This case was last updated from PACER on 05/23/2017 at 02:14:22 (UTC).

Enigma Software Group USA, LLC v. Malwarebytes Inc.

Case Summary

On 05/22/2017 Enigma Software Group USA, LLC filed an Intellectual Property - Trademark lawsuit against Malwarebytes Inc. This case was filed in U.S. District Courts, California Northern District. The Judge overseeing this case is Elizabeth D. Laporte. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:17-CV-02915

  • Filing Date:

    05/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Elizabeth D. Laporte

 

Party Details

Plaintiff

Enigma Software Group USA LLC

Defendant

Malwarebytes Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Eric A. Prager

Attorney at K&L Gates LLP (NYC)

599 Lexington Avenue

New York, NY 10022-6030

Christopher M Verdini

Attorney at K&L Gates, LLP (PA)

210 Sixth Avenue

Pittsburgh, PA 15222-2613

Terry Budd

Attorney at K&L Gates, LLP (PA)

210 Sixth Avenue

Pittsburgh, PA 15222-2613

Theodore J. Angelis

Attorney at Preston Gates & Ellis

925 Fourth Avenue, Suite 2900

Seattle, WA 98104-1158

Eric Randolph Ian Cottle

Attorney at K&L Gates LLP

599 Lexington Avenue

New York, NY 10022

Anna Shabalov

Attorney at K&L Gates, LLP (PA)

210 Sixth Avenue

Pittsburgh, PA 15222-2613

Defendant Attorneys

Liwen Mah

Attorney at Fenwick & West LLP (SF)

555 California Street, 12Th Floor

San Francisco, CA 94104

Tyler G Newby

Attorney at Fenwick & West LLP (SF)

555 California Street, 12Th Floor

San Francisco, CA 94104

Bradley Thomas Meissner

Attorney at Fenwick and West LLP

1191 2Nd Ave., 10Th Fl.

Seattle, WA 98101

Sapna Mehta

Attorney at Fenwick & West LLP

801 California Street

Mountain View, CA 94041

 

Court Documents

#70

(#70) CLERK'S NOTICE : Informing all Parties that this case is now with the United States District Court for the Northern District of California. Re #68 Order of Transfer (aaa, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

#69

(#69) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/15/2017. Initial Case Management Conference set for 8/22/2017 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 5/22/17. (aaa, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

68 #1

*Restricted*

#68

(#68) Case transferred in from District of New York Southern; Case Number 1:16-cv-07885. Original file certified copy of transfer order and docket sheet received. (Entered: 05/22/2017)

#67

(#67) OPINION & ORDER re: #37 MOTION to Dismiss Malwarebytes Inc.s Notice of Motion and Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Alternative Motion to Transfer Pursuant to 28 U.S.C. 1404. filed by Malwarebytes Inc. For the foregoing reasons, Malwarebytes' motion to transfer venue pursuant to 28 U.S.C. 1404 is granted. The Court declines to rule on Malwarebytes' motion to dismiss for lack of personal jurisdiction and for failure to state a claim, Malwarebytes' motion for judicial notice, Enigma's motion to strike, and Enigma's motion for leave to file supplemental allegations. The Clerk of Court is respectfully directed to transfer this case to the Northern District of California. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2017) (anc) (Entered: 05/12/2017)

#66

(#66) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 2/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/08/2017)

#65

RESTRICTED

#37

(#67) OPINION & ORDER re: #37 MOTION to Dismiss Malwarebytes Inc.s Notice of Motion and Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Alternative Motion to Transfer Pursuant to 28 U.S.C. 1404. filed by Malwarebytes Inc. For the foregoing reasons, Malwarebytes' motion to transfer venue pursuant to 28 U.S.C. 1404 is granted. The Court declines to rule on Malwarebytes' motion to dismiss for lack of personal jurisdiction and for failure to state a claim, Malwarebytes' motion for judicial notice, Enigma's motion to strike, and Enigma's motion for leave to file supplemental allegations. The Clerk of Court is respectfully directed to transfer this case to the Northern District of California. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2017) (anc) (Entered: 05/12/2017)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Malwarebytes Inc., re: #1 Complaint,. Document filed by Enigma Software Group USA, LLC. (Prager, Eric) (Entered: 10/07/2016)

#2

(#2) CIVIL COVER SHEET filed. (Prager, Eric) (Entered: 10/07/2016)

1 #7

Exhibit 7

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Malwarebytes Inc., re: #1 Complaint,. Document filed by Enigma Software Group USA, LLC. (Prager, Eric) (Entered: 10/07/2016)

138 More Documents Available

 

Docket Entries

  • 05/22/2017
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  • Sent by U.S. MAIL a copy of #69 Initial Case Management Conference Schedule Order with ADR Deadlines, a copy of #70 Clerk's Notice to Attorney Theodore J. Angelis at Preston Gates & Ellis in Seattle, Washington. Re #70 Clerk's Notice (aaa, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

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  • 05/22/2017
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  • (#70) CLERK'S NOTICE : Informing all Parties that this case is now with the United States District Court for the Northern District of California. Re #68 Order of Transfer (aaa, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

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  • 05/22/2017
  • View Court Documents
  • (#69) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/15/2017. Initial Case Management Conference set for 8/22/2017 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 5/22/17. (aaa, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/22/2017)

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  • 05/22/2017
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  • (#68) Case transferred in from District of New York Southern; Case Number 1:16-cv-07885. Original file certified copy of transfer order and docket sheet received. (Entered: 05/22/2017)

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  • 05/12/2017
  • CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of California (anc) (Entered: 05/19/2017)

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  • 05/12/2017
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  • (#67) OPINION & ORDER re: #37 MOTION to Dismiss Malwarebytes Inc.s Notice of Motion and Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(B)(2) and 12(B)(6) and Alternative Motion to Transfer Pursuant to 28 U.S.C. 1404. filed by Malwarebytes Inc. For the foregoing reasons, Malwarebytes' motion to transfer venue pursuant to 28 U.S.C. 1404 is granted. The Court declines to rule on Malwarebytes' motion to dismiss for lack of personal jurisdiction and for failure to state a claim, Malwarebytes' motion for judicial notice, Enigma's motion to strike, and Enigma's motion for leave to file supplemental allegations. The Clerk of Court is respectfully directed to transfer this case to the Northern District of California. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2017) (anc) (Entered: 05/12/2017)

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  • 03/20/2017
  • Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephonic Settlement Conference held on 3/20/2017. (Snell, Kevin) (Entered: 03/20/2017)

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  • 03/08/2017
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  • (#66) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 2/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/08/2017)

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  • 03/08/2017
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  • (#65) TRANSCRIPT of Proceedings re: MOTION held on 2/3/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/6/2017.(McGuirk, Kelly) (Entered: 03/08/2017)

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  • 02/28/2017
  • Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 2/28/2017. (Snell, Kevin) (Entered: 02/28/2017)

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71 More Docket Entries
  • 10/11/2016
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  • (#6) ELECTRONIC SUMMONS ISSUED as to Malwarebytes Inc.. (dgo) (Entered: 10/11/2016)

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  • 10/11/2016
  • CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 16cv57 (PAE). (dgo) (Entered: 10/11/2016)

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  • 10/11/2016
  • ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Eric A. Prager to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (dgo) (Entered: 10/11/2016)

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  • 10/11/2016
  • Case Designated ECF. (dgo) (Entered: 10/11/2016)

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  • 10/11/2016
  • CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) (Entered: 10/11/2016)

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  • 10/07/2016
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  • (#5) STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-00057 (PAE). Document filed by Enigma Software Group USA, LLC.(Prager, Eric) (Entered: 10/07/2016)

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  • 10/07/2016
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  • (#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Enigma Software Group USA, LLC.(Prager, Eric) (Entered: 10/07/2016)

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  • 10/07/2016
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  • (#3) REQUEST FOR ISSUANCE OF SUMMONS as to Malwarebytes Inc., re: #1 Complaint,. Document filed by Enigma Software Group USA, LLC. (Prager, Eric) (Entered: 10/07/2016)

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  • 10/07/2016
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  • (#2) CIVIL COVER SHEET filed. (Prager, Eric) (Entered: 10/07/2016)

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  • 10/07/2016
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  • (#1) COMPLAINT against Malwarebytes Inc.. (Filing Fee $ 400.00, Receipt Number 0208-12850775)Document filed by Enigma Software Group USA, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Prager, Eric) (Entered: 10/07/2016)

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