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11-57137 Docket

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General Docket United States Court of Appeals for the Ninth Circuit Court of Appeals Docket #: 11-57137 Nature of Suit: 3820 Copyright Omega S.A. v. Costco Wholesale Corporation Appeal From: U.S. District Court for Central California, Los Angeles Fee Status: Paid Case Type Information: 1) civil 2) private 3) null Originating Court Information: District: 0973-2 : 2:04-cv-05443-TJH-RC Court Reporter: Blanca Aguilar, Official Court Reporter Trial Judge: Terry J. Hatter, Senior District Judge Date Filed: 07/14/2004 Date Order/Judgment: Date Order/Judgment EOD: 11/09/2011 11/10/2011 Prior Cases: 07-55368 07-56206 Date Filed: 03/21/2007 Date Filed: 08/23/2007 Date Disposed: 09/03/2008 Date Disposed: 09/03/2008 Docketed: 12/09/2011

Date NOA Filed: 12/09/2011

Date Rec'd COA: 12/09/2011

Disposition: Reversed, Remanded - Opinion Disposition: Reversed, Remanded - Opinion

Current Cases: Lead Companion 11-57137 12-56342 07/20/2012 Member Start End

OMEGA S.A. Plaintiff - Appellant,

Jess Michol Collen, Esquire Direct: 914-941-5668 [COR LD NTC Retained] COLLEN IP The Holyoke-Manhattan Building 80 South Highland Avenue Ossining, NY 10562 Thomas P. Gulick, Attorney Direct: 914-941-5668 [COR LD NTC Retained] COLLEN IP The Holyoke-Manhattan Building 80 South Highland Avenue Ossining, NY 10562 David Speer Richman, Esquire, Attorney Direct: 310-557-2009 [COR LD NTC Retained] Theodora Oringher PC Suite 1700 10880 Wilshire Boulevard Los Angeles, CA 90024-4101 Barry Richard Levy Direct: 818-995-0800 [COR NTC Retained] Horvitz & Levy LLP 15760 Ventura Boulevard 18th Floor Encino, CA 91436

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Felix Shafir Direct: 818-995-0800 [COR NTC Retained] Horvitz & Levy LLP 15760 Ventura Boulevard 18th Floor Encino, CA 91436 John Arthur Taylor, Jr., Esquire, Attorney Direct: 818-995-0800 [COR NTC Retained] Horvitz & Levy LLP 15760 Ventura Boulevard 18th Floor Encino, CA 91436 v. COSTCO WHOLESALE CORPORATION Defendant - Appellee, Norman H. Levine, Esquire, Attorney Direct: 310-553-3610 [COR LD NTC Retained] GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP Suite 2100 1900 Avenue of the Stars Los Angeles, CA 90067 Aaron J. Moss, Esquire, Litigation Counsel Direct: 310-553-3610 [COR LD NTC Retained] GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 21st Floor 1900 Avenue of the Stars Los Angeles, CA 90067 -----------------------------INTELLECTUAL PROPERTY LAW PROFESSORS Amicus Curiae, Edward S. Lee Direct: 312-906-5212 [COR LD NTC Retained] IIT Chicago-Kent College of Law 565 West Adams Street Chicago, IL 60661-3691

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OMEGA S.A., Plaintiff - Appellant, v. COSTCO WHOLESALE CORPORATION, Defendant - Appellee.

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DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. The schedule is set as follows: Transcript ordered by 01/09/2012. Transcript due 04/09/2012. Appellant Omega S.A. opening brief due 05/21/2012. Appellee Costco Wholesale Corporation answering brief due 06/20/2012. Appellant's optional reply brief is due 14 days after service of the answering brief. [7995334] (JN) Received Appellant's Representation Statement. Served on 12/09/2011. [7995346] (JN) Filed Appellant Omega S.A. Mediation Questionnaire (CADS). Served on 12/09/2011. [7995350] (JN) Filed order MEDIATION (VLS): This case is under consideration for inclusion in the Mediation Program. Within 14 days of the date of this order, counsel for all parties intending to file briefs in this matter are requested to inform Roxane G. Ashe, Circuit Mediator, in writing, by fax at (415) 355-8566, of their clients’ views on whether: the case is appropriate for settlement discussions or mediation; the court can accommodate ongoing settlement discussions or otherwise facilitate settlement of the dispute; and/or the court should schedule a telephonic conference to discuss settlement. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be served on the opposing party and shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect pending the determination whether the case will be selected for inclusion in the Mediation Program. [8001983] (BJB) Filed (ECF) Appellant Omega S.A. Mediation Questionnaire. Date of service: 12/16/2011. [8003796] (TPG) Filed order MEDIATION (RGA): The court has determined that this appeal will not be selected for inclusion in the Mediation Program. [8019465] (BJB) Terminated Patricia S. Riordan for Omega S.A. in 11-57137 [8147825] (RR) 14 day oral extension by phone of time to file Appellant Omega S.A. brief. Appellant Omega S.A. opening brief due 06/04/2012. Appellee Costco Wholesale Corporation answering brief due 07/05/2012. The optional reply brief is due 14 days after service of the appellee brief. [8177431] (LN) Filed (ECF) Appellant Omega S.A. Correspondence: Letter to Opposing Counsel regarding Noice of Extension of Time Granted. Date of service: 05/15/2012 [8177693] (TPG) Filed (ECF) notice of appearance of Barry R. Levy for Appellant Omega S.A.. Date of service: 05/30/2012. [8196189] (BRL) Filed (ECF) notice of appearance of Felix Shafir for Appellant Omega S.A.. Date of service: 05/30/2012. [8196205] (FS) Filed (ECF) notice of appearance of John A. Taylor for Appellant Omega S.A.. Date of service: 05/30/2012. [8196235] (JAT) Added attorney Barry Richard Levy, Felix Shafir, John Arthur Taylor Jr. for Omega S.A., in case 11-57137. [8196307] (JFF) Filed (ECF) Appellant Omega S.A. Correspondence: Advising court of protective order requiring sealing of documents pursuant to Ninth Circuit Rule 27-13(b).. Date of service: 06/01/2012 [8199635] (BRL) Submitted (ECF) Opening brief for review. Submitted by Appellant Omega S.A.. Date of service: 06/01/2012. [8199842] (BRL) Filed clerk order: The opening brief [15] submitted by Omega S.A. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8200105] (SLH) Filed Appellant Omega S.A. excerpts of record in 3 volumes. (Vol. 2 UNDER SEAL) Served on 06/01/2012. [8208044] (SLH) Received 7 paper copies of Opening brief [15] filed by Omega S.A.. [8202423] (SD) 14 day oral extension by phone of time to file Appellee Costco brief. Appellee Costco Wholesale Corporation answering brief due 07/19/2012. The optional reply brief is due 14 days after service of the appellee brief. [8205419] (JN)

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Filed (ECF) Appellee COST Correspondence: Letter to Opposing Counsel regarding Notice of Extension of Time Granted. Date of service: 06/07/2012 [8205770] (AJM) Filed (ECF) Appellee COST Correspondence: Advising court of protective order requiring sealing of documents pursuant to Ninth Circuit Rule 27-13(a), (b). Date of service: 07/19/2012 [8256213] (AJM) Submitted (ECF) Answering brief for review. Submitted by Appellee COST. Date of service: 07/19/2012. [8256242]--[COURT UPDATE: Attached corrected brief. Resent NDA. 07/23/2012 by RY] (AJM) Filed Appellee COST supplemental excerpts of record on appeal in 2 volumes. (Vol. 2 UNDER SEAL) [8257715] (SLH) Filed (ECF) Appellant Omega S.A. Unopposed Motion to extend time to file Reply brief until 08/31/2012 at 11:59 pm. Date of service: 07/20/2012. [8258273] (BRL) Filed clerk order (Deputy Clerk: th): Granting aplnt's motion for ext of time to file reply brief. The rpy br is due Aug. 31, 2012. [8258727] (TH) Filed clerk order: The answering brief [22] submitted by COST is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8260081] (LA) Received 7 paper copies of Answering brief [22] filed by COST. [8263071] (SD) Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Intellectual Property Law Professors as Amici Curiae In Support of Defendant-Appellee and Affirmance. Date of service: 07/25/2012. [8263736]--[COURT UPDATE: Attached corrected brief. Resent NDA. 07/26/2012 by RY] (ESL) Entered appearance of Amicus Curiae Intellectual Property Law Professors. [8265458] (LA) Filed clerk order: The amicus brief [28] submitted by Intellectual Property Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8265460] (LA) Received 7 paper copies of Amicus brief [28] filed by Intellectual Property Law Professors. [8269808] (SD) Filed (ECF) Appellant Omega S.A. Unopposed Motion to extend time to file Reply brief until 09/14/2012 at 11:59 pm. Date of service: 08/22/2012. [8295620] (BRL) Filed clerk order (Deputy Clerk: TAH): The appellant’s motion for a second extension of time in which to file the reply brief is granted. The reply brief is due September 14, 2012. [8297644] (BJB) Filed (ECF) Appellant Omega S.A. Correspondence: Notice of Protective Order Requiring Sealing of Documents (Further Exceprts of Record-Volume 1 of 1). Date of service: 09/13/2012 [8322942] (BRL) Filed (ECF) Appellant Omega S.A. Motion to file oversized brief. Date of service: 09/13/2012. [8322978]--[COURT UPDATE: Removed brief, submitted sep on behalf of counsel in [36], resent notice. 09/13/2012 by ASW] (BRL) COURT-ENTERED FILING (removed brief from [35]). Submitted (ECF) Reply brief for review. Submitted by Appellant Omega S.A.. Date of service: 09/13/2012. [8323261] (ASW) Filed UNDER SEAL Appellant Omega S.A. supplemental excerpts of record on appeal in 1 volume. [8324295] (LA) Filed (ECF) Appellant Omega S.A. Correspondence (with notice of joint Reply brief attached). Date of service: 09/20/2012. [8331987]--[COURT UPDATE: Attached corrected notice. Resent NDA. 09/20/2012 by RY--Edited docket text to reflect correct ECF event. Resent NDA. 09/21/2012 by RY] (BRL) Filed clerk order (Deputy Clerk: TAH): The court has received the appellant’s motion for leave to file an oversized reply brief and the appellant’s subsequently filed notice pursuant to Ninth Circuit Rule 28-4. The motion is granted. The Clerk shall file the reply brief. [8336933] (BJB)

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Filed clerk order: The reply brief [36] submitted by Omega S.A. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8337035] (RH) Received 7 paper copies of Reply brief [36] filed by Omega S.A.. [8340207] (SD)

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