This case was last updated from PACER on 09/14/2020 at 07:05:15 (UTC).

Ebates Performance Marketing, Inc et al v. MyMail, Ltd.

Case Summary

On 07/16/2020 Ebates Performance Marketing, Inc filed an Intellectual Property - Patent lawsuit against MyMail, Ltd. This case was filed in U.S. District Courts, California Northern District. The Judges overseeing this case are Susan van Keulen and Lucy H. Koh. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:20-CV-04768

  • Filing Date:

    07/16/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    California Northern District

Judge Details

Referral Judge

Susan van Keulen

Presiding Judge

Lucy H. Koh

 

Party Details

Plaintiffs

Cartera Commerce, Inc.

Ebates Performance Marketing, Inc d/b/a Rakuten Rewards doing business as Rakuten Rewards

Defendant

MyMail, Ltd.

Attorney/Law Firm Details

Plaintiff Attorneys

Nicholas A. Brown

Attorney at Greenberg Traurig LLP

4 Embarcadero Center, Suite 3000

San Francisco, CA 94111-5983

Joshua L. Raskin

Attorney at Greenberg Traurig, LLP

Metlife Building, 200 Park Avenue

New York, NY 10166

Elana Beth Araj

Attorney at Greenberg Traurig LLP

200 Park Ave., Metlife Building

New York, NY 10166

Vimal Manilal Kapadia

Attorney at Greenberg Traurig, LLP

Metlife Building, 200 Park Avenue

New York, NY 10166

Allan A. Kassenoff

Attorney at Greenberg Traurig, LLP

Metlife Building, 200 Park Avenue

New York, NY 10166

Defendant Attorney

Peter Joseph Gibbons

Attorney at Gibbons and Associates

Suite E, 1805 North Carson Street

Carson City, NV 89701-1216

 

Court Documents

#34

(#34) REPLY (re #28 MOTION to Dismiss the Complaint ) Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed byMyMail, Ltd.. (Gibbons, Peter) (Filed on 9/11/2020) (Entered: 09/11/2020)

33 #1

Proposed Order

#33

(#33) NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc Opposition to MyMail's Motion To Vacate Order Relating Cases (filed in 17-cv-04488-LHK) (Attachments: #1 Proposed Order)(Brown, Nicholas) (Filed on 9/8/2020) (Entered: 09/08/2020)

32 #2

Proposed Order

28 #4

Proposed Order Proposed Order Dismissing the Complaint

28 #3

Exhibit Defendant's Exhibit A in Support of Motion to Dismiss

28 #2

Declaration Declaration of Chris Michaels in Support of Motion to Dismiss

28 #1

Errata Memorandum of Law in Support of Motion to Dismiss

#28

(#28) MOTION to Dismiss the Complaint filed by MyMail, Ltd.. Motion Hearing set for 9/10/2020 01:30 PM in San Jose, Chambers before Judge Lucy H. Koh. Responses due by 8/28/2020. Replies due by 9/4/2020. (Attachments: #1 Errata Memorandum of Law in Support of Motion to Dismiss, #2 Declaration Declaration of Chris Michaels in Support of Motion to Dismiss, #3 Exhibit Defendant's Exhibit A in Support of Motion to Dismiss, #4 Proposed Order Proposed Order Dismissing the Complaint)(Gibbons, Peter) (Filed on 8/14/2020) (Entered: 08/14/2020)

1 #8

Civil Cover Sheet

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

(#5) Rule 7.1 Disclosures by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #1 Complaint, (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

44 More Documents Available

 

Docket Entries

  • 09/11/2020
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  • Docket(#34) REPLY (re #28 MOTION to Dismiss the Complaint ) Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss, filed byMyMail, Ltd.. (Gibbons, Peter) (Filed on 9/11/2020) (Entered: 09/11/2020)

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  • 09/08/2020
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  • Docket(#33) NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc Opposition to MyMail's Motion To Vacate Order Relating Cases (filed in 17-cv-04488-LHK) (Attachments: #1 Proposed Order)(Brown, Nicholas) (Filed on 9/8/2020) (Entered: 09/08/2020)

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  • 08/28/2020
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  • Docket(#32) OPPOSITION/RESPONSE (re #28 MOTION to Dismiss the Complaint ) PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT UNDER 28 U.S.C. 2201 AND FRCP RULE 4(k) (as Revised 8/17/20) filed byEbates Performance Marketing, Inc. (Attachments: #1 Declaration DECLARATION OF JOSHUA L. RASKIN, #2 Proposed Order)(Brown, Nicholas) (Filed on 8/28/2020) (Entered: 08/28/2020)

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  • 08/25/2020
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  • Docket(#31) NOTICE by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #26 Order (Notice of Intent To File Opposition To Motion To Vacate Order Relating Cases) (Brown, Nicholas) (Filed on 8/25/2020) (Entered: 08/25/2020)

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  • 08/18/2020
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  • Docket(#30) **CLERK'S NOTICE** Hearing on #28 MOTION to Dismiss the Complaint is CONTINUED from 9/10/2020 to 12/17/2020 at 1:30 PM in San Jose, California, Courtroom 8, 4th Floor before the Honorable Lucy H. Koh. The 9/10/2020 hearing date was not cleared with the Courtroom Deputy Clerk prior to filing. Please see the Honorable Lucy H. Koh's Scheduling Notes at https://www.cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)

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  • 08/17/2020
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  • Docket(#29) Declaration of Peter Gibbons in Support of #28 MOTION to Dismiss the Complaint Correction and Supplement to Motion to Dismiss filed byMyMail, Ltd.. (Attachments: #1 Supplement Corrected Memorandum of Law in Support of Motion to Dismiss the Complaint, #2 Exhibit Exhibit B in Support of Motion to Dismiss the Complaint)(Related document(s) #28 ) (Gibbons, Peter) (Filed on 8/17/2020) (Entered: 08/17/2020)

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  • 08/14/2020
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  • Docket(#28) MOTION to Dismiss the Complaint filed by MyMail, Ltd.. Motion Hearing set for 9/10/2020 01:30 PM in San Jose, Chambers before Judge Lucy H. Koh. Responses due by 8/28/2020. Replies due by 9/4/2020. (Attachments: #1 Errata Memorandum of Law in Support of Motion to Dismiss, #2 Declaration Declaration of Chris Michaels in Support of Motion to Dismiss, #3 Exhibit Defendant's Exhibit A in Support of Motion to Dismiss, #4 Proposed Order Proposed Order Dismissing the Complaint)(Gibbons, Peter) (Filed on 8/14/2020) (Entered: 08/14/2020)

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  • 08/03/2020
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  • Docket***Set Deadlines/Hearings per #26 Order Relating Cases: Initial Case Management Conference set for 10/21/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 10/14/2020. (kedS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)

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  • 07/30/2020
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  • Docket(#27) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Phyllis J. Hamilton no longer assigned to case,. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

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  • 07/30/2020
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  • Docket(#26) Order Relating Cases. Signed by Judge Lucy H. Koh on 07/30/2020. (lhklc4, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)

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16 More Docket Entries
  • 07/20/2020
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  • Docket(#10) MOTION for leave to appear in Pro Hac Vice for Vimal Kapadia ( Filing fee $ 310, receipt number 0971-14713262.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) (Entered: 07/20/2020)

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  • 07/20/2020
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  • Docket(#9) MOTION for leave to appear in Pro Hac Vice for Allan A. Kassenoff ( Filing fee $ 310, receipt number 0971-14713225.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) (Entered: 07/20/2020)

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  • 07/20/2020
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  • Docket(#8) MOTION for leave to appear in Pro Hac Vice for Joshua L. Raskin ( Filing fee $ 310, receipt number 0971-14713162.) filed by Cartera Commerce, Inc., Ebates Performance Marketing, Inc. (Brown, Nicholas) (Filed on 7/20/2020) (Entered: 07/20/2020)

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  • 07/20/2020
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  • Docket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Cartera Commerce, Inc., Ebates Performance Marketing, Inc.. (Brown, Nicholas) (Filed on 7/20/2020) (Entered: 07/20/2020)

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  • 07/17/2020
  • Docket(#6) Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/31/2020. (mbcS, COURT STAFF) (Filed on 7/17/2020) (Entered: 07/17/2020)

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  • 07/16/2020
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  • Docket(#5) Rule 7.1 Disclosures by Cartera Commerce, Inc., Ebates Performance Marketing, Inc re #1 Complaint, (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

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  • 07/16/2020
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  • Docket(#4) REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

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  • 07/16/2020
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  • Docket(#3) Proposed Summons. (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

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  • 07/16/2020
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  • Docket(#2) NOTICE of Pendency of Other Action Involving Same Patent by Cartera Commerce, Inc., Ebates Performance Marketing, Inc (Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

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  • 07/16/2020
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  • Docket(#1) COMPLAINT for Declaratory Judgment of Non-Infringement against MyMail, Ltd. ( Filing fee $ 400, receipt number 0971-14700000.). Filed byEbates Performance Marketing, Inc, Cartera Commerce, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet)(Brown, Nicholas) (Filed on 7/16/2020) (Entered: 07/16/2020)

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