Enigma Software Group USA, LLC v. Malwarebytes, Inc.

Summary

Enigma Software sues Malwarebytes over trademark infringement in antimalware software market.

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Entities in this case

Parties

ENIGMA SOFTWARE GROUP USA, LLC (plaintiff) MALWAREBYTES, INC. (defendant)

Docket entries

1. #432023-09-05

   MANDATE ISSUED.(RRC, PJB and MMB) [12786043] (RL) [Entered: 09/05/2023 08:47 AM]

2. #422023-08-25

   Filed order (RICHARD R. CLIFTON, PATRICK J. BUMATAY and M. MILLER BAKER) Judge Clifton and Judge Baker have voted to deny the petition for panel rehearing, and Judge Bumatay has voted to grant the petition for panel rehearing. Judge Clifton and Judge Baker have recommended that the petition for rehearing en banc be denied, and Judge Bumatay has voted to grant the petition for rehearing en banc. The full court has been advised of Appellee’s petition for rehearing en banc, and no judge of the court has requested a vote on it. Fed. R. App. P. 35. Appellee’s petition for panel rehearing and rehearing en banc (Docket No. [41]), is therefore DENIED. [12780794] (WL) [Entered: 08/25/2023 09:38 AM]

3. #412023-06-30

   Filed (ECF) Appellee Malwarebytes, Inc. petition for panel rehearing and petition for rehearing en banc (from 06/02/2023 opinion). Date of service: 06/30/2023. [12747295] [21-16466] (Kaba, Moez) [Entered: 06/30/2023 06:16 PM]

4. #402023-06-08

   Filed order (RICHARD R. CLIFTON, PATRICK J. BUMATAY and M. MILLER BAKER) Appellee’s unopposed motion for an extension of time (Docket Entry No. [39]) to file a petition for panel rehearing and/or rehearing en banc is GRANTED. The petition is now due on June 30, 2023. [12731709] (OC) [Entered: 06/08/2023 11:31 AM]

5. #392023-06-07

   Filed (ECF) Appellee Malwarebytes, Inc. Motion to extend time to file petition for rehearing until 06/30/2023. Date of service: 06/07/2023. [12731080] [21-16466] (Kaba, Moez) [Entered: 06/07/2023 02:49 PM]

6. #382023-06-02

   FILED OPINION (RICHARD R. CLIFTON, PATRICK J. BUMATAY and M. MILLER BAKER) Each party is to bear its own costs. AFFIRMED in PART, REVERSED in PART, and REMANDED for further proceedings. Opinion by Judge Clifton; Concurrence by Judge Baker; Dissent by Judge Bumatay. FILED AND ENTERED JUDGMENT. [12727204] (AKM) [Entered: 06/02/2023 08:59 AM]

7. #372022-11-08

   Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/[12582887] (KAD) [Entered: 11/08/2022 02:45 PM]

8. #362022-11-08

   ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, PATRICK J. BUMATAY and M. MILLER BAKER. [12582389] (KAD) [Entered: 11/08/2022 09:13 AM]

9. #352022-09-07

   Filed (ECF) Acknowledgment of hearing notice by Attorney Moez Kaba for Appellee Malwarebytes, Inc.. Hearing in Portland on 11/08/2022 at 09:00 A.M. (Courtroom: 2nd Floor Courtroom). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/07/2022. [12535292] [21-16466] (Kaba, Moez) [Entered: 09/07/2022 03:11 PM]

10. #342022-09-07

    Filed (ECF) Acknowledgment of hearing notice by Attorney Terry Budd for Appellant Enigma Software Group USA, LLC. Hearing in Portland on 11/08/2022 at 09:00 A.M. (Courtroom: 2nd Floor Courtroom). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/07/2022. [12534511] [21-16466] (Budd, Terry) [Entered: 09/07/2022 06:11 AM]

11. #332022-08-28

    Notice of Oral Argument on Tuesday, November 8, 2022 - 09:00 A.M. - PO 2nd Floor Ctrm - Scheduled Location: Portland OR.The hearing time is the local time zone at the scheduled hearing location.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, November 8, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12527945]. [21-16466] (KS) [Entered: 08/28/2022 06:09 AM]

12. #322022-07-22

    Filed (ECF) Attorney Terry Budd for Appellant Enigma Software Group USA, LLC response to notice for case being considered for oral argument. Date of service: 07/22/2022. [12500159] [21-16466] (Budd, Terry) [Entered: 07/22/2022 01:23 PM]

13. #312022-07-22

    Filed (ECF) Attorney Moez Kaba for Appellee Malwarebytes, Inc. response to notice for case being considered for oral argument. Date of service: 07/22/2022. [12500128] [21-16466] (Kaba, Moez) [Entered: 07/22/2022 01:05 PM]

14. #302022-07-22

    This case is being considered for an upcoming oral argument calendar in PortlandPlease review the Portland sitting dates for November 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12499772]. [21-16466] (KS) [Entered: 07/22/2022 09:21 AM]

15. #292022-06-08

    Received 6 paper copies of Reply Brief [27] filed by Enigma Software Group USA, LLC. [12466430] (SD) [Entered: 06/08/2022 11:56 AM]

16. #282022-06-06

    Filed clerk order: The reply brief [27] submitted by Enigma Software Group USA, LLC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12463846] (SML) [Entered: 06/06/2022 09:16 AM]

17. #272022-06-03

    Submitted (ECF) Reply Brief for review. Submitted by Appellant Enigma Software Group USA, LLC. Date of service: 06/03/2022. [12463234] [21-16466] (Budd, Terry) [Entered: 06/03/2022 02:25 PM]

18. #262022-05-20

    Filed (ECF) Attorney Moez Kaba for Appellee Malwarebytes, Inc. response to notice for case being considered for oral argument. Date of service: 05/20/2022. [12452521] [21-16466] (Kaba, Moez) [Entered: 05/20/2022 12:13 PM]

19. #252022-05-19

    Filed (ECF) Attorney Terry Budd for Appellant Enigma Software Group USA, LLC response to notice for case being considered for oral argument. Date of service: 05/19/2022. [12451783] [21-16466] (Budd, Terry) [Entered: 05/19/2022 03:08 PM]

20. #242022-05-18

    This case is being considered for an upcoming oral argument calendar in San Francisco.Please review the San Francisco sitting dates for August 29 – September 2 & September 19 – September 23, 2022 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). [12450574] (DJH) [Entered: 05/18/2022 03:17 PM]

Docket history from CourtListener/RECAP — most recent first.