Zango Inc v. Kaspersky Lab Inc

Plaintiff Zango Inc. alleges that defendant Kaspersky Lab Inc.'s anti-virus product "Kaspersky Internet Security" identifies plaintiff's software as being malicious and infectious, prevents users from downloading Zango products, prevents users from installing Zango products, and removes Zango weblinks and promotional links hosted by Zango publishers.

Additional Resources

Plaintiff:Zango Inc
Defendant:Kaspersky Lab Inc
 
Case Number:2:2007cv00807
Filed:May 25, 2007
 
Court:Washington Western District Court
Office:Seattle Office [ Court Info ]
County:King
Presiding Judge: John C Coughenour
 
Nature of Suit:Torts - Injury - Other Personal Injury
Cause:28:1332 Diversity-Personal Injury
Jurisdiction:Diversity
Jury Demanded By:Plaintiff

Date Filed

#

Docket Text

May 25, 2007 1 NOTICE OF REMOVAL from King County Superior Court, case number 07-2-16532-1 SEA; (Receipt #: SEA9648), filed by Kaspersky Lab Inc. (Attachments: # 1 Civil Cover Sheet)(DJ) (Entered: May 29, 2007)
May 25, 2007 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Kaspersky Lab Inc. (DJ) (Entered: May 29, 2007)
May 25, 2007 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant Kaspersky Lab Inc. (DJ) (Entered: May 29, 2007)
May 25, 2007 6 NOTICE OF APPEARANCE by attorney Bruce EH Johnson on behalf of Defendant Kaspersky Lab Inc. (DJ) (Entered: May 29, 2007)
May 25, 2007 10 VERIFICATION OF STATE COURT RECORDS re 3 Notice-Other Exhibit A by Defendant Kaspersky Lab Inc. (DJ) (Entered: May 29, 2007)
May 25, 2007 11 CERTIFICATE OF FILING re 2 Notice-Other, 1 Notice of Removal by Defendant Kaspersky Lab Inc. (DJ) (Entered: May 29, 2007)
May 25, 2007 12 CERTIFICATE OF SERVICE by Defendant Kaspersky Lab Inc re 2 Notice-Other, 10 Verification of State Court, 11 Certificate-Other, 6 Notice of Appearance, 1 Notice of Removal. (DJ) (Entered: May 29, 2007)
May 29, 2007 4 MOTION for Temporary Restraining Order by Plaintiff Zango Inc. Oral Argument Requested. (Attachments: # 1 Proposed Order Zango, Inc.'s Proposed Temporary Restraining Order)Noting Date 5/29/2007.(Fogg, Steven) (Entered: May 29, 2007)
May 29, 2007 5 DECLARATION of Gregg Berretta filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Fogg, Steven) (Entered: May 29, 2007)
May 29, 2007 7 DECLARATION of Richard Purcell filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Fogg, Steven) (Entered: May 29, 2007)
May 29, 2007 8 DECLARATION of Steve Fogg filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Fogg, Steven) (Entered: May 29, 2007)
May 29, 2007 9 DECLARATION of Service filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Fogg, Steven) (Entered: May 29, 2007)
May 30, 2007 13 This Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge. The Court RE-NOTES for June 4, 2007 4 Pltf's MOTION for Temporary Restraining Order. Response ddl June 4, 2007 at 9:00am, reply ddl June 4, 2007 at 5:00pm.(CL, ) (Entered: May 30, 2007)
May 30, 2007 14 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiff Zango Inc. Kelly P Corr is substituted as counsel for Plaintiff. Attorney Kelly P Corr and Steven W Fogg terminated. (Corr, Kelly) (Entered: May 30, 2007)
June 4, 2007 15 DECLARATION of Coursen filed by Defendant Kaspersky Lab Inc re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 16 DECLARATION of Everett-Church filed by Defendant Kaspersky Lab Inc re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 17 RESPONSE, by Defendant Kaspersky Lab Inc, to 4 MOTION for Temporary Restraining Order. (Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 18 DECLARATION of Angelo Gentile filed by Defendant Kaspersky Lab Inc re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A# 2 Exhibit B)(Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 19 PROPOSED ORDER (Unsigned) re 17 Response to Motion (Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 20 ERRATA re 17 Response to Motion for TRO (Corrected Version) by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 4, 2007)
June 4, 2007 21 APPLICATION by Defendant Kaspersky Lab Inc AND ORDER admitting Lisa M Fleming for Kaspersky Lab Inc pro hac vice. Receipt # SEA 9722. (MD, ) (Entered: June 4, 2007)
June 4, 2007 22 APPLICATION by Defendant Kaspersky Lab Inc AND ORDER admitting Erik Paul Belt for Kaspersky Lab Inc pro hac vice. Receipt # SEA 9723. (MD, ) (Entered: June 4, 2007)
June 4, 2007 23 DECLARATION of Michael Rosenberger filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Rosenberger, Michael) (Entered: June 4, 2007)
June 4, 2007 24 REPLY, filed by Plaintiff Zango Inc, TO RESPONSE to 4 MOTION for Temporary Restraining Order (Rosenberger, Michael) (Entered: June 4, 2007)
June 4, 2007 25 Second DECLARATION of Gregg Berretta filed by Plaintiff Zango Inc re 4 MOTION for Temporary Restraining Order (Rosenberger, Michael) (Entered: June 4, 2007)
June 6, 2007 26 ORDER denying 4 Motion for TRO by Judge John C. Coughenour. (KC) (Entered: 06/06/2007)
June 8, 2007 27 NOTICE of Change of Address of Attorney Bruce EH Johnson. Filed by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 8, 2007)
June 12, 2007 28 MOTION to Dismiss by Defendant Kaspersky Lab Inc. (Attachments: # 1 Appendix # 2 Exhibit Supplemental Declaration of Gentile# 3 Supplement Signature page for Declaration# 4 Proposed Order)Noting Date 7/6/2007.(Johnson, Bruce) (Entered: June 12, 2007)
June 14, 2007 29 PRAECIPE re 15 Declaration of Shane Coursen (Executed Signature Page) by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 30 PRAECIPE re 16 Declaration of Everett-Church (Executed Signature Page) by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 31 PRAECIPE re 18 Declaration of Angelo Gentile (Executed Signature Page) by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 32 SUPPLEMENT re 1 Notice of Removal Verification of State Court Records by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 33 EXHIBIT 1 (Zango TRO in King County Superior Court) re 32 Supplement by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 34 EXHIBIT 2 (Purcell Declaration in King County Superior Court re 32 Supplement by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 35 EXHIBIT 3 (Non-Trial Court Minutes in King County Superior Court) re 32 Supplement by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: 06/14/2007)
June 14, 2007 36 EXHIBIT 4 (Fogg Declaration in King County Superior Court) re 32 Supplement by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: June 14, 2007)
June 14, 2007 37 EXHIBIT 5 (Berretta Declaration in King County Superior Court) re 32 Supplement by Defendant Kaspersky Lab Inc. (Johnson, Bruce) (Entered: 06/14/2007)
June 21, 2007 38 MINUTE ENTRY setting status conference:

The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 9/11/2007 at 09:00 AM before John C Coughenour. (JM, ) (Entered: June 21, 2007)

June 21, 2007 39 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: June 21, 2007)
June 26, 2007 40 DEMAND for JURY TRIAL by Plaintiff Zango Inc. (Rosenberger, Michael) (Entered: June 26, 2007)
July 2, 2007 41 RESPONSE, by Plaintiff Zango Inc, to 28 MOTION to Dismiss. (Rosenberger, Michael) (Entered: July 2, 2007)
July 2, 2007 42 DECLARATION of Michael Rosenberger In Support of Plaintiff's Opposition to Motion to Dismiss filed by Plaintiff Zango Inc re 28 MOTION to Dismiss (Rosenberger, Michael) (Entered: July 2, 2007)
July 2, 2007 43 DECLARATION of Gregg Berretta in Opposition to Defendant's Motion to Dismiss filed by Plaintiff Zango Inc re 28 MOTION to Dismiss (Attachments: # 1 Exhibit)(Rosenberger, Michael) (Entered: July 2, 2007)
July 2, 2007 44 DECLARATION of Tom Allan filed by Plaintiff Zango Inc re 28 MOTION to Dismiss (Rosenberger, Michael) (Entered: July 2, 2007)
July 3, 2007 45 PRAECIPE to attach document Declaration of Michael Rosenberger in Support of Plaintiff's Opposition to Motion to Dismiss re 42 Declaration by Plaintiff Zango Inc. (Attachments: # 1)(Rosenberger, Michael) (Entered: July 3, 2007)
July 6, 2007 46 REPLY, filed by Defendant Kaspersky Lab Inc, TO RESPONSE to 28 MOTION to Dismiss (Johnson, Bruce) (Entered: July 6, 2007)
July 6, 2007 47 DECLARATION of Stephen Orenberg filed by Defendant Kaspersky Lab Inc re 28 MOTION to Dismiss (Attachments: # 1 Exhibit A)(Johnson, Bruce) (Entered: July 6, 2007)
July 31, 2007 48 Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge. The Court RE-NOTES 28 Dft's MOTION to Dismiss for 8/14/2007. (CL, ) (Entered: July 31, 2007)
August 7, 2007 49 MEMORANDUM filed by Defendant Kaspersky Lab Inc re 28 MOTION to Dismiss in Response to Minute Order filed July 31, 2007 (Johnson, Bruce) (Entered: August 7, 2007)
August 7, 2007 50 DECLARATION of Stephen Orenberg in Response to the Court's July 31, 2007 Minute Order filed by Defendant Kaspersky Lab Inc re 28 MOTION to Dismiss (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Johnson, Bruce) (Entered: August 7, 2007)
August 14, 2007 51 RESPONSE, by Plaintiff Zango Inc, to 28 MOTION to Dismiss. (Rosenberger, Michael) (Entered: August 14, 2007)
August 28, 2007 52 ORDER by Judge John C Coughenour. The Court DENIES Dft's motion to dismiss for lack of personal jurisdiction Dkt. No. 28, Defendants motion for summary judgment Dkt. No. 28is hereby GRANTED.(CL, ) (Entered: August 29, 2007)
August 29, 2007 53 JUDGMENT IN A CIVIL CASE/DECISON BY COURT. It is Ordered: Defendant's Motion for Summary Judgment is GRANTED. (CL, ) (Entered: August 29, 2007)
September 21, 2007 54 NOTICE OF APPEAL (07-35800) as to 52 Order on Motion to Dismiss, 53 Judgment by Court by Plaintiff Zango Inc. Filing Fee $455, Receipt number 1246835. (Attachments: # 1 Civil Appeals Docketing Statement)(Rosenberger, Michael) Modified on 10/1/2007; added CCA case number (LMK, ). (Entered: September 21, 2007)
September 21, 2007   Appeal Fees received: fee in the amount of $ 455.00 (receipt # SEA 1246835) re 54 Notice of Appeal filed by Zango Inc (SA) (Entered: September 25, 2007)
September 25, 2007 55 CERTIFICATE OF RECORD Transmitted to USCA re 54 Notice of Appeal (SA) (Entered: September 25, 2007)
September 25, 2007 56 APPEAL NOTIFICATION packet sent to US Court of Appeals re 54 Notice of Appeal (Attachments: # 1 Docket)(SA) (Entered: September 25, 2007)
September 28, 2007 57 TIME SCHEDULE ORDER (07-35800) as to 54 Notice of Appeal filed by Zango Inc : Appellants opening brief due by 11/7/07; Appellees response brief due by 12/7/07; Appellants optional reply brief due within 14 days of service of the response brief. (LMK, ) (Entered: October 1, 2007)
Docket Report Last Checked: November 29, 2007 15:36:35 PST
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Plaintiff: Zango Inc
Represented By: Michael Rosenberger, Jeffrey I Tilden
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Defendant: Kaspersky Lab Inc
Represented By: Bruce EH Johnson, Lisa M Fleming, Erik Paul Belt
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