🖐 PTT, LLC v. GIMMIE GAMES et al, No. 2:2013cv07161 - Document 65 (D.N.J. 2014) :: Justia

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Docket alerts are an advanced feature of CourtListener.
Monthly donors can create unlimited docket alerts.
If you are not a monthly donor, we allow five alerts and give a bonus of 10 alerts to anybody with the RECAP Extension installed.
You currently have alerts.
To create additional alerts, please install the RECAP Extension or become a monthly donor.
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Last Updated: June 17, 2019, 4:07 p.
EDT Assigned To: Date Filed: Nov.
Attachments: 1 Exhibit, 2 RULE 11.
Cohen by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Akiva M.
Cohen, 3 Text of Proposed Order Granting Admission to Akiva M.
Moskin by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Jonathan E.
bookworm無料オンラインゲームプレイ for Admission, 3 Text of Proposed Order Granting Jonathan E.
Cohen, 8 MOTION for Leave to Appear Pro Hac Vice Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Cohen to receive Notices of Electronic Filings.
Moskin to receive Notices of Electronic Filings.
SO ORDERED by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Sheikh by PTT, LLC.
Signed by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
The motion will be decided on the papers.
No appearances required unless notified gimmie games llc the court.
Signed by Magistrate Judge Joseph A.
Hanna by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Ramy E.
Hanna, 3 Text of Proposed Order Granting Admission to Ramy E.
Pence by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Adam G.
Pence, 3 Text of Proposed Order Granting Admission to Adam G.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on source papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Hanna to receive Notices of Electronic Filings.
Pence to receive Notices of Electronic Filings.
Attachments: 1 Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration Khizar A.
Attachments: 1 Text of Proposed Order Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration of Khizar A.
Signed by Magistrate Judge Joseph 無料のオンライン3Dバーチャルクッキングゲーム />Signed by Judge Jose L.
Attachments: 1 Declaration of Akiva M.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Attachments: 1 Declaration of Akiva M.
Attachments: 1 Appendix of Unreported Cases, 2 Declaration of Daniel Marks, 3 Declaration of Douglas Fallon, 4 Declaration of Andrew Gracie, 5 Declaration of Joseph Masci, 6 Declaration of Brian Kavanagh, 7 Declaration of Akiva M.
Cohen, 8 Declaration of Ramy E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Sheikh re: Automatic clerks extension of time to submit opposition to Defendants' Motion to Dismiss re 51 MOTION to Dismiss.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Judge Jose L.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Michael A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Please disregard previous text order ECF 76 So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
Moskin to The Hon.
Linares re 89 Letter.
If the parties are unable to agree on any of the dates, they should inform the Court by letter, not to exceed three 3 pages.
In addition, the parties may submit separate letters by July 3, 2015 outlining any protective order issues.
So Ordered by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Dickson Re: Defendants' Proposed Prosecution to the Bar.
Dickson Re: Defendants' Proposed Scheduling Order.
Dickson Re: Defendants' Proposed Response to Plaintiff PTT, LLC's July 10, 2015 Letter.
Defendants request that the Court strike Plaintiffs letter brief, ECF No.
In the alternative, and Plaintiff having no objection, ECF No.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Order to be submitted.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Case reassigned to Judge John Michael Vazquez and Magistrate Judge Mark Falk for all further proceedings.
Linares, Magistrate Judge Joseph A.
Dickson no longer assigned to case.
So Ordered by Chief Judge Jerome B.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Bradley Roush, 2 Certification of Alisha L.
Unless otherwise directed by the Court, this motion will be gimmie games llc on the papers and no appearances are required.
Parties to submit proposed order to Judge Falk.
Transcriber: KLJ Transcription Service, LLC 201-703-1670.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Moskin re 127 Letter.
There shall be an in-person conference before the Undersigned on May 10, 2016, at 10:00 a.
Lead trial counsel are required to attend.
In addition to counsel, individual clients with full authority are required to appear in-person.
Counsel and clients should be prepared to spend the entire day in Court i.
No further discovery-related communications should be sent to the Court prior to ゲームをダウンロード conference, as the ongoing letter writing campaign is inappropriate.
The parties are directed to serve settlement position papers, in camera and ex-parte, on or before May 24, 2016.
The same requirements stated in the Court's prior order apply.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 14, 2016 at 3:00 p.
Plaintiff's counsel is directed to arrange for the conference call.
LM, AMENDED ANSWER to 32 Amended Complaint, 71 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against DANIEL MARKS an individualBRIAN KAVANAGH, MARKS STUDIOS, LLC, JOSEPH MASCI, ARISTOCRAT TECHNOLOGIES, INC.
Sheikh, 2 Exhibit A-D to K.
Sheikh Declaration, 3 Exhibit E-H to K.
Proposed Second PC用単語検索無料ダウンロード Scheduling Order.
Defendant's counsel is directed to mlbゲームを賭ける for the conference call.
The same requirements stated in the Court's prior order apply.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 26, 2016 at 11:30 a.
Plaintiff's counsel is directed to arrange for the conference call.
Counsel shall coordinate the call and dial into chambers at the assigned time.
Counsel shall coordinate the call and dial into chambers at the assigned time.
In addition, the parties may contact the Court by letter after expert depositions are completed.
At that time and with the benefit link a full factual record, the Court will address the dispute raised in the parties' October 19, 2016 letter regarding live testimony at the claim construction hearing.
LM, STIPULATION AND ORDER REGARDING SOURCE CODE.
Attachments: 1 Brief Memorandum In Https://jackpot-spin-top-deposit.site/1/2126.html of Motion to Amend Answer, 2 Exhibit Exhibit A to Memorandum, 3 Declaration Declaration of Bradley D.
Unless otherwise directed by the Court, this motion will be decided on the gimmie games llc and no appearances are required.
Plaintiff's counsel is directed to click here for the conference call.
Attorney ALISHA LOUISE MCCARTHY terminated.

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Docket alerts are an advanced feature of CourtListener.
Monthly donors can create unlimited docket alerts.
If you are not a monthly donor, we allow five alerts and give a bonus of 10 alerts to anybody with the RECAP Extension installed.
You currently have alerts.
To create check this out alerts, please install the RECAP Extension or become a monthly donor.
We can sometimes provide need-based exceptions to these rules.
If you might need an exception.
Last Updated: June 17, 2019, 4:07 p.
EDT Assigned To: Date Filed: Nov.
プリンスゲームのチュートリアルを保存 1 Exhibit, 2 RULE 11.
Cohen by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Akiva M.
Cohen, 3 Text of Proposed Order Granting Admission to Akiva M.
Moskin by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Jonathan E.
Moskin for Admission, 3 Text of Proposed Order Granting Jonathan E.
Cohen, 8 MOTION for Leave to Appear Pro Hac Vice Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Cohen to receive Notices of Electronic Filings.
Moskin to receive Notices of Electronic Filings.
SO ORDERED by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph ホーンアンドロイドゲームのレビュー />Sheikh by PTT, LLC.
Signed by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Hanna by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Ramy E.
Hanna, 3 Text of Proposed Order Granting Admission to Ramy E.
Pence by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH Gimmie games llc />Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Adam G.
Pence, 3 Text of Proposed Order Granting Admission to Adam G.
The motion will be decided on the papers.
No appearances required unless notified gimmie games llc the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Hanna to receive Notices of Electronic Filings.
Pence to receive Notices of Electronic Filings.
Attachments: 1 Proposed Order to Show Cause for Source Restraints and Preliminary Injunction, 2 Declaration Khizar A.
Attachments: 1 Text of Proposed Order Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration of Khizar A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Attachments: 1 Declaration of Akiva M.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will xfactorゲームオーバー decided on the papers.
No appearances required unless notified by the court.
Attachments: 1 Declaration of Akiva M.
Attachments: 1 Appendix of Unreported Cases, 2 Declaration of Daniel Marks, 3 Declaration of Douglas Fallon, 4 Declaration of Andrew Gracie, 5 Declaration of Joseph Masci, 6 Declaration of Brian Kavanagh, 7 Declaration of Akiva M.
Cohen, 8 Declaration of Ramy E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Sheikh re: Automatic clerks extension of time to submit opposition to Defendants' Motion to Dismiss re 51 MOTION to Dismiss.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Judge Jose L.
Signed by Judge Https://jackpot-spin-top-deposit.site/1/1199.html L.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Michael A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Please disregard previous text order ECF 76 So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
Moskin to The Hon.
Linares re 89 Letter.
If the parties are unable to agree on any of the dates, they should inform the Court by letter, not to exceed three 3 pages.
In addition, the parties may submit separate letters by July 3, 2015 outlining any protective order issues.
So Ordered by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Dickson Re: Defendants' Proposed Prosecution to the Bar.
Dickson Re: Defendants' Gimmie games llc Scheduling Order.
Dickson Re: Defendants' Proposed Response to Plaintiff PTT, LLC's July 10, 2015 Letter.
Defendants request that the Court strike Plaintiffs letter brief, ECF No.
In the alternative, and Plaintiff having no objection, ECF No.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Order to be submitted.
時計ゲームのオンライン価格は正しい by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Case reassigned to Judge John Michael Vazquez and Magistrate Judge Mark Falk for all further proceedings.
Linares, Magistrate Judge Joseph A.
Dickson no longer assigned to case.
So Ordered by Chief Judge Jerome B.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Bradley Roush, 2 Certification of Alisha L.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Parties to gimmie games llc proposed order to Judge Falk.
Transcriber: KLJ Transcription Service, LLC 201-703-1670.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Moskin re 127 Letter.
There shall be an in-person conference before the Undersigned on May 10, 2016, at 10:00 a.
Lead trial counsel are required to attend.
In addition to counsel, individual clients with full authority are required to appear in-person.
Counsel and clients should be prepared to spend the entire day in Court i.
No further discovery-related communications should be sent to the Court prior to the conference, as the ongoing letter writing campaign is inappropriate.
The https://jackpot-spin-top-deposit.site/1/2175.html are directed to serve settlement position papers, in camera and ex-parte, on or before May 24, 2016.
The same requirements stated in the Court's prior order apply.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 14, 2016 at 3:00 p.
Plaintiff's counsel is directed to arrange for the conference call.
LM, AMENDED ANSWER to 32 Amended Complaint, 71 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against DANIEL MARKS an individualBRIAN KAVANAGH, MARKS STUDIOS, LLC, JOSEPH MASCI, ARISTOCRAT TECHNOLOGIES, INC.
Sheikh, 2 Exhibit A-D to K.
Sheikh Declaration, 3 Exhibit E-H to K.
Proposed Second Amended Scheduling Order.
Defendant's counsel is directed to arrange for the conference call.
The same requirements stated in the Court's prior order apply.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 26, 2016 at 11:30 a.
Plaintiff's counsel is directed to arrange for the conference call.
Counsel shall coordinate the call and dial into chambers at the assigned time.
Counsel shall coordinate the call and dial into chambers at the assigned time.
In addition, the parties may contact the Court by letter after expert depositions are completed.
At that time and with the benefit of a full factual record, the Court will address the dispute raised in the parties' October 19, 2016 letter regarding live testimony at the claim construction hearing.
LM, STIPULATION AND ORDER REGARDING SOURCE CODE.
Attachments: 1 Brief Memorandum In Support of Motion to Amend Answer, 2 Exhibit Exhibit A to Memorandum, 3 Declaration Declaration of Bradley D.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Plaintiff's counsel is directed to arrange for the conference call.
Attorney ALISHA LOUISE MCCARTHY terminated.

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GIMMIE GAMES et al Doc.
GIMME GAMES, et al.
This matter comes before the Court by way of Plaintiff s application for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65.
The Court has considered the submissions made in support of and in opposition to Plaintiff s application, as well as the arguments presented by the parties at oral argument on October 3, gimmie games llc />For the reasons set forth below, Plaintiff s application is DENIED.
One of the gaming features that Plaintiff developed was its Super Symbols gimmie games llc />These are oversized symbols that appear in addition to traditionally sized symbols and count as if each space they cover is occupied by that symbol, making it easier for players to achieve large wins on gimmie games llc lines at once.
Plaintiff licenses its games featuring Super Symbols Dockets.
Defendant, Marks Studios, LLC, is the formal corporate identity for Defendant, Gimme Games collectively Defendants.
Gimme Games creates slot machine games with a Mega Symbols feature, which Plaintiff argues infringes upon its Super Symbols games.
While Gimme Games creates the products with Mega Symbols, Defendant, Aristocrat Technologies, hereinafter Aristocratmarkets and distributes the physical landbased slot-games with these features.
Aristocrat, as one of the largest game distributors in the industry, competes directly with Bally, and thus Plaintiff alleges a direct harm to its position in the industry.
Plaintiff filed the Complaint in this case on November 26, 2013 alleging: 1 misappropriation under the NJ Trade Secret Act; 2 Unfair Competition NJ and Federal ; and 3 Breach of Contract against Defendants, relating to Plaintiffs Super Symbols feature in slot 2 machine games, amongst other components of the games.
See generally Complaint, ECF No.
On May 27, 2014, Plaintiff received U.
Thereafter, Plaintiff filed an amended complaint to add claims of direct and induced patent infringement.
Plaintiff made an application for a Temporary Restraining Order and Preliminary Injunction on August 21, 2014, which this Court denied on August 22, 2014, stating: Plaintiff brings this action against Defendants, Daniel Marks MarksJoseph Masci Masciand Brian Kavanagh Kavanagh as well.
Defendants Marks, Masci, and Kavanagh are former employees of High 5 who now allegedly work for Gimme Games.
Marks is alleged to be Gimme Games founder and Chief Executive Office, Masci is alleged to be its Chief Creative Officer, and Kavanagh is alleged to be its Director of Motion Graphics.
Plaintiff has not shown that it will suffer immediate temporary harm in the absence of a temporary restraining order, as Plaintiff waited almost three months afier being issued the 223 Patent before seeking such order.
Further, Defendants allegedly infringing feature has been on the market at gimmie games llc early as September 2013, when Plaintiffs discovered いいえダウンロードゲームホラー feature.
Thus, the circumstances of this case are not so exigent as to warrant a temporary restraining order.
Essentially, the Court made the preliminary finding that Plaintiff did not demonstrate irreparable harm.
Defendants opposed the issuance of an injunction on September 12, 2014.
The Court heard oral argument on October 3, 2014.
Minute Entry, ECF No.
LEGAL STANDARD Preliminary injunctions are extraordinary remedies that are not routinely granted.
The decision to grant a preliminary injunction is within the sound discretion of the district 888ポーカー初回デポジットボーナスコード />The Court examines the following four factors in determining whether injunctive relief should be granted: 1 whether the movant has shown a reasonable likelihood of success on the merits; 2 whether the movant will be irreparably harmed by denial of the injunctive relief sought; 3 whether the injury to the movant in the absence of injunctive relief outweighs the possible harm to the non-movant if the injunction is granted; and 4 the impact of a preliminary injunction on the public interest.
However, the Court must generally weigh all four factors in determining whether to grant an injunction.
DISCUSSION To warrant the issuance of an injunction, a plaintiff must establish more than a risk of with 最高の無料ゲームオンラインプレイ hope injury, and rather must demonstrate a clear showing of immediate irreparable injury.
Because this Court finds Plaintiff failed to substantiate its claim that immediate irreparable harm will occur, Plaintiffs application for a preliminary injunction gimmie games llc be denied.
The Court will discuss the several スペインのオンラインカジノ免許証 that militate against Plaintiff s assertion of irreparable harm in turn.
Plaintiff s Lack of Immediacy in Seeking Injunctive Relief.
Plaintiff has not demonstrated any current harm or alternatively, that it will be harmed, without the issuance of gimmie games llc injunction.
Most telling perhaps, is the fact that Plaintiff was aware of Defendants alleged breach in September of 2013.
Plaintiff then waited two months before commencing the instant cause of action in November 2013, and about eleven months before filing the instant application for injunctive relief.
Plaintiff fails to provide an adequate explanation for this delay.
Plaintiff explains that it only discovered one week before moving for this preliminary injunction that Defendants maintained a Facebook page to promote its games with oversized symbols.
However, even if the Court were to construe this as an explanation for the delay in seeking a preliminary injunction, Plaintiff fails to explain why such a discovery triggered the necessity for the extraordinary relief now being requested, particularly since Plaintiff had been on notice that Defendants intended to continue selling the Mega Symbols games since September 2013, if not earlier.
Indeed, in Ultimate Trading Corp.
Daus, this Court previously found that afive month delay in seeking a preliminary injunction was too substantial to then make a showing of irreparable harm.
Ultimately, the delay between the discovery of the alleged infringement and the Plaintiff s filing for injunctive relief belies the urgency that forms the cornerstone of injunctive relief; indeed, this delay indicates a lack of urgency.
Abbott Laboratories, 849 F.
Even if the Court were inclined to ignore the lack of immediacy in Plaintiff s own actions, Plaintiff fails to substantiate any allegations of currently existing immediate irreparable harm.
Plaintiff argues that it currently operates the highest rated social casino on Facebook and 5 Defendants competing social casino with Mega Symbols will decrease the revenue growth driven by gimmie games llc number of daily and monthly garners playing on the platform.
That is, competing Mega Symbols games will decrease the number of plays and consumer returns to Plaintiffs casino, and thus, the less money the social casino can make.
However, Plaintiff fails to provide the Court with any documents or information to indicate any change in the volume of its own business conducted on Facebook measured as sales or otherwise since Aristocrat launched its Facebook page in January 2014.
This is not the type of immediate harm a preliminary injunction seeks to avoid.
To the contrary, Plaintiff merely asserts the risk of potential injury where the Court has not been convinced the damages cannot have a monetary value only.
Plaintiff Has Not Demonstrated that Monetary Compensation Will Not Suffice as a Remedy.
Plaintiff has failed to carry the burden of proving why monetary damages would not remedy its prospective injury.
No evidence has been submitted to show why Plaintiff could not be compensated financially for the alleged infringements as measured by lost sales andlor profits.
In order to satisfy the element of irreparable harm, Plaintiff must evidence that without the issuance of an injunction, it will suffer harm which cannot be sufficiently redressed following a trial of the matter.
In this regard, Plaintiff argues that because the revenue model of social casinos are different from land based games, it makes it more difficult to quantify damages monetarily.
Oral Argument Transcript Transcript at 10:5-17.
Plaintiff essentially argues that social casinos present a potential difficulty in calculating damages, but this is not a 6 difficulty that warrants extraordinary relief.
Plaintiff must show that other remedies such as money damages are inadequate to compensate a plaintiff for past harm, and here, it has failed to do so.
Plaintiff Has Not Established a Nexus Between Infringement and Lost Profits.
Similarly, this Court is guided by Apple, Inc.
Here, Plaintiff fails to illustrate that consumer game-playing decisions within the social casino, or simply the decision to enter one social casino over another, were based on the presence of the Super Symbols feature.
Thus, there is no established nexus between the alleged infringement of the 223 patent and any decrease in profits later quantified by the Plaintiff.
Plaintiff Has Not Met its Burden of Proving Loss of Goodwifi or Damag e to Reputation.
While Plaintiff argues that injunctive relief is appropriate as it is not possible to calcula te for 3ゲームパーレイペイアウト final damages including digorgment of profits that will compensate it for the damag e to brand, reputation, and goodwill caused by Defendants infringement of the Super Symbo ls products, it fails to evidence this type of harm.
That is, Plaintiff サンファンのカジノ concerned that customers will not be loyal to High 5 games once they 7 see them as lacking new unique elements.
However, Plaintiff has failed to establish that its Super Symbols technology is unique to the social casino slot-machine market and is a feature that will tarnish its goodwill, if infringed upon.
Plaintiff argues that unlike any other game that contains カジノマシンに勝つ方法 symbols, its games have reels spinning during gameplay where both regular symbols and oversized symbols that are located on the same reels rotate on and off the screen at apologise, nflの歴史の中で最も寒いゲーム2019 are same gimmie games llc />But Plaintiff does not explain how Defendants Mega Symbols are flooding the market and harming its reputation for unique gaming.
While true that harm to reputation resulting from confusion between an inferior accused product and a patentee s superior product is a type of harm that is often not fully compensable by money because the damages caused are speculative, here Plaintiff does not assert that the Mega Symbols games are inferior.
Reebok Int l Ltd.
At a maximum, Plaintiff alleges that the Mega Symbols feature in Defendants game are drawing in game players and once these players are in they may stay and play Defendants other games.
These allegations are not however, enough to カジノのプロモーションコード loss of reputation or loss of goodwill and again, allege nothing more than a risk.
Nor do they show how Plaintiff would immediate グランドカジノオンラインルビーフォーチュン the value of its patent absent a preliminary injunction.
While Plaintiff s allegations suggest a risk of irreparable injury, such a risk alone will not suffice.
See ECRI, 809 F.
A plaintiff has the burden of proving a clear showing of immediate irreparable injury.
The Court finds the extraordinary relief requested by Plaintiff to be inappropriate.
Denying a Preliminary Injunction in this Case Preserves the Status Quo.
The Court is mindful that the function of preliminary injunctive relief is to preserve the status quo pending a determination of the action on the merits.
Saddleback Junior College District.
The status quo to be preserved is that state of affairs existing immediately before the filing of the litigation, the last uncontested status which preceded the pending controversy.
Tanner Motor Livery, Ltd.
In Tanner the Ninth Circuit dissolved a preliminary injunction on the basis that it is not usually proper to grant the moving party the full relief to which he might be entitled if successful at the conclusion of a trial.
This is particularly true where the relief afforded, rather than preserving the status quo, completely changes it.
Prior to the filing of this litigation, both Plaintiff and Defendants were free to compete in the social casino warriors 5 gs game />The Court finds that the prelitigation status quo would best be preserved by permitting the parties to remain in the state of free competition in the marketplace and thus the application for a preliminary injunction is denied.
CONCLUSION For the reasons set forth above, Plaintiff s application for a preliminary injunction, ECF No.
An appropriate Order accompanies this Opinion.
Linares United States District Judge Date: OctoberZO2o 14 9.

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Last Updated: June 17, 2019, 4:07 p.
EDT Assigned To: Date Filed: Nov.
Attachments: 1 Exhibit, 2 RULE 11.
Cohen by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Akiva M.
Cohen, 3 Text of Proposed Order Granting Admission to Akiva M.
Moskin by Https://jackpot-spin-top-deposit.site/1/706.html GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Jonathan E.
Moskin for Admission, 3 Text of Proposed Order Granting Jonathan E.
Cohen, 8 MOTION for Leave to Appear Pro Hac Vice Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Cohen to receive Gimmie games llc of Electronic Filings.
Moskin to receive Notices of Electronic Filings.
SO ORDERED by Magistrate Judge Gimmie games llc A.
SO ORDERED by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Sheikh by PTT, LLC.
Signed by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Hanna by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Ramy E.
Hanna, 3 Text of Proposed Order Granting Admission to Ramy E.
Pence by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Adam G.
Pence, 3 Text of Proposed Order Granting Admission to Adam G.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
オレンジ郡ニューヨークのカジノ to receive Notices of Electronic Filings.
Pence to receive Notices of Electronic Filings.
Attachments: 1 Proposed Order to Show Cause for Temporary Gimmie games llc and Preliminary Injunction, 2 Declaration Khizar A.
Attachments: 1 Text of Proposed Order Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration of Khizar A.
Signed by Judge Jose L.
https://jackpot-spin-top-deposit.site/1/2098.html by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Attachments: 1 Declaration of Akiva M.
The motion will gimmie games llc decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Attachments: 1 Declaration of More info M.
Attachments: 1 Appendix of Unreported Cases, 2 Declaration here Daniel Marks, 3 Declaration of Douglas Fallon, 4 Declaration of Andrew Gracie, 5 Declaration of Joseph Masci, 6 Declaration of Brian Kavanagh, 7 Declaration of Akiva M.
Cohen, 8 Declaration of Ramy E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Sheikh re: Automatic clerks extension of time to submit opposition to Defendants' Motion to Dismiss re 51 MOTION to Dismiss.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Judge Jose Click here />Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Michael A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Please disregard previous text order ECF 76 So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
Moskin to The Hon.
Linares re 89 Letter.
If the parties are unable to agree on any of the dates, they should inform the Court by letter, not to exceed three 3 pages.
In addition, the parties may submit separate letters by July 3, 2015 outlining any protective order issues.
So Ordered by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Dickson Re: Defendants' Proposed Prosecution to the Bar.
Dickson Re: Defendants' Proposed Scheduling Order.
Dickson Re: Defendants' Proposed Response to Plaintiff PTT, LLC's July 10, 2015 Letter.
Defendants request that the Court strike Plaintiffs letter brief, ECF No.
In the alternative, and Plaintiff having no objection, ECF No.
So Ordered by Magistrate Judge Joseph A.
All ギターゲームを無料でプレイする方法 are required to attend.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Order to be 本物のお金を獲得するためにホイールを回す />Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Case reassigned to Judge John Michael Vazquez and Magistrate Judge Mark Falk for all further proceedings.
Linares, Magistrate Judge Joseph A.
Dickson no longer assigned to case.
So Ordered by Chief Judge Jerome B.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Bradley Roush, 2 Certification of Alisha L.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Parties to submit proposed order to Judge Falk.
Transcriber: KLJ Transcription Service, LLC 201-703-1670.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Gimmie games llc to Request Redaction of this Transcript.
Moskin re 127 Letter.
There shall be an in-person conference before the Undersigned on May 10, 2016, at 10:00 a.
Lead trial counsel are required to attend.
In addition to counsel, individual clients with full authority are required to appear in-person.
Counsel and clients should be prepared to spend the entire day in Court i.
No further discovery-related communications should be sent to the Court prior to the conference, as the ongoing letter writing campaign is inappropriate.
The parties are directed to serve settlement position papers, in camera and ex-parte, on or before May 24, 2016.
The same requirements stated in the Court's prior order apply.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 14, 2016 at 3:00 p.
Plaintiff's counsel is directed to arrange for the conference call.
LM, AMENDED ANSWER to 32 Amended Complaint, 71 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against DANIEL MARKS an individualBRIAN KAVANAGH, MARKS STUDIOS, LLC, JOSEPH MASCI, ARISTOCRAT TECHNOLOGIES, INC.
Sheikh, 2 Exhibit A-D to K.
Sheikh Declaration, 3 Exhibit E-H to K.
Proposed Second Amended Scheduling Order.
Defendant's counsel is directed continue reading arrange for the conference call.
The same requirements stated in the Court's prior order apply.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 26, 2016 at 11:30 a.
Plaintiff's counsel is directed to arrange for the conference call.
Counsel shall coordinate the call and dial into chambers at the assigned time.
Counsel shall coordinate the call and dial into chambers at the assigned time.
In addition, the parties may contact the Court by letter after expert depositions are completed.
At that time and with the benefit of a full factual record, the Court will address the dispute raised in the parties' October 19, 2016 letter regarding live testimony at the claim construction hearing.
LM, STIPULATION AND ORDER REGARDING SOURCE CODE.
Attachments: 1 Brief Memorandum In Support of Motion to Amend Answer, 2 Exhibit Exhibit A to Memorandum, 3 Declaration Declaration of Bradley D.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Plaintiff's counsel is directed to arrange for the conference call.
Attorney ALISHA LOUISE MCCARTHY terminated.

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PTT, LLC v. GIMMIE GAMES et al, Case No. 2:13-cv-07161 in the New Jersey District Court.


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PTT, LLC v. GIMMIE GAMES et al, No. 2:2013cv07161 - Document 65 (D.N.J. 2014) :: Justia
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GIMMIE GAMES et al Doc.
GIMME GAMES, et al.
This matter comes before the Court by way of Plaintiff s application for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65.
The Court has considered the submissions made in support of and in opposition to Plaintiff s application, as well as the arguments presented by the parties at oral argument on October 3, 2014.
For the reasons set forth below, Plaintiff s application is DENIED.
One of the gaming features that Plaintiff developed was its Super Symbols invention.
These are oversized symbols that appear in addition to traditionally sized symbols and count as if each space they cover is occupied by that symbol, making it easier for players to achieve large wins on multiple lines at once.
Plaintiff licenses its games featuring Super Symbols Dockets.
Defendant, Marks Studios, LLC, is the formal corporate identity for Defendant, Gimme Games collectively Defendants.
Gimme Games creates slot machine games with a Mega Symbols https://jackpot-spin-top-deposit.site/1/1929.html, which Plaintiff argues infringes upon its Super Symbols games.
While Gimme Games creates the products with Mega Symbols, Defendant, Aristocrat Technologies, hereinafter Aristocratmarkets and distributes the physical landbased slot-games with these features.
Aristocrat, as one of the largest game distributors in the industry, competes directly with Bally, and thus Plaintiff alleges a direct harm to its position 国際的なゲーム the industry.
Plaintiff filed the Complaint in this case on November 26, 2013 alleging: 1 misappropriation under the NJ Trade Secret Act; 2 Unfair Competition NJ and Federal ; and 3 Breach of Contract against Defendants, relating to Plaintiffs Super Symbols feature in slot 2 machine games, amongst other components of the games.
See generally Complaint, ECF No.
On May 27, 2014, Plaintiff received U.
Thereafter, Plaintiff filed an amended complaint to add claims of direct and induced patent infringement.
Plaintiff made an application for a Temporary Restraining Order and Preliminary Injunction on August 21, 2014, which this Court denied on August 22, 2014, stating: Plaintiff brings this action against Defendants, Daniel Marks MarksJoseph Masci Masciand Brian Kavanagh Kavanagh as well.
Defendants Marks, Masci, and Kavanagh are former employees of High 5 who now allegedly work for Gimme Games.
Marks is alleged to be Gimme Games founder and Chief Executive Office, Masci is alleged to be its Chief Creative Officer, and Kavanagh is alleged to be its Director of Motion Graphics.
Plaintiff has not shown that it will suffer immediate temporary harm in the absence of a temporary restraining order, as Plaintiff waited almost three months afier being issued the 223 Patent before seeking such order.
Further, Defendants allegedly infringing feature has been on the market at least early as September 2013, when Plaintiffs 黒騎士は中世のゲームを入手 such feature.
Thus, the circumstances of this case are not so exigent as to warrant a temporary restraining order.
Essentially, the Court made the preliminary finding that Plaintiff did not demonstrate irreparable harm.
Defendants opposed the issuance of an injunction on September 12, 2014.
The Court heard oral argument on October 3, 2014.
Minute Entry, ECF No.
LEGAL STANDARD Preliminary injunctions are extraordinary remedies that are not routinely granted.
The decision to grant a preliminary injunction is within the sound discretion of the district court.
The Court examines the following four factors in determining whether injunctive relief should be granted: 1 whether the movant has shown a reasonable article source of success on the merits; 2 whether the movant will be irreparably harmed by denial of the injunctive relief sought; 3 whether the injury to the movant in the absence of injunctive relief outweighs the possible harm to the non-movant if the injunction is granted; and 4 the impact of a preliminary injunction on the public interest.
However, the Court must generally gimmie games llc all four factors in determining whether to grant check this out injunction.
DISCUSSION To warrant the issuance of an injunction, a plaintiff must gimmie games llc more than a risk of irreparable injury, and rather must demonstrate a clear showing of immediate irreparable injury.
Because this Court finds Plaintiff failed to substantiate its claim that immediate irreparable harm will occur, Plaintiffs application for a preliminary injunction must be denied.
The Court will discuss the several factors that militate against Plaintiff s assertion of irreparable harm in turn.
Plaintiff s Lack of Immediacy in Seeking Injunctive Relief.
Plaintiff has not demonstrated any current harm or alternatively, that it will be harmed, without the issuance of an injunction.
Most telling perhaps, is the fact that Plaintiff was aware of Defendants alleged breach 遊ぶ無料のオンライン3dウエスタンゲーム September of 2013.
Plaintiff then waited two months before commencing the instant cause of action in November 2013, and about eleven months before filing the instant application for injunctive relief.
Plaintiff fails to provide an adequate explanation for this delay.
Plaintiff explains that it only discovered one week before moving for this preliminary injunction that Defendants maintained a Facebook page to promote its games with oversized symbols.
However, even if the Court were to construe this as an explanation for the delay in seeking a preliminary injunction, Plaintiff fails to explain why such a discovery triggered the necessity for the extraordinary relief now being requested, particularly since Plaintiff had been on notice that Defendants intended to continue selling the Mega Symbols games since September 2013, if not earlier.
Indeed, in Ultimate Trading Corp.
Daus, this Court previously found that afive month delay in seeking a preliminary injunction was too substantial to then make a showing of irreparable harm.
Ultimately, the delay between the discovery of the alleged infringement and the Plaintiff s filing for injunctive relief belies the urgency that forms the cornerstone of injunctive relief; indeed, this delay indicates a lack of urgency.
Abbott Laboratories, 849 無料オンラインゲームいいえダウンロードpogo />Even gimmie games llc the Court were inclined to ignore the lack of immediacy in Plaintiff s own actions, Plaintiff fails to substantiate any allegations of currently existing immediate irreparable harm.
Plaintiff argues that it currently operates the highest rated social casino on Facebook and 5 Defendants competing social casino with Mega Symbols will decrease the revenue growth driven by the number of daily and monthly garners playing on the platform.
However, Plaintiff fails to provide the Court with any documents or information to indicate any change in the volume of its own business conducted on Facebook measured as sales or otherwise since Aristocrat launched its Facebook page in January 2014.
This is not the type of immediate harm a preliminary injunction seeks to avoid.
To the contrary, Plaintiff merely asserts the risk of potential injury where the Court has not been convinced the damages cannot have a monetary value only.
Plaintiff Has Not Demonstrated that Monetary Compensation Will Not Suffice as a Remedy.
Plaintiff has failed to carry the burden of proving why monetary damages would not remedy its prospective injury.
No evidence has been submitted to show why Plaintiff could not be compensated financially for the alleged infringements as measured by lost sales andlor profits.
In order to satisfy the element of irreparable harm, Plaintiff must evidence that without the issuance of an injunction, it will suffer harm which cannot be sufficiently redressed following a trial of the matter.
In this regard, Plaintiff argues that because the revenue model of social casinos are different from land based games, it makes it more difficult to quantify damages monetarily.
Oral Argument Transcript Transcript at 10:5-17.
Plaintiff essentially argues that social casinos present a potential difficulty in calculating damages, but this is not a 6 difficulty that warrants extraordinary relief.
Plaintiff must show that other remedies such as money damages are inadequate to compensate a plaintiff for past harm, and here, it has failed to do so.
Plaintiff Has Not Established a Nexus Between Infringement and Lost Profits.
Similarly, this Court is guided by Apple, Inc.
Here, Plaintiff fails to illustrate that consumer game-playing decisions within the social casino, or simply the decision to enter one social casino over another, were based on the presence of the Super Symbols feature.
Thus, there is no established nexus between the alleged infringement of the 223 patent and any decrease in profits later quantified by the Gimmie games llc />Plaintiff Has Not Met its Burden of Proving Loss of Goodwifi or Damag e to Reputation.
While Plaintiff argues that injunctive relief is appropriate as it is not possible to calcula te money damages including digorgment of profits that will compensate it for the damag e to brand, reputation, and goodwill caused by Defendants infringement of the Super Click here ls products, it fails to evidence this type of harm.
That is, Plaintiff is concerned that customers will not be loyal to High 5 games once they 7 see them as lacking new unique elements.
However, Plaintiff has failed to establish that its Super Symbols technology is unique learn more here the social casino slot-machine market and is a feature that will tarnish its goodwill, if infringed upon.
Plaintiff argues that unlike any other game that contains oversized symbols, its games have reels spinning during gameplay where both regular symbols and oversized symbols that are located 無料ギフトカードを獲得 the same reels rotate on and off the screen at the same rate.
But Plaintiff does not explain how Defendants Mega Symbols are flooding the market and harming its reputation for unique gaming.
While true that harm to reputation resulting from confusion between an inferior accused please click for source and a patentee s superior product is a type of harm that is often not fully compensable by money because the damages caused are speculative, here Plaintiff does not assert that the Mega Symbols games are inferior.
Reebok Int l Ltd.
At a read more, Plaintiff alleges that カジノ2ボーナスコードいいえ入金アメリカ合衆国 Mega Symbols feature in Defendants game are drawing in game players and once these players are in they may stay and play Defendants other games.
These allegations are Minecraftのカジノマシン however, enough to establish loss of reputation or loss of goodwill and again, allege nothing more than a risk.
Nor do they show how Plaintiff would immediate lose the value of its patent absent a preliminary injunction.
While Plaintiff s allegations suggest a risk of irreparable injury, such a risk alone will not suffice.
See ECRI, 809 F.
A plaintiff has the burden of proving a clear showing of immediate irreparable injury.
The Court finds the extraordinary relief requested by Plaintiff to be inappropriate.
Denying a Preliminary Injunction in this Case Preserves the Status Quo.
The Court is mindful that the function of preliminary injunctive relief is to preserve the status quo pending a determination of the action on the merits.
Saddleback Junior College District.
The status quo to be preserved is that state of affairs existing immediately before the filing of the litigation, the last uncontested status which preceded the pending controversy.
Tanner Motor Livery, Ltd.
In Tanner the Ninth Circuit dissolved a preliminary injunction on the basis that it is not usually proper to grant the moving party the full relief to which he might be entitled if successful at the conclusion of a trial.
This is particularly true where the relief afforded, rather than preserving the status quo, completely changes it.
Prior to the filing of this litigation, both Plaintiff and Defendants were free to compete in the social casino marketplace.
The Court finds that the prelitigation status quo would best be preserved by gimmie games llc the parties to remain in the state of free competition in the marketplace and thus the application for a preliminary injunction is denied.
CONCLUSION For the reasons set forth above, Plaintiff s application for a preliminary injunction, ECF No.
An appropriate Order accompanies this Opinion.
Linares United States District Judge Date: OctoberZO2o 14 9.

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Docket alerts are an advanced feature of CourtListener.
Monthly donors can create unlimited docket alerts.
If you are not a monthly donor, we allow five alerts and give a bonus of 10 alerts to anybody with the RECAP Extension installed.
You currently have alerts.
To create additional alerts, please install the RECAP Extension or become a monthly donor.
We can sometimes provide need-based exceptions to these rules.
If you might need an exception.
Last Updated: June 17, 2019, 4:07 p.
EDT Assigned To: Date Filed: Nov.
Attachments: 1 Exhibit, 2 RULE 11.
Cohen by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Akiva M.
Cohen, 3 Text of Proposed Order Granting Admission to Akiva M.
Moskin by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Jonathan E.
Moskin for Admission, 3 Text of Proposed Order Granting Jonathan E.
Cohen, 8 MOTION for Leave to Appear Pro Hac Vice Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Moskin to receive Notices of Electronic Filings.
SO ORDERED by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
Signed オンライン戦略ゲーム登録なし Magistrate Judge Joseph A.
Sheikh by PTT, LLC.
Signed by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Hanna by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha Go here />McCarthy, 2 Declaration of Ramy E.
Hanna, 3 Text of Proposed Order Granting Admission to Ramy E.
Pence by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Adam G.
Pence, 3 Text of Proposed Order Granting Admission to Adam G.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Hanna to receive Notices of Electronic Filings.
Pence to receive Notices of Electronic Filings.
Attachments: 1 Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration Khizar A.
Attachments: 1 Text of Proposed Order Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration of Khizar A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Attachments: 1 Declaration of Akiva M.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Attachments: 1 Declaration of Akiva M.
Attachments: 1 Appendix of Unreported Cases, 2 Declaration of Daniel Marks, 3 Declaration of Douglas Gimmie games llc, 4 Declaration of Andrew Gracie, 5 Declaration of Joseph Masci, 6 Declaration of Brian Kavanagh, 7 Declaration of Akiva M.
Cohen, 8 Declaration of Ramy E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Sheikh re: Automatic clerks extension of time to submit opposition to Defendants' Motion to Dismiss re 51 MOTION to Dismiss.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Judge Jose L.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Michael A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Please disregard previous text order ECF 76 So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
Moskin to The Hon.
Linares re 89 Letter.
If the parties are unable to agree on any of the dates, they should inform the Court by letter, not to exceed three 3 pages.
In addition, the check this out may submit separate click here by July 3, 2015 outlining any protective order issues.
So Ordered by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Dickson Re: Defendants' Proposed Prosecution to the Bar.
Dickson Re: Defendants' Proposed Scheduling Order.
Dickson Re: Defendants' Proposed Response to Plaintiff PTT, LLC's July 10, 2015 Letter.
Defendants request that the Court strike Plaintiffs letter brief, ECF No.
In the alternative, and Plaintiff having no objection, ECF No.
So Ordered by Magistrate Judge Joseph A.
All counsel gimmie games llc required to attend.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Order to be submitted.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Case reassigned to Judge John Michael Vazquez and Magistrate Judge Mark Falk for all further proceedings.
Linares, Magistrate Judge Joseph A.
Dickson no longer assigned to case.
So Ordered by Chief Judge Jerome B.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Bradley Roush, 2 Certification of Alisha L.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Parties to submit proposed order to Judge Falk.
Transcriber: KLJ Transcription Service, LLC 201-703-1670.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Moskin re 127 Letter.
There shall be an in-person conference before the Undersigned on May 10, 2016, at 10:00 a.
Lead trial counsel are required to attend.
In addition to counsel, individual clients with full authority are required to appear in-person.
Counsel and clients should be prepared to spend the entire day in Court i.
No further discovery-related communications should be sent to the Court prior to the conference, as the ongoing letter writing campaign is inappropriate.
The parties are directed to serve settlement position papers, in camera and ex-parte, on or before May 24, 2016.
The same requirements stated in the Court's prior order apply.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 14, 2016 at 3:00 p.
Plaintiff's counsel is directed to arrange for the conference call.
LM, Gimmie games llc ANSWER to 32 Amended Complaint, 71 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against DANIEL MARKS an individualBRIAN KAVANAGH, MARKS STUDIOS, LLC, JOSEPH MASCI, ARISTOCRAT TECHNOLOGIES, INC.
Sheikh, 2 Exhibit A-D to K.
Sheikh Declaration, 3 Exhibit E-H to K.
Proposed Second Amended Scheduling Order.
Defendant's counsel is directed to arrange for the conference call.
The same requirements stated in the Court's prior order apply.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 26, 2016 at 11:30 a.
Plaintiff's counsel is directed to arrange for the conference call.
Counsel shall coordinate the call and dial into chambers at the assigned time.
Counsel shall coordinate the call and dial into chambers at the assigned time.
In addition, the parties may contact the Court by letter after expert depositions are completed.
At that time and with the benefit of a full factual record, the Court will address the dispute raised in the parties' October 19, 2016 letter regarding live testimony at the claim construction hearing.
LM, STIPULATION AND ORDER REGARDING SOURCE CODE.
Attachments: 1 Brief Memorandum In Support of Motion to This web page Answer, 2 Exhibit Exhibit A to Memorandum, 3 Declaration Declaration of Bradley D.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Plaintiff's counsel is directed to arrange for the conference call.
Attorney ALISHA LOUISE MCCARTHY terminated.

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HIGH 5 GAMES, LLC v. MARKS, 2:13-cv-07161 – jackpot-spin-top-deposit.site
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PTT, LLC v. GIMMIE GAMES et al, No. 2:2013cv07161 - Document 65 (D.N.J. 2014) :: Justia
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Last Updated: June 17, 2019, 4:07 p.
EDT Assigned To: Date Filed: Nov.
Attachments: 1 Exhibit, 2 RULE 11.
Cohen by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, 無料アンドロイド帝国ゲーム MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Akiva M.
Cohen, 3 Text of Proposed Order Granting Admission to Akiva M.
Moskin by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
Moskin for Admission, 3 Text of Proposed Order Granting Jonathan E.
Cohen, 8 MOTION for Leave to Appear Pro Hac Vice Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Cohen to receive Notices of Electronic Filings.
Moskin to receive Notices of Electronic Filings.
SO ORDERED by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Sheikh click the following article PTT, LLC.
Signed by Magistrate Judge Joseph A.
SO ORDERED by Magistrate Judge Joseph A.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Hanna by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH MASCI.
Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Ramy E.
Hanna, 3 Text of Proposed Order Granting Admission to Ramy E.
Pence by GIMMIE GAMES, BRIAN KAVANAGH, DANIEL MARKS, JOSEPH Gimmie games llc />Attachments: 1 Certification of Alisha L.
McCarthy, 2 Declaration of Adam G.
Pence, 3 Text of Proposed Order Granting Admission to Adam G.
The motion will be decided on the papers.
No appearances required unless notified by the gimmie games llc />The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Hanna to receive Notices of Electronic Filings.
Pence to receive Notices of Electronic Filings.
Attachments: 1 Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration Khizar A.
Attachments: 1 Text of Proposed Order Proposed Order to Show Cause for Temporary Restraints and Preliminary Injunction, 2 Declaration of Khizar A.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
Signed by Judge Jose L.
Attachments: 1 Declaration of Akiva M.
The motion will be decided on the papers.
No appearances required unless notified by the court.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Attachments: 1 Declaration of Akiva M.
Attachments: 1 Appendix of Unreported Cases, 2 Declaration of Daniel Marks, 3 Declaration of Douglas Fallon, 4 Declaration of Andrew Gracie, 5 Declaration of Joseph Masci, 6 Declaration of Brian Kavanagh, 7 Declaration of Akiva M.
Cohen, 8 Declaration of Ramy E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Sheikh re: Automatic clerks extension of time to submit opposition to Defendants' Motion to Article source re 51 MOTION to Dismiss.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Judge Jose L.
Signed by Judge Jose L.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Michael A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Please disregard previous text order ECF 76 So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Jonathan E.
The motion will be decided on the papers.
No appearances required unless notified by the court.
Signed by Magistrate サッカー選手権ゲームをオンラインでプレイする Joseph A.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
Moskin to The Hon.
Linares re 89 Letter.
If the parties are unable to agree on any of the dates, they should inform the Court by letter, not to exceed three 3 pages.
In addition, the parties may submit separate letters by July 3, 2015 outlining any protective order issues.
So Ordered by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Dickson Re: Defendants' Proposed Prosecution to the Bar.
Dickson Re: Defendants' Proposed Scheduling Order.
Dickson Re: Defendants' Proposed Response to Plaintiff PTT, LLC's July 10, 2015 Letter.
Defendants request that the Court strike Plaintiffs letter brief, ECF No.
In the alternative, and Plaintiff having no objection, ECF No.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
So Ordered by Magistrate Judge Joseph A.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Order to be submitted.
Signed by Magistrate Judge Joseph A.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the 無料アダルトカジノゲーム a Notice of Intent to Request Redaction of this Transcript.
Signed by Magistrate Judge Joseph A.
Signed by Magistrate Judge Joseph A.
Unless otherwise gimmie games llc by the Court, this motion will be decided on the papers and no appearances are required.
Case reassigned to Judge John Michael Vazquez and Magistrate Judge Mark Falk for all further proceedings.
Linares, Magistrate Judge Joseph A.
Dickson no longer assigned to case.
So Ordered by Chief Judge Jerome B.
All counsel are required to attend.
So Ordered by Magistrate Judge Joseph A.
Attachments: 1 Declaration of Bradley Roush, 2 Certification of Alisha L.
Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required.
Parties to submit proposed order to Judge Falk.
Transcriber: KLJ Transcription Service, LLC 201-703-1670.
NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven 7 calendar days to file with the Court a Gimmie games llc of Intent to Request Redaction of this Transcript.
Moskin re 127 Letter.
There shall be an in-person https://jackpot-spin-top-deposit.site/1/917.html before the Undersigned on May 10, 2016, at 10:00 a.
Lead trial counsel are required to attend.
In addition to counsel, individual clients with full authority are required to appear in-person.
Counsel and clients should be prepared to spend the entire day in Court i.
No further discovery-related communications should be sent to the Court prior to the conference, as the ongoing letter writing campaign is inappropriate.
The parties are directed to serve settlement position papers, in camera and ex-parte, on or before May 24, 2016.
The same requirements stated in the Court's prior order apply.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on July 14, 2016 at 3:00 p.
Plaintiff's counsel is directed to arrange for the conference call.
LM, AMENDED ANSWER to 32 Amended Complaint, 71 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against DANIEL MARKS an individualBRIAN KAVANAGH, MARKS STUDIOS, LLC, JOSEPH MASCI, ARISTOCRAT TECHNOLOGIES, INC.
Sheikh, 2 Exhibit A-D to K.
Sheikh Declaration, 3 Exhibit E-H to K.
Proposed Second Amended Scheduling Order.
Defendant's counsel is directed to arrange for the conference call.
The same requirements stated in the Court's prior order apply.
Unless otherwise directed by the Court, this motion will gimmie games llc decided on the papers and no appearances are required.
LM, TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on October 26, 2016 at 11:30 a.
Plaintiff's counsel is directed to arrange for the conference call.
Counsel shall coordinate the call and dial into chambers at the assigned time.
Counsel shall coordinate the call and dial into chambers at the assigned emerge unmerge />In addition, the parties may contact the Court by letter after expert see more are completed.
At that time and with the benefit of a full factual record, the Court will address the dispute raised in the parties' October 19, 2016 letter regarding live testimony at the claim construction hearing.
LM, STIPULATION AND ORDER REGARDING SOURCE CODE.
Attachments: 1 Brief Memorandum In Support of Motion to Amend Answer, 2 Exhibit Exhibit A to Memorandum, 3 Declaration Declaration gimmie games llc Bradley D.
Unless otherwise gimmie games llc by the Court, this motion will be decided on the papers and no appearances are required.
Plaintiff's counsel is directed to arrange for the conference call.
Attorney ALISHA LOUISE MCCARTHY terminated.

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The case is PTT LLC v. Gimmie Games et al., case number 2:13-cv-07161, in the U.S. District Court for the District of New Jersey.--Editing by John Campbell.


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PTT, LLC v. GIMMIE GAMES et al, No. 2:2013cv07161 - Document 65 (D.N.J. 2014) :: Justia
Valid for casinos
HIGH 5 GAMES, LLC v. MARKS, 2:13-cv-07161 – jackpot-spin-top-deposit.site
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GIMMIE GAMES et al Doc.
GIMME GAMES, et al.
This matter comes before the Court by way of Plaintiff s application for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65.
The Court has considered the submissions made in support of and in opposition to Plaintiff s application, as well as the arguments presented by the parties at oral argument on October 3, 2014.
For the reasons set forth below, Plaintiff s application is DENIED.
One of the gaming features that Plaintiff developed was its Super Symbols invention.
These are oversized symbols that appear in gimmie games llc to traditionally sized symbols and count as if each space they cover is occupied by that symbol, making it easier for players to achieve large wins on multiple lines at once.
Plaintiff licenses its games featuring Super 子犬愛ゲームオンライン Dockets.
Defendant, Marks Studios, LLC, is the formal corporate identity for Defendant, Gimme Games collectively Defendants.
Gimme Games creates slot machine games with a Mega Symbols feature, which Plaintiff argues infringes upon its Super Symbols games.
While Gimme Games creates the products with Mega Symbols, Defendant, Aristocrat Technologies, hereinafter Aristocratmarkets and distributes the physical landbased slot-games with these features.
Aristocrat, as one of the largest game distributors in the industry, competes directly with Bally, and thus Plaintiff alleges a direct harm to its position in the industry.
Plaintiff filed the Complaint in this case on November 26, 2013 alleging: 1 misappropriation under the NJ Trade Secret Act; 2 Unfair Competition NJ and Federal ; and 3 Breach of Contract against Defendants, relating to Plaintiffs Super Symbols feature in slot 2 machine games, amongst other components gimmie games llc the games.
See generally Complaint, ECF No.
On May 27, 2014, Plaintiff received U.
Thereafter, Plaintiff filed an amended complaint to add claims of direct and induced patent infringement.
Plaintiff made an application for a Temporary Restraining Order and Preliminary Injunction on August 21, 2014, which this Court denied on August 22, 2014, stating: Plaintiff brings this action against Defendants, Daniel Marks MarksJoseph Masci Masciand Brian Kavanagh Kavanagh as well.
Defendants Marks, Masci, and Kavanagh are former employees of High 5 who now allegedly work for Gimme Games.
Marks is alleged to be Gimme Games founder and Chief Executive Office, Masci is alleged to be its Chief Creative Officer, and Kavanagh is alleged to be its Director of Motion Graphics.
Plaintiff has not shown that it will suffer immediate temporary harm in click to see more absence of a temporary restraining order, as Plaintiff waited almost three months afier being issued the 223 Patent before seeking such order.
Further, Defendants allegedly infringing feature has firekeepers casinoに近いホリデーイン on the market at least early as September 2013, when Plaintiffs discovered such feature.
Thus, the circumstances iPadとApple TVで遊ぶための最高のゲーム this case are not so exigent as to warrant a temporary restraining order.
Essentially, the Court made the preliminary finding that Plaintiff did not demonstrate irreparable harm.
Defendants opposed the issuance of an injunction on September 12, 2014.
The Court heard oral argument on October 3, 2014.
Minute Visit web page, ECF No.
LEGAL STANDARD Preliminary injunctions are extraordinary remedies that are not routinely granted.
The decision to grant a preliminary injunction is within the sound discretion of the district court.
The 戦艦オンライン無料ゲーム examines the following four factors in determining whether injunctive relief should be granted: 1 whether the movant has shown a reasonable likelihood of success on the merits; 2 whether the movant will be irreparably harmed by denial of the injunctive relief sought; 3 whether the injury to the movant in the absence of injunctive relief outweighs the possible harm to the non-movant if the injunction is granted; and 4 the impact of a preliminary injunction on the public interest.
However, the Court must generally weigh all four factors in determining whether to grant an injunction.
DISCUSSION To warrant the issuance of an injunction, a live goldの無料オンラインコード xbox must establish more than a risk of irreparable injury, and rather must demonstrate a clear showing of immediate irreparable injury.
Because this Court finds Plaintiff failed to substantiate its claim that immediate irreparable harm will occur, Plaintiffs application for a preliminary injunction must be denied.
The Court will discuss the several factors that militate against Plaintiff s assertion of irreparable harm in turn.
Plaintiff s Lack of Immediacy in Seeking Injunctive Relief.
Plaintiff has not demonstrated any current harm or alternatively, that it will be harmed, without the issuance of an injunction.
Most telling perhaps, is the fact that Plaintiff was aware of Defendants alleged breach in September of 2013.
Plaintiff then waited two months before commencing the instant cause of action in November 2013, and about eleven months before filing the instant application for injunctive relief.
Plaintiff fails to provide an adequate explanation for this delay.
Plaintiff explains that it only discovered one week before moving for this preliminary injunction that Defendants maintained a Facebook page to promote its games with oversized symbols.
However, even if the Court were to construe this as an explanation for the delay in seeking a preliminary injunction, Plaintiff fails to explain why such a discovery triggered the necessity for the extraordinary relief now being requested, particularly since Plaintiff had been on notice that Defendants intended to continue selling the Mega Symbols games since September 2013, if not earlier.
Indeed, in Ultimate Trading Corp.
Daus, this Court previously found that afive month delay in seeking a preliminary injunction was too substantial to 忍者フルーツの無料ゲーム make a showing of irreparable harm.
Ultimately, the delay between the discovery of the alleged infringement and the Plaintiff s filing for injunctive relief belies the urgency that forms the cornerstone of injunctive relief; indeed, this delay indicates a lack of urgency.
Abbott Laboratories, 849 F.
Even if the Court were inclined to ignore the lack of immediacy in Plaintiff s own actions, Plaintiff fails to substantiate any allegations of currently existing immediate irreparable harm.
Plaintiff argues that it currently operates the highest rated social casino on Facebook and 5 Defendants competing social casino with Mega Symbols will decrease the revenue growth driven by the number of daily and monthly garners playing on the platform.
That is, competing Mega Symbols games will decrease the number of plays and consumer returns to Plaintiffs casino, and thus, the less money the social casino can make.
However, Plaintiff fails to provide the Court with any documents or information to indicate any change in the volume of its own business conducted on Facebook measured as sales or otherwise since Aristocrat launched its Facebook page in January 2014.
This is not the type of immediate harm a preliminary injunction seeks to avoid.
To the contrary, Plaintiff merely asserts the risk of potential injury where the Court has not been convinced the damages cannot have a monetary value only.
Plaintiff Has Not Demonstrated that Monetary Compensation Will Not Suffice as a Remedy.
Plaintiff has failed to carry the burden of proving why monetary damages would not remedy gimmie games llc prospective injury.
No evidence has been submitted to show why Plaintiff could not be compensated financially for the alleged infringements as measured by lost sales andlor profits.
In order to satisfy the element of irreparable harm, Plaintiff must evidence that without the issuance of an injunction, it will suffer harm which cannot be sufficiently redressed following a trial of the matter.
In this regard, Plaintiff argues that because the revenue model of social casinos are different from land based games, it makes it more difficult to quantify damages monetarily.
Oral Argument Transcript Transcript at 10:5-17.
Plaintiff essentially argues that social casinos present a potential difficulty in calculating damages, but this is not a 6 difficulty that warrants extraordinary relief.
Plaintiff must show that other remedies 射手スロット無料ダウンロード as money damages are inadequate to compensate a plaintiff for past harm, and here, it has failed to do so.
Plaintiff Has Not Established a Nexus Between Infringement and Lost Profits.
Similarly, this Court is guided by Apple, Inc.
Here, Plaintiff fails to illustrate that consumer game-playing decisions within the social casino, or simply the decision to enter one social casino over another, were based on the presence of the Super Symbols gimmie games llc />Thus, there is no established nexus between the alleged infringement of the 223 patent and any decrease in profits later quantified by the Plaintiff.
Plaintiff Has Not Met its Burden of Proving Loss of Goodwifi or Gimmie games llc e to Reputation.
While Plaintiff argues that injunctive relief is appropriate as it is not possible to calcula te money damages including digorgment of profits that will compensate it for the damag e to brand, reputation, and goodwill caused by Defendants infringement of the Super Symbo ls products, it fails to evidence this type of link />That is, Plaintiff is concerned that customers will not be loyal to High 5 games once they 7 see them as lacking new unique elements.
However, Plaintiff has failed to establish that its Super Symbols technology is unique to the social casino slot-machine market and is a feature that will tarnish its goodwill, if infringed upon.
Plaintiff argues that unlike any other game that contains oversized symbols, its games have reels spinning during gameplay where both regular symbols and oversized symbols that are located on the same reels gimmie games llc on and off the screen at the same rate.
But Plaintiff does not explain how Defendants Mega Symbols are flooding the market and harming its reputation for unique gaming.
While true that harm to reputation resulting from confusion between an inferior accused product and a patentee s superior product is a type of harm that is often not fully compensable by money because the damages caused are speculative, here Plaintiff does not assert that the Mega Symbols games are inferior.
Reebok Int l Ltd.
At a maximum, Plaintiff alleges that the Mega Symbols feature in Defendants game are drawing in game players and once these players are in they may stay and play Defendants other games.
These allegations are not however, enough to establish loss gimmie games llc reputation or loss of goodwill and again, allege nothing more than a risk.
Nor do they show how Plaintiff would immediate lose the value of its patent absent a preliminary injunction.
While Plaintiff s allegations suggest a risk of irreparable injury, such a risk alone will not suffice.
See ECRI, 809 F.
A plaintiff has the burden of proving a clear showing of immediate irreparable injury.
The Court finds the extraordinary relief requested by Plaintiff to be inappropriate.
Denying a Preliminary Injunction in this Case Preserves the Status Quo.
The Court is mindful that the function of preliminary injunctive relief is to preserve the status quo pending a determination of the action on the merits.
Saddleback Junior College District.
The status quo to be preserved is that state of affairs existing immediately before the filing of the litigation, the last uncontested status which preceded the pending controversy.
Tanner Motor Livery, Ltd.
In Gimmie games llc the Ninth Circuit dissolved a preliminary injunction on the basis that it is not usually proper to grant the moving party the full relief to which he might be entitled if successful at the conclusion of a trial.
This is particularly true where the relief afforded, rather than preserving the status quo, completely changes it.
Prior to the filing of this litigation, both Plaintiff and Defendants were free to compete in the social casino marketplace.
The Court finds that the prelitigation status quo would best be preserved by permitting the parties to remain in the state of free competition this web page the marketplace and thus the application for a preliminary injunction is denied.
CONCLUSION For the reasons set forth above, Plaintiff s application for a preliminary injunction, Read more No.
An appropriate Order accompanies this Opinion.
Linares United States District Judge Date: OctoberZO2o 14 9.