Amiga Inc v. Hyperion VOF Featured Case

Plaintiff Amiga Inc. alleges that it entered into an (OEM) License and Software Development Agreement with defendant Hyperion VOF for the development of Amiga's next generation operating system software, Amiga OS 4. Plaintiff further alleges defendant breached the agreement by marketing OS 4 outside the scope of the license, granting third parties the right to distribute OS 4 and use Amiga trademarks, refusing to turn over the source code and object code for OS 4, and failing to deliver OS 4 within the timeline specified in the contract.

Plaintiff: Amiga Inc
Defendant: Hyperion VOF
Counter Claimant: Hyperion VOF
Counter Defendant: Amiga Inc and Itec LLC
Case Number: 2:2007cv00631
Filed: April 26, 2007
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: XX US, Outside District
Presiding Judge: Ricardo S Martinez
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 1338 Trademark Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 21, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2009 Filing 149 MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail on 8/12, 8/24, 8/25, 8/27, 9/12, 9/30, 11/3 and 11/4/2009. (AS)
December 14, 2009 Filing 148 STIPULATED JUDGMENT - Motion granted 147 Stipulated Motion for judgment by Judge Ricardo S Martinez.(RS) (Attachment added on 12/17/2009: # 1 Exhibit A - Settlement Agreement) (MKB).
December 11, 2009 Filing 147 Stipulated MOTION for Judgment Entry by Plaintiff Amiga Inc. (Attachments: # 1 Stipulated Judgment) Noting Date 12/11/2009, (Cock, Lawrence)
July 20, 2009 Filing 146 MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail on 7/13, 7/17 and 7/20/2009. (AS)
April 6, 2009 Filing 145 MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail and telephone conferences on 4/6/2009. (AS)
March 26, 2009 Filing 144 MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Settlement Conference continues via e-mail during month of March. (AS)
January 5, 2009 Opinion or Order Filing 137 STIPULATION AND ORDER extending the deadline for Amiga's reply in support of motion for protective order to 12/19/08 by Judge Ricardo S Martinez. (RS)
January 5, 2009 Filing 136 JOINT STATUS REPORT signed by all parties. (Kinsel, William)
December 19, 2008 Filing 135 STIPULATION AND PROPOSED ORDER EXTENDING THE DEADLINE by parties re 134 Reply to Response to Motion. (Cock, Lawrence)
December 18, 2008 Filing 134 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 127 MOTION for Protective Order Cairncross & Hempelmann's (Cock, Lawrence)
December 12, 2008 Filing 131 CERTIFICATE OF SERVICE by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 129 Declaration, 130 Sealed Document, 128 Response to Motion. (Kinsel, William)
December 12, 2008 Filing 130 SEALED DOCUMENT Declaration of William A. Kinsel by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 116 Protective Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kinsel, William)
December 12, 2008 Filing 129 DECLARATION of William A. Kinsel filed by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF re 124 MOTION for Protective Order, 127 MOTION for Protective Order Cairncross & Hempelmann's (Kinsel, William)
December 12, 2008 Filing 128 RESPONSE, by Counter Claimants Hyperion VOF, Hyperion VOF, Defendant Hyperion VOF, to 124 MOTION for Protective Order, 127 MOTION for Protective Order Cairncross & Hempelmann's. (Kinsel, William)
December 2, 2008 Filing 127 MOTION for Protective Order Cairncross & Hempelmann's by Unknown Stephen P. VanDerhoef. Noting Date 12/17/2008 (VanDerhoef, Stephen)
December 2, 2008 Filing 126 DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 124 MOTION for Protective Order (Cock, Lawrence)
December 2, 2008 Filing 125 DECLARATION of Lance Gotthoffer filed by Plaintiff Amiga Inc re 124 MOTION for Protective Order (Cock, Lawrence)
December 2, 2008 Filing 124 MOTION for Protective Order by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order Proposed Order) Noting Date 12/17/2008 (Cock, Lawrence)
September 2, 2008 Opinion or Order Filing 119 SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 11/13/2008 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to chambers at (253)882-3881. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 11/20/2008 at 09:00 AM in D Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS)
August 28, 2008 Opinion or Order Filing 118 REVISED ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT By stipulation of counsel, Joint Status Report due by 1/5/2009; FRCP 26f Conference Deadline is 1/5/2009; Initial Disclosure Deadline is 1/5/2009; by Judge Ricardo S. Martinez. (LW)
August 25, 2008 Opinion or Order Filing 117 ORDER REFERRING CASE to Judge J. Kelley Arnold for purpose of conducting a settlement conference by Judge Ricardo S Martinez. (RS)
August 4, 2008 Opinion or Order Filing 116 STIPULATED PROTECTIVE ORDER by Judge Ricardo S Martinez. (RS)
July 29, 2008 Filing 115 JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Cock, Lawrence)
July 25, 2008 Filing 114 Stipulated MOTION for Protective Order by Counter Claimants Hyperion VOF, Hyperion VOF, Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc, Defendant Hyperion VOF. (Attachments: # 1 Proposed Order Stipulated Protective Oder) Noting Date 7/25/2008 (Kinsel, William)
July 25, 2008 Filing 113 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 111 MOTION for Judgment on the Pleadings (Cock, Lawrence)
July 21, 2008 Filing 112 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 111 MOTION for Judgment on the Pleadings. (Kinsel, William)
July 3, 2008 Filing 111 MOTION for Judgment on the Pleadings by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order Dismissing Hyperion VOF's Counterclaim 6 and 7) Noting Date 7/25/2008; (Cock, Lawrence)
July 3, 2008 Filing 110 Reply and Defenses ANSWER to 105 Answer to Amended Complaint, Counterclaim by Amiga Inc.(Cock, Lawrence)
June 19, 2008 Filing 109 NOTICE of Unavailability of counsel William A Kinsel for Counter Claimant Hyperion VOF, Defendant Hyperion VOF from June 30, 2008 to July 5, 2008. (Kinsel, William)
June 18, 2008 Filing 108 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Scott D Baker for Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Baker, Scott)
June 18, 2008 Opinion or Order Filing 107 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Ricardo S Martinez. Joint Status Report due by 7/30/2008; FRCP 26f Conference Deadline is 7/16/2008; Initial Disclosure Deadline is 7/23/2008. (LC)
June 17, 2008 Filing 106 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Morgan W Tovey for Counter Defendants Amiga Inc, Amiga Inc, Plaintiff Amiga Inc. (Riddell, Alison)
June 17, 2008 Filing 105 ANSWER to 104 Amended Complaint, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William)
April 29, 2008 Filing 104 AMENDED COMPLAINT for Damages, Specific Performance and Injunctive Relief against defendant(s) Hyperion VOF with JURY DEMAND, filed by Amiga Inc. (Attachments: # 1 Exhibit A-J, # 2 Exhibit K-O, # 3 Exhibit P-W)(Cock, Lawrence)
April 21, 2008 Opinion or Order Filing 103 ORDER ON MOTION FOR LEAVE TO AMEND granting plaintiff's 81 Motion for Leave to file amended complaint; striking 98 Motion for Judgment on the Pleadings by Judge Ricardo S Martinez.(RS, )
March 25, 2008 Filing 102 NOTICE of Unavailability of counsel William A Kinsel for Counter Claimant Hyperion VOF, Defendant Hyperion VOF from 04/24/2008 to 05/30/2008. (Kinsel, William)
February 22, 2008 Filing 101 REPLY, filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, TO RESPONSE to 98 MOTION for Judgment on the Pleadings (Cock, Lawrence)
February 19, 2008 Filing 100 Second DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 98 MOTION for Judgment on the Pleadings (Kinsel, William)
February 19, 2008 Filing 99 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 98 MOTION for Judgment on the Pleadings. (Kinsel, William)
January 31, 2008 Filing 98 MOTION for Judgment on the Pleadings by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. Noting Date 2/22/2008.(Cock, Lawrence)
January 17, 2008 Opinion or Order Filing 97 ORDER denying plaintiff's 88 Motion to Quash by Judge Ricardo S Martinez.(RS, )
January 17, 2008 Opinion or Order Filing 96 ORDER ON MOTION TO DISMISS OR TRANSFER re Itec's 71 Motion to Dismiss by Judge Ricardo S Martinez.(RS, )
January 11, 2008 Filing 95 DECLARATION of Robert C. Seidel filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence)
January 11, 2008 Filing 94 REPLY, filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, TO RESPONSE to 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence)
January 9, 2008 Filing 93 CERTIFICATE OF SERVICE by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 91 Response to Motion, 92 Declaration. (Kinsel, William)
January 8, 2008 Filing 92 DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Kinsel, William)
January 8, 2008 Filing 91 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 88 MOTION to Quash Subpoena Duces Tecum to Cairncross. (Kinsel, William)
January 2, 2008 Filing 90 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Cairncross & Hempelmann served on 12/21/07. (RS, )
January 2, 2008 Filing 89 DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 88 MOTION to Quash Subpoena Duces Tecum to Cairncross (Cock, Lawrence)
January 2, 2008 Filing 88 MOTION to Quash Subpoena Duces Tecum to Cairncross by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 1/11/2008.(Cock, Lawrence)
December 28, 2007 Filing 87 OBJECTIONS to Subpoena filed by Cairncross & Hempelmann, PS. (Brunet, Michael)
December 21, 2007 Filing 86 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence)
December 18, 2007 Filing 85 DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 81 MOTION for Leave To Amend Its Complaint (Kinsel, William)
December 18, 2007 Filing 84 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 81 MOTION for Leave To Amend Its Complaint. (Kinsel, William)
December 12, 2007 Filing 83 PROPOSED ORDER (Unsigned) re 81 MOTION for Leave To Amend Its Complaint (Cock, Lawrence)
December 12, 2007 Filing 82 DECLARATION of Lawrence R. Cock filed by Plaintiff Amiga Inc re 81 MOTION for Leave To Amend Its Complaint (Attachments: # 1 Appendix Amended Complaint# 2 Exhibit A-J# 3 Exhibit K-O# 4 Exhibit P-W)(Cock, Lawrence)
December 12, 2007 Filing 81 MOTION for Leave To Amend Its Complaint by Plaintiff Amiga Inc. Noting Date 12/21/2007.(Cock, Lawrence)
November 30, 2007 Filing 80 DECLARATION of John Grzymala filed by Counter Defendant Itec LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence)
November 30, 2007 Filing 79 REPLY, filed by Counter Defendant Itec LLC, TO RESPONSE to 71 MOTION to Dismiss or in the alternative, Transfer (Cock, Lawrence)
November 26, 2007 Filing 78 DECLARATION of Ben Hermans filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William)
November 26, 2007 Filing 77 DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William)
November 26, 2007 Filing 76 DECLARATION of Evert Carton filed by Counter Claimant Hyperion VOF, Defendant Hyperion VOF re 71 MOTION to Dismiss or in the alternative, Transfer (Kinsel, William)
November 26, 2007 Filing 75 RESPONSE, by Counter Claimant Hyperion VOF, Defendant Hyperion VOF, to 71 MOTION to Dismiss or in the alternative, Transfer. (Kinsel, William)
November 8, 2007 Filing 74 PROPOSED ORDER (Unsigned) re 71 MOTION to Dismiss or in the alternative, Transfer. (Cock, Lawrence)
November 8, 2007 Filing 73 DECLARATION of John Grzymala filed by Counter Defendant Itec, LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Attachments: # 1 Exhibit 1-4)(Cock, Lawrence)
November 8, 2007 Filing 72 DECLARATION of Lance Gotthoffer filed by Counter Defendant Itec, LLC re 71 MOTION to Dismiss or in the alternative, Transfer (Attachments: # 1 Exhibit 1-5# 2 Exhibit 6-9)(Cock, Lawrence)
November 8, 2007 Filing 71 MOTION to Dismiss or in the alternative, Transfer by Counter Defendant Itec, LLC. Oral Argument Requested.Noting Date 11/30/2007.(Cock, Lawrence)
October 19, 2007 ***Motion terminated: 50 MOTION for Judgment on the Pleadings filed by Amiga Inc. Motion taken off calendar per Court's order, Dkt. # 65, to be re-noted by plaintiff after counter-defendant Itec has appeared and answered. (LS)
October 4, 2007 Opinion or Order Filing 70 ORDER GRANTING APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE re Attorney Jeffrey Michael Tamarin for Amiga Inc addedby Judge Bruce Rifkin. (Text only entry - no image attached)(RS, )
October 4, 2007 Filing 69 APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE; ATTACHMENT ATTORNEY REGISTRATION FORM; ATTACHMENT PAYMENT CONFIRMATION DATED 10/1/07 by Plaintiff Amiga Inc. (Attachments: # 1 # 2)(Cock, Lawrence)
September 24, 2007 Filing 68 REPLY AND DEFENSES / ANSWER to Amended Counterclaim by Amiga Inc.(Cock, Lawrence)
September 11, 2007 Filing 67 PRAECIPE TO ISSUE SUMMONS re 65 Order on Motion for Miscellaneous Relief, Add and Terminate Parties by Counter Claimant Hyperion VOF. (Kinsel, William)
September 10, 2007 Filing 66 AMENDED COUNTERCLAIM against plaintiff Amiga Inc, Itec, LLC, filed by Hyperion VOF.(Kinsel, William)
September 6, 2007 Opinion or Order Filing 65 ORDER granting 41 Motion to Join Itec, LLC as a Counterclaim Defendant by Judge Ricardo S Martinez.(TS, )
August 21, 2007 Opinion or Order Filing 64 ORDER extending deadline for Amiga Inc's reply in support of Amiga's motion for judgment on the pleadingsby Judge Ricardo S Martinez. (RS, )
August 2, 2007 Filing 63 PROPOSED ORDER (Unsigned) re 58 Stipulation To Extend Deadline for Amiga, Inc.'s Reply in Support of Amiga, Inc.'s Motion for Judgment on the Pleadings (Cock, Lawrence)
July 30, 2007 Filing 62 DECLARATION of Lawrence R. Cock Authenticating Documents filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence)
July 30, 2007 Filing 61 DECLARATION of Tim Paterson Re Trademark Registrations filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence)
July 30, 2007 Filing 60 DECLARATION of TIm Paterson Re Trademark Applications filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 50 MOTION for Judgment on the Pleadings (Cock, Lawrence)
July 30, 2007 Filing 59 REPLY, filed by Counter Defendant Amiga Inc, TO RESPONSE to 50 MOTION for Judgment on the Pleadings (Cock, Lawrence)
July 27, 2007 Filing 58 STIPULATION Extending the Deadline for Amiga, Inc.'s Reply in Support of Amiga, Inc.'s Motion for Judgment on the Pleadings by parties. (Cock, Lawrence)
July 23, 2007 Filing 57 CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 56 Memorandum, 55 Declaration, 54 Declaration of William A. Kinsel in Opposition to Amiga Delaware's Motion for Judgment on the Pleadings. (Kinsel, William)
July 23, 2007 Filing 56 MEMORANDUM filed by Defendant Hyperion VOF re 50 MOTION for Judgment on the Pleadings (Kinsel, William)
July 23, 2007 Filing 55 DECLARATION of William A. Kinsel in Opposition to Amiga Delaware's 50 MOTION for Judgment on the Pleadings (Kinsel, William) Modified on 7/24/2007 (ECS, ).
July 23, 2007 Filing 54 DECLARATION of Evert Carton in Opposition to Amiga Delaware's 50 MOTION for Judgment on the Pleadings (Kinsel, William) Modified on 7/24/2007 (ECS, ).
July 13, 2007 Filing 53 REPLY, filed by Defendant Hyperion VOF, TO RESPONSE to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William)
July 10, 2007 Filing 52 DECLARATION of Lance Gotthoffer filed by Counter Defendant Amiga Inc, Plaintiff Amiga Inc re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Cock, Lawrence)
July 10, 2007 Filing 51 RESPONSE, by Counter Defendant Amiga Inc, Plaintiff Amiga Inc, to 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant. (Cock, Lawrence)
July 5, 2007 Filing 50 MOTION for Judgment on the Pleadings by Plaintiff Amiga Inc. Noting Date 7/27/2007.(Cock, Lawrence)
July 3, 2007 Filing 49 REPLY by Counter Defendant Amiga Inc, Plaintiff Amiga Inc to 39 Answer to Complaint, Counterclaim. (Cock, Lawrence)
July 3, 2007 Opinion or Order Filing 48 ORDER re 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Lance Gotthoffer as pro hac vice atty for Counter Defendant Amiga Inc, Plaintiff Amiga Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(RS, )
July 3, 2007 Opinion or Order Filing 47 ORDER re 46 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Kenneth Joe Philpot as pro hac vice atty for Counter Defendant Amiga Inc, Plaintiff Amiga Inc, by Bruce Rifkin. (No document associated with this docket entry, text only.)(RS, )
July 2, 2007 Filing 46 APPLICATION OF ATTORNEY Kenneth Philpot FOR LEAVE TO APPEAR PRO HAC VICE by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Attachments: # 1 ECF Registration Form)(Cock, Lawrence)
June 29, 2007 Filing 45 APPLICATION OF ATTORNEY Lance Gotthoffer FOR LEAVE TO APPEAR PRO HAC VICE by Counter Defendant Amiga Inc, Plaintiff Amiga Inc. (Attachments: # 1 ECF Registration Form)(Cock, Lawrence)
June 27, 2007 Filing 44 CERTIFICATE OF SERVICE by Counter Claimant Hyperion VOF re 42 Declaration, 43 Declaration, 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant. (Kinsel, William)
June 26, 2007 Filing 43 DECLARATION of Evert Carton filed by Counter Claimant Hyperion VOF re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William)
June 26, 2007 Filing 42 DECLARATION of William A. Kinsel filed by Counter Claimant Hyperion VOF re 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant (Kinsel, William)
June 26, 2007 Filing 41 MOTION to Join ITEC, LLC as a Counterclaim Defendant by Counter Claimant Hyperion VOF. Noting Date 7/13/2007.(Kinsel, William)
June 19, 2007 Filing 40 NOTICE of Corrected Image/Document re 38 Order on Motion for Preliminary Injunction. (Service of corrected/format image is attached). (CL, )
June 13, 2007 Filing 39 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against plaintiff Amiga Inc by Hyperion VOF.(Kinsel, William)
June 11, 2007 Opinion or Order Filing 38 ORDER denying plaintiff's 3 Motion for Preliminary Injunction by Judge Ricardo S Martinez.(RS, ) (CL, ). Modified on 6/19/2007 (CL, ).
June 6, 2007 Filing 37 TRANSCRIPT of Proceedings held on 5/31/07, Motion for Preliminary Injunction before Judge Ricardo S Martinez. Court Reporter: B. Fanning. (SA)
May 31, 2007 Filing 36 MINUTE ENTRY for proceedings held before Judge Ricardo S. Martinez - Dep Clerk: Lowell Williams; Pla Counsel: Scott Baker, Morgan Tovey, Lawrence Cock; Def Counsel: William Kinsel; CR: Barry Fanning; Time of Hearing: 10:00 AM; Courtroom: 13206; Motion Hearing held on 5/31/2007 re 3 MOTION for Preliminary Injunction filed by Amiga Inc. Court hears argument from counsel and takes matter under advisement. (LW)
May 25, 2007 Filing 35 DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A-C# 2 Exhibit D-F# 3 Exhibit G-H# 4 Exhibit I-J# 5 Exhibit K-R)(Tovey, Morgan)
May 25, 2007 Filing 34 DECLARATION of Barrie Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A&B)(Tovey, Morgan)
May 25, 2007 Filing 33 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 3 MOTION for Preliminary Injunction (Tovey, Morgan)
May 22, 2007 Filing 32 CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 28 Declaration, 29 Declaration, 24 Response to Motion, 27 Declaration, 26 Declaration, 31 Declaration, 25 Declaration, 30 Declaration. (Kinsel, William)
May 22, 2007 Filing 31 DECLARATION of Hyperion's Index of Declaration Exhibits filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 30 DECLARATION of Thomas Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 29 Second DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 28 DECLARATION of Hans-Jorg Frieden filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 27 Second DECLARATION of Evert Carton filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 26 DECLARATION of Evert Carton filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 to 9# 5 Exhibit 10 & 11# 6 Exhibit 12 to 15# 7 Exhibit 16 & 17# 8 Exhibit 18 & 19)(Kinsel, William)
May 21, 2007 Filing 25 DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 3 MOTION for Preliminary Injunction (Kinsel, William)
May 21, 2007 Filing 24 RESPONSE, by Defendant Hyperion VOF, to 3 MOTION for Preliminary Injunction. Oral Argument Requested. (Kinsel, William)
May 17, 2007 Filing 23 NOTICE of Unavailability of counsel William A Kinsel for Defendant Hyperion VOF from 07/02/2007 to 07/06/2007. (Kinsel, William)
May 17, 2007 Set Oral Argument on 3 MOTION for Preliminary Injunction : Motion Hearing set for 5/31/2007 at 10:00 AM before Hon. Ricardo S. Martinez. (LW)
May 16, 2007 Opinion or Order Filing 22 ORDER granting in part and denying in part 6 Motion for expedited discovery by Judge Ricardo S Martinez.(RS, )
May 11, 2007 Filing 21 DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence)
May 11, 2007 Filing 20 DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence)
May 11, 2007 Filing 19 REPLY, filed by Plaintiff Amiga Inc, TO RESPONSE to 6 MOTION to Expedite Discovery (Cock, Lawrence)
May 10, 2007 Filing 18 SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF (Riddell, Alison)
May 9, 2007 Filing 17 CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 16 Declaration. (Kinsel, William)
May 9, 2007 Filing 16 Supplemental DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William)
May 8, 2007 Filing 15 AFFIDAVIT OF SERVICE by Defendant Hyperion VOF re 14 Declaration, 13 Response to Motion, 12 Notice of Appearance. (Kinsel, William)
May 8, 2007 Filing 14 DECLARATION of William A. Kinsel filed by Defendant Hyperion VOF re 6 MOTION to Expedite Discovery (Kinsel, William)
May 8, 2007 Filing 13 RESPONSE, by Defendant Hyperion VOF, to 6 MOTION to Expedite Discovery. (Kinsel, William)
May 8, 2007 Filing 12 NOTICE of Appearance by attorney William A Kinsel on behalf of Defendant Hyperion VOF. (Kinsel, William)
May 4, 2007 Filing 11 SERVICE OF SUMMONS and Complaint returned executed upon defendant Hyperion VOF on 4/30/2007 Proof of Service (Cock, Lawrence)
May 4, 2007 Filing 10 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Scott D Baker for Amiga Inc pro hac vice. Receipt # SEA 9102. (RS, )
April 30, 2007 Filing 9 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Morgan W Tovey for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, )
April 30, 2007 Filing 8 APPLICATION by Plaintiff Amiga Inc AND ORDER admitting Alison B Riddell for Amiga Inc pro hac vice. Receipt # SEA 8927. (RS, )
April 27, 2007 Filing 7 DECLARATION of Morgan W. Tovey filed by Plaintiff Amiga Inc re 6 MOTION to Expedite Discovery (Cock, Lawrence)
April 27, 2007 Filing 6 MOTION to Expedite Discovery by Plaintiff Amiga Inc. (Attachments: # 1 Proposed Order)Noting Date 5/11/2007.(Cock, Lawrence)
April 27, 2007 Filing 5 DECLARATION of Barrie Jon Moss filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence)
April 27, 2007 Filing 4 DECLARATION of William McEwen filed by Plaintiff Amiga Inc re 3 MOTION for Preliminary Injunction (Cock, Lawrence)
April 27, 2007 Filing 3 MOTION for Preliminary Injunction by Plaintiff Amiga Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order)Noting Date 5/25/2007.(Cock, Lawrence)
April 27, 2007 Filing 2 REPORT on the filing or determination of an action. E-mailed to the US Patent/Trademark Office. (Attachments: # 1 Complaint & Exhibits A-G to Complaint) (PM, ) Modified on 4/27/2007 to change description of attachment (PM, ).
April 26, 2007 Filing 1 COMPLAINT and JURY TRIAL DEMANDED against defendant Hyperion VOF (Summons(es) issued)(Receipt # SEA 8926), filed by Amiga Inc. (Attachments: # 1 Exhibit A-G to Complaint# 2 Civil Cover Sheet)(PM, )

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Plaintiff: Amiga Inc
Represented By: Morgan W Tovey
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Defendant: Hyperion VOF
Represented By: William A Kinsel
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Counter claimant: Hyperion VOF
Represented By: William A Kinsel
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Counter defendant: Amiga Inc
Represented By: Morgan W Tovey
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Counter defendant: Itec LLC
Represented By: Lawrence Ronald Cock
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