Bumble Trading, Inc. et al v. Match Group LLC

Western District of Texas, txwd-6:2018-cv-00350

Case electronically transferred in from Northern District of Texas; Case Number 3:18-cv-02578.

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JURY,RUTHERFORD U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:18−cv−02578−K Bumble Trading, Inc. et al v. Match Group LLC Date Filed: 09/26/2018 Assigned to: Judge Ed Kinkeade Jury Demand: Defendant Case in other court: 160th Judicial District, DC−18−04140 Nature of Suit: 830 Property Rights: Patent Cause: 35:271 Patent Infringement Jurisdiction: Federal Question Plaintiff Bumble Trading Inc represented by Deron R Dacus The Dacus Firm, P.C. 821 ESE Loop 323, Sutie 430 Tyler, TX 75701 903−705−1117 Fax: 903−581−2543 Email: ddacus@dacusfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Joseph M Drayton Cooley LLP 1114 Avenue of the Americas New York, NY 10036−7798 212−479−6539 Fax: 212−479−6275 Email: jdrayton@cooley.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Matthew D Caplan Cooley LLP 101 California Street 5th Floor San Francisco, CA 94111 415−693−2000 Fax: 415−693−2222 Email: mcaplan@cooley.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Megan M O'Laughlin Hitchcock Evert LLP 750 North Saint Paul Street, Ste 1110 Dallas, TX 75201 214−953−1111 Fax: 214−953−1121 Email: molaughlin@hitchcockevert.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Michael G Rhodes Cooley LLP 101 California Street 5th Floor San Francisco, CA 94111−5800 415−693−2000 Fax: 415−693−2222 Email: rhodesmg@cooley.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Rose Whelan Cooley LLP 1299 Pennsylvania Ave Suite 700 Washington, DC 20004 202−728−7000 Fax: 202−842−7899 Email: rwhelan@cooley.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Plaintiff Bumble Holding Ltd represented by Deron R Dacus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Joseph M Drayton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Matthew D Caplan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Megan M O'Laughlin (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Michael G Rhodes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Rose Whelan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted V. Defendant Match Group LLC represented by Bradley W Caldwell Caldwell Cassady Curry PC 2101 Cedar Springs Road, Suite 1000 Dallas, TX 75201 214−888−4848 Fax: 214−888−4849 Email: bcaldwell@caldwellcc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing John Franklin Summers Caldwell Cassady & Curry 2101 Cedar Springs Road Suite 1000 Dallas, TX 75201 214−888−4848 Fax: 214−888−4849 Email: jsummers@caldwellcc.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Jonathan Siegel Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 212−403−1121 Email: jrsiegel@wlrk.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Marc Wolinsky Wachtell, Lipton, Rosen & Katz 51 West 52nd Street New York, NY 10019 212−403−1226 Email: mwolinsky@wlrk.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Nathaniel D Cullerton Wachtell Lipton Rosen & Katz 51 West 52nd Street New York, NY 10019 212−403−1313 Email: ndcullerton@wlrk.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Stephen R DiPrima Wachtell Lipton Rosen & Katz 51 West 52nd Street New York, NY 10019 212−403−1382 Email: srdiprima@wlrk.com PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Counter Claimant Match Group LLC represented by Bradley W Caldwell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing John Franklin Summers (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Jonathan Siegel (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Marc Wolinsky (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Nathaniel D Cullerton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Stephen R DiPrima (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted V. Counter Defendant Bumble Holding Ltd represented by Deron R Dacus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Joseph M Drayton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Matthew D Caplan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Megan M O'Laughlin (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Michael G Rhodes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Rose Whelan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Counter Defendant Bumble Trading Inc represented by Deron R Dacus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Joseph M Drayton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Matthew D Caplan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Megan M O'Laughlin (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing Michael G Rhodes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Rose Whelan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Bar Status: Not Admitted Date Filed # Docket Text 09/26/2018 Ï1 NOTICE OF REMOVAL WITH JURY DEMAND from 106th Judicial District Court, Dallas County, case number DC−18−04140 filed by Match Group LLC. (Filing fee $400; receipt number 0539−9478833) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) 1 − Patent Complaint, # 2 Exhibit(s) 2 − Amended Patent Complaint, # 3 Exhibit(s) 3 − Federal Court Docket Sheet, # 4 Exhibit(s) 4 − Index of State Court Documents, # 5 Exhibit(s) 5 − State Court Docket Sheet, # 6 Exhibit(s) 6 − State Court Petition, # 7 Exhibit(s) 7 − Issued Citations, # 8 Exhibit(s) 8 − Motion to Withdraw, # 9 Exhibit(s) 9 − Proposed Order re Motion to Withdraw, # 10 Exhibit(s) 10 − Order Granting Motion to Withdraw, # 11 Exhibit(s) 11 − Notice of Status Conference Hearing, # 12 Exhibit(s) 12 − Request for Service, # 13 Exhibit(s) 13 − Issued Citations, # 14 Exhibit(s) 14 − Request for Service, # 15 Exhibit(s) 15 − Issued Citations, # 16 Exhibit(s) 16 − Answer & Counterclaims, # 17 Cover Sheet, # 18 Cover Sheet Supplement, # 19 Notice of Related Case) (Caldwell, Bradley) (Entered: 09/26/2018) 09/26/2018 Ï2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Match Group LLC identifying Corporate Parent/Other Affiliate Match Group Inc, Corporate Parent/Other Affiliate IAC/InterActiveCorp for Match Group LLC. (Caldwell, Bradley) (Entered: 09/26/2018) 09/26/2018 Ï3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (mcrd/ala) (Entered: 09/27/2018) 09/27/2018 Ï4 Report to Patent/Trademark Office of Initiating Document. Form AO 120 e−mailed to notice_of_suit@uspto.gov. (mcrd/ala) (Entered: 09/27/2018) 09/27/2018 Ï Judge Ed Kinkeade added pursuant to Special Order 3−287. Judge Sam A Lindsay no longer assigned to case. (ewd) (Entered: 09/27/2018) 09/27/2018 Ï5 MOTION to Transfer Case out of District/Division filed by Match Group LLC (Caldwell, Bradley) (Entered: 09/27/2018) 09/27/2018 Ï6 Brief/Memorandum in Support filed by Match Group LLC re 5 MOTION to Transfer Case out of District/Division (Attachments: # 1 Proposed Order) (Caldwell, Bradley) (Entered: 09/27/2018) 10/03/2018 Ï7 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jonathan Siegel (Filing fee $25; Receipt number 0539−9493081) filed by Match Group LLC (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Caldwell, Bradley) (Entered: 10/03/2018) 10/03/2018 Ï8 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Marc Wolinsky (Filing fee $25; Receipt number 0539−9493123) filed by Match Group LLC (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Caldwell, Bradley) (Entered: 10/03/2018) 10/03/2018 Ï9 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nathaniel D. Cullerton (Filing fee $25; Receipt number 0539−9493145) filed by Match Group LLC (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Caldwell, Bradley) (Entered: 10/03/2018) 10/03/2018 Ï 10 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Stephen R. DiPrima (Filing fee $25; Receipt number 0539−9493167) filed by Match Group LLC (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Caldwell, Bradley) (Entered: 10/03/2018) 10/09/2018 Ï 11 ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Jonathan Siegel. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/9/2018) (chmb) (Entered: 10/09/2018) 10/09/2018 Ï 12 ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Marc Wolinsky. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/9/2018) (chmb) (Entered: 10/09/2018) 10/09/2018 Ï 13 ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of Nathaniel D. Cullerton. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/9/2018) (chmb) (Entered: 10/09/2018) 10/09/2018 Ï 14 ELECTRONIC ORDER granting 10 Application for Admission Pro Hac Vice of Stephen R. DiPrima. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/9/2018) (chmb) (Entered: 10/09/2018) 10/15/2018 Ï 15 NOTICE of Attorney Appearance by Megan M O'Laughlin on behalf of Bumble Holding Ltd, Bumble Trading Inc. (Filer confirms contact info in ECF is current.) (O'Laughlin, Megan) (Entered: 10/15/2018) 10/15/2018 Ï 16 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−9515915) filed by Bumble Holding Ltd, Bumble Trading Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Michael G Rhodes added to party Bumble Holding Ltd(pty:pla), Attorney Michael G Rhodes added to party Bumble Trading Inc(pty:pla) (Rhodes, Michael) (Entered: 10/15/2018) 10/15/2018 Ï 17 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−9516622) filed by Bumble Holding Ltd, Bumble Trading Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Matthew D Caplan added to party Bumble Holding Ltd(pty:pla), Attorney Matthew D Caplan added to party Bumble Trading Inc(pty:pla) (Caplan, Matthew) (Entered: 10/15/2018) 10/15/2018 Ï 18 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−9516649) filed by Bumble Holding Ltd, Bumble Trading Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Rose Whelan added to party Bumble Holding Ltd(pty:pla), Attorney Rose Whelan added to party Bumble Trading Inc(pty:pla) (Whelan, Rose) (Main Document 18 replaced with flattened image on 10/16/2018) (ajb). (Entered: 10/15/2018) 10/17/2018 Ï 19 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−9523111) filed by Bumble Holding Ltd, Bumble Trading Inc (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Joseph M Drayton added to party Bumble Holding Ltd(pty:pla), Attorney Joseph M Drayton added to party Bumble Trading Inc(pty:pla) (Drayton, Joseph) (Additional attachment(s) added on 10/17/2018: # 3 Additional Page(s) Complete PHV Application) (chmb). (Entered: 10/17/2018) 10/17/2018 Ï 20 Motion to Dismiss First, Second, and Fifth Counterclaims for Failure to State a Claim filed by Bumble Holding Ltd, Bumble Trading Inc (O'Laughlin, Megan) Modified Docket Text on 10/18/2018 (ajb). (Entered: 10/17/2018) 10/17/2018 Ï 21 Brief/Memorandum in Support filed by Bumble Holding Ltd, Bumble Trading Inc re 20 Motion to Dismiss for Failure to State a Claim (O'Laughlin, Megan) (Entered: 10/17/2018) 10/18/2018 Ï 22 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bumble Holding Ltd, Bumble Trading Inc identifying Corporate Parent/Other Affiliate Bumble Holding Ltd. for Bumble Trading Inc; Corporate Parent/Other Affiliate Badoo Trading Ltd. for Bumble Holding Ltd. (O'Laughlin, Megan) (Entered: 10/18/2018) 10/18/2018 Ï 23 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 filed by Bumble Holding Ltd, Bumble Trading Inc with Brief/Memorandum in Support. (O'Laughlin, Megan) (Entered: 10/18/2018) 10/18/2018 Ï 24 Appendix in Support filed by Bumble Holding Ltd, Bumble Trading Inc re 23 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 (O'Laughlin, Megan) (Entered: 10/18/2018) 10/18/2018 Ï 25 RESPONSE filed by Bumble Holding Ltd, Bumble Trading Inc re: 5 MOTION to Transfer Case out of District/Division (O'Laughlin, Megan) (Entered: 10/18/2018) 10/22/2018 Ï 26 ELECTRONIC ORDER granting 16 Application for Admission Pro Hac Vice of Michael G Rhodes. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/22/2018) (chmb) (Entered: 10/22/2018) 10/22/2018 Ï 27 ELECTRONIC ORDER granting 17 Application for Admission Pro Hac Vice of Matthew D Caplan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/22/2018) (chmb) (Entered: 10/22/2018) 10/22/2018 Ï 28 ELECTRONIC ORDER granting 18 Application for Admission Pro Hac Vice of Rose Whelan. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/22/2018) (chmb) (Entered: 10/22/2018) 10/22/2018 Ï 29 ELECTRONIC ORDER granting 19 Application for Admission Pro Hac Vice of Joseph M Drayton. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Ed Kinkeade on 10/22/2018) (chmb) (Entered: 10/22/2018) 11/01/2018 Ï 30 Amended COUNTERCLAIM First Amended Counterclaims against Bumble Holding Ltd, Bumble Trading Inc filed by Match Group LLC (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F) (Caldwell, Bradley) (Entered: 11/01/2018) 11/01/2018 Ï 31 REPLY filed by Match Group LLC re: 5 MOTION to Transfer Case out of District/Division (Caldwell, Bradley) (Entered: 11/01/2018) 11/01/2018 Ï 32 NOTICE of Non−Opposition re: 23 MOTION to Dismiss PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41 filed by Match Group LLC (Attachments: # 1 Appendix) (Caldwell, Bradley) (Entered: 11/01/2018) 11/15/2018 Ï 33 MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim() filed by Bumble Holding Ltd, Bumble Trading Inc with Brief/Memorandum in Support. (O'Laughlin, Megan) (Entered: 11/15/2018) 11/28/2018 Ï 34 ORDER granting 5 Motion to Transfer. Because there is a likelihood of substantial overlap between the case before this Court and the case pending in the Western District of Texas, and the case before the Western District of Texas was filed first, transfer is appropriate. The Court TRANSFERS this action to the Western District of Texas, Waco Division. (Ordered by Judge Ed Kinkeade on 11/28/2018) (zkc) (Entered: 11/29/2018)