks, Electronic Arts, Inc., Harmonix Music Systems, Inc. (Attachments: # 1 Notice of Conference Call Information (Case No 3:08-0279))(Harwell, Aubrey) (Entered: May 9, 2008)
May 13, 2008 36 ORDER: Telephone Conference held on 5/12/08, at which time the following matters were addressed: Plaintiff agrees that Viacom International Inc. is the proper defendant and should be substituted for defendant MTV Networks. Therefore, the Clerk is directed to terminate MTV Networks as a defendant and counterplaintiff in this action and to substitute therefor Viacom International Inc., which is represented by the same counsel previously listed for MTV Networks. Viacom International, Inc. rep by William J. Charron, Aubrey B. Harwell, III, William Taylor Ramsey, Robert M. Schwartz, Mark A. Samuels added. MTV Networks terminated. With the agreement of the plaintiff, discovery shall be held in abeyance until the resolution of the pending motions to dismiss in the case of Gibson Guitar Corp. v. Wal-Mart Stores Inc., 3-08-0279. Consideration of consolidation of this case with the related case shall be deferred until after the resolution of the above listed motions. Entry of a case management order will be deferred until the resolution of the penidng motions in the related case. Plaintiff shall have until 6/4/08, to file a response to the defendants' motion for a stay pending reexamination of the patent in suit 25 . The defendant shall have until 6/18/08, to file a reply, if necessary. Signed by Magistrate Judge Juliet E. Griffin on 5/13/08. (dt) (Entered: May 14, 2008)
June 4, 2008 37 RESPONSE, Opposing In Part and Joining In Part, to 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit filed by Gibson Guitar Corporation. (Attachments: # 1 Proposed Order Granting Partial Stay Pending Reexamination of the Patent in Suit by U.S.P.T.O.)(Pierce, Douglas) Modified Text on 6/5/2008 (dt). (Entered: June 4, 2008)
June 4, 2008 38 DECLARATION of Jason M. Sobel in support of 37 RESPONSE to 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit filed by Gibson Guitar Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pierce, Douglas) Modified Text on 6/5/2008 (dt). (Entered: June 4, 2008)
June 18, 2008 39 REPLY to Response to Motion re 25 MOTION to Stay Pending USPTO's Reexamination of the Patent in Suit filed by Electronic Arts, Inc., Viacom International, Inc., Harmonix Music Systems, Inc.. (Attachments: # 1 Ho Keung Tse v Apple Inc, # 2 Medpointe Healthcare Inc v Hi-Tech Pharmacal Co Inc, # 3 Nilssen v Universal Lighting Tech, # 4 NTP Inc v T-Mobile USA Inc, # 5 Softview Computer Prods Corp v Haworth Inc, # 6 Tap Pharm Prods Inc v Atrix Labs Inc)(Harwell, Aubrey) (Entered: June 18, 2008)
June 18, 2008 40 DECLARATION of B. Jennifer Glad filed by Electronic Arts, Inc., Viacom International, Inc., Harmonix Music Systems, Inc. re: 39 Reply to Response to Motion,. (Attachments: # 1 A - Waiver of Patent Owner Statement, # 2 B - E-mail Exchange)(Harwell, Aubrey) (Entered: June 18, 2008)
Docket Report Last Checked: July 3, 2008 12:33:16 PDT
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Plaintiff: Gibson Guitar Corporation
Represented By: Richard Eskew, Douglas Ray Pierce, Matthew W. Siegal, Jason M. Sobel
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Defendant: Harmonix Music Systems, Inc.
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Defendant: MTV Networks
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Defendant: Electronic Arts, Inc.
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