Date: 09-02-2017

Case Style:

Case Number: 3:13-cv-04987-M

Judge: Barbara M.G. Lynn

Court: United States District Court for the Northern District of Texas (Dallas County)

Plaintiff's Attorney: Wallace Dunwoody, Elizabeth Siebman Forrest, Shain A Khoshbin, Jacob Lawrence LaCombe, Jordan Christine Strauss, Michael C Wilson

Defendant's Attorney: Tom Wright, Matthew J Brigham, Dena Chen, Stephen P McBride, Erik Benton Milch, Phillip E Morton, Lisa Schwier, Clyde Moody Siebman, Stephen R Smith, Rose Whelan, Alex Joseph Whitman

Description: Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.

Recent docket entries:

Date Filed # Docket Text

07/05/2017 246 (Document Restricted) Sealed Reply re: 212 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/05/2017)

07/10/2017 247 MOTION to Strike iLife's Untimely New Expert Opinions; Expedited Briefing Requested by Separate Motion filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 248 (Document Restricted) Sealed Brief/Memorandum in Support re: 247 Motion to Strike (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Attachments: # 1 Proposed Order) (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 249 (Document Restricted) Sealed Appendix in Support re: 248 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 250 MOTION to Expedite Briefing on Nintendo's Motion to Strike iLife's Untimely Expert Reports filed by Nintendo of America Inc (Attachments: # 1 Proposed Order) (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 251 (Document Restricted) Sealed Reply re: 223 Motion for Summary Judgment (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 252 (Document Restricted) Sealed Appendix in Support re: 251 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 253 (Document Restricted) Sealed Reply re: 222 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/10/2017)

07/10/2017 254 (Document Restricted) Sealed Appendix in Support re: 253 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/10/2017)

07/10/2017 255 (Document Restricted) Sealed Reply re: 220 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 256 (Document Restricted) Sealed Appendix in Support re: 255 Sealed and/or Ex Parte Reply/Sur-reply (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/10/2017)

07/10/2017 257 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT NOTICE OF DOCKETING: A petition for writ of mandamus has been filed. 17-127 - In re: Nintendo of America Inc. (svc) (Entered: 07/11/2017)

07/11/2017 258 United States Court of Appeals for the Federal Circuit ORDER filed. iLife Technologies, Inc. is directed to respond to the motion for emergency stay pending appeal 3 and the Petition for Writ of Mandamus 2 within 7 days from the date of filing of this order. Any reply must be received within three days from the date of filing of the response. (svc) (Entered: 07/11/2017)

07/11/2017 259 NOTICE of Petition for Writ of Mandamus and Emergency Motion for Stay Under Rule 8 filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/11/2017)

07/12/2017 260 United States Court of Appeals for the Federal Circuit Order granting motion to extend time to file a response/reply 14 filed by Respondent iLife Technologies, Inc.; iLife Technologies, Inc.'s response to the motion for emergency stay pending appeal 3 & Petition for Writ of Mandamus 2 is due July 21, 2017. Nintendo's reply is due July 25, 2017. (svc) (Entered: 07/12/2017)

07/13/2017 261 Rule 26(a)(3) Pretrial Disclosures filed by iLife Technologies Inc. (Attachments: # 1 Exhibit(s) A-Witness List, # 2 Exhibit(s) C-Deposition Designations) (Wilson, Michael) (Entered: 07/13/2017)

07/13/2017 262 (Document Restricted) Sealed Exhibit B-Exhibit List to Rule 26(a)(3) Pretrial Disclosures (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/13/2017)

07/13/2017 263 Witness List by Nintendo of America Inc. (Smith, Stephen) (Entered: 07/13/2017)

07/13/2017 264 Designation of Deposition by Nintendo of America Inc. (Smith, Stephen) (Entered: 07/13/2017)

07/13/2017 265 (Document Restricted) Nintendo's Trial Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/13/2017)

07/13/2017 266 ORDER: Before the Court is the Unopposed Motion for Expedited Briefing [ECF No. 250 ]. The Motion is GRANTED. The responsive brief to Nintendo of America Inc.'s Motion to Strike iLife's Untimely New Expert Reports is due 7/24/2017, and the reply brief is due 7/31/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 7/13/2017) (sss) (Entered: 07/14/2017)

07/19/2017 267 MOTION to Strike 252 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support Plaintiff's Motion to Strike New Evidence filed by iLife Technologies Inc (Attachments: # 1 Proposed Order) (Wilson, Michael) (Entered: 07/19/2017)

07/20/2017 268 Nintendo's Counter-Deposition Designations and Objections to iLife's Deposition Designations Pretrial Disclosures filed by Nintendo of America Inc. (Smith, Stephen) (Entered: 07/20/2017)

07/20/2017 269 (Document Restricted) Nintendo's Objections to iLife's Trial Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/20/2017)

07/20/2017 270 (Document Restricted) iLife's Objections to Nintendo's Rule 26(a)(3) Pretrial Disclosures (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Wilson, Michael) (Entered: 07/20/2017)

07/21/2017 271 NOTICE of Nintendo's Notice Pursuant to 35 U.S.C. § 282 filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/21/2017)

07/23/2017 272 ORDER: In the Court's 10/6/2016, 126 Scheduling Order, the deadline to file Motions in Limine is 7/27/2017. The deadline to file any responses to Motions in Limine is 8/7/2017. (Ordered by Chief Judge Barbara M.G. Lynn on 7/23/2017) (epm) (Entered: 07/24/2017)

07/24/2017 273 (Document Restricted) Sealed Response and Objection re: 247 Motion to Strike (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/24/2017)

07/24/2017 274 (Document Restricted) Sealed Appendix in Support re: 273 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/24/2017)

07/26/2017 275 United States Court of Appeals for the Federal Circuit ORDER filed denying 3 motion for emergency stay pending appeal filed by Nintendo of America Inc.; denying 2 motion Petition for Writ of Mandamus filed by Nintendo of America Inc. (Per Curiam). (svc) (Entered: 07/26/2017)

07/27/2017 276 (Document Restricted) iLife's Proposed Findings of Fact and Conclusions of Law (Sealed pursuant
to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 07/27/2017)

07/27/2017 277 MOTION in Limine filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/27/2017)

07/27/2017 278 Joint STATUS REPORT Regarding Status of Settlement Discussions filed by iLife Technologies Inc. (Wilson, Michael) (Entered: 07/27/2017)

07/27/2017 279 (Document Restricted) DEFENDANT NINTENDO OF AMERICA INC.'S BRIEF IN SUPPORT OF ITS MOTIONS IN LIMINE (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Attachments: # 1 Proposed Order) (Smith, Stephen) Modified on 7/28/2017 (epm). (Entered: 07/27/2017)

07/27/2017 280 (Document Restricted) Sealed Appendix in Support re: 279 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/27/2017)

07/27/2017 281 Proposed Voir Dire by iLife Technologies Inc, Nintendo of America Inc. (Wilson, Michael) Modified filer on 7/28/2017 (awc). (Entered: 07/27/2017)

07/27/2017 282 Proposed Pretrial Order Joint by iLife Technologies Inc, Nintendo of America Inc. (Wilson, Michael) Modified filer on 7/28/2017 (awc). (Entered: 07/27/2017)

07/27/2017 283 OBJECTION filed by iLife Technologies Inc re: 271 Notice (Other) (Attachments: # 1 Exhibit(s) A) (Wilson, Michael) (Entered: 07/27/2017)

07/27/2017 284 (Document Restricted) ILIFES MOTIONS IN LIMINE (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Attachments: # 1 Proposed Order) (Wilson, Michael) (Entered: 07/27/2017)

07/27/2017 285 Proposed Jury Instructions filed by iLife Technologies Inc, Nintendo of America Inc. (Wilson, Michael) Modified filer on 7/28/2017 (awc). (Entered: 07/27/2017)

07/27/2017 286 NOTICE of Nintendo re: Proposed Findings of Facts and Conclusions of Law filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/27/2017)

07/28/2017 287 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Erik Milch (Filing fee $25; Receipt number 0539-8566643) filed by Nintendo of America Inc (Attachments: # 1 Proposed Order) (Wright, Thomas) (Entered: 07/28/2017)

07/31/2017 288 (Document Restricted) Motion to Birfurcate Counterclaim of Inequitable Conduct (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Attachments: # 1 Proposed Order) (Wilson, Michael) (Entered: 07/31/2017)

07/31/2017 289 Unopposed MOTION to Expedite Briefing Schedule filed by iLife Technologies Inc (Attachments: # 1 Proposed Order) (Wilson, Michael) (Entered: 07/31/2017)

07/31/2017 290 (Document Restricted) Sealed Response re: 267 Motion to Strike (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/31/2017)

07/31/2017 291 (Document Restricted) Sealed Reply re: 247 Motion to Strike (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 07/31/2017)

08/04/2017 292 ELECTRONIC ORDER granting 287 Application for Admission Pro Hac Vice of Erik B. Milch. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 8/4/2017) (lag/chmb) (Entered: 08/04/2017)
08/04/2017 Hearing/Deadline Modification: Deadlines/hearings terminated. (lag/chmb) (Entered: 08/04/2017)

08/04/2017 293 (Document Restricted) Nintendo's Objections to iLife's Trial Witness List (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4) (Smith, Stephen) (Entered: 08/04/2017)

08/07/2017 294 (Document Restricted) Exhibit B- Amended Exhibit List to Rule 26(a)(3) Pretrial Disclosures (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/07/2017)

08/07/2017 295 (Document Restricted) Sealed Response re: 279 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/07/2017)

08/07/2017 296 (Document Restricted) Sealed Appendix in Support re: 295 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/07/2017)

08/07/2017 297 (Document Restricted) Sealed Response re: 284 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/07/2017)

08/07/2017 298 (Document Restricted) Sealed Appendix in Support re: 297 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/07/2017)

08/09/2017 299 (Document Restricted) Sealed Response re: 288 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/09/2017)

08/09/2017 300 (Document Restricted) Sealed ORDER denying 219 Motion to Strike Expert Testimony of Bratic and Davenport Regarding Damages; denying 222 iLife's Motion to Strike; granting in part and denying in part 247 Motion to Strike iLife's Untimely New Expert Opinions. (Ordered by Chief Judge Barbara M.G. Lynn on 8/9/2017) (aaa) (Entered: 08/10/2017)

08/10/2017 301 (Document Restricted) Sealed Reply re: 267 Motion to Strike (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/10/2017)

08/10/2017 302 (Document Restricted) Sealed MEMORANDUM OPINION AND ORDER: iLife's 212 Second Motion for Partial Summary Judgment is GRANTED IN PART. Nintendo's 223 Motion for Partial Summary Judgment is DENIED IN PART. The Court CARRIES Nintendo's and iLife's Motions for Summary Judgment on invalidity under § 101, and Nintendo's Motion for Summary Judgment on invalidity for indefiniteness under § 112(b). iLife's 267 Motion to Strike is GRANTED IN PART and DENIED IN PART. iLife's 288 Motion to Bifurcate Claims and 289 Unopposed Motion to Expedite Briefing are DENIED AS MOOT. (Ordered by Chief Judge Barbara M.G. Lynn on 8/10/2017) (rekc) (Entered: 08/11/2017)

08/11/2017 303 NOTICE of Attorney Appearance by Elizabeth Forrest on behalf of Nintendo of America Inc. (Filer confirms contact info in ECF is current.) (Forrest, Elizabeth) (Entered: 08/11/2017)

08/11/2017 304 (Document Restricted) Plaintiff's Emergency Motion for Clarification of Order (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/11/2017)

08/11/2017 305 ***PLEASE DISREGARD*** Incorrect document filed. Please see doc 106 for corrected image. (Document Restricted) Sealed Appendix in Support re: 304 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Attachments: # 1 Exhibit(s)) (Wilson, Michael) Modified on 8/13/2017 (ali).
(Entered: 08/11/2017)

08/11/2017 306 (Document Restricted) Sealed Appendix in Support re: 304 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Attachments: # 1 Exhibit(s)) (Wilson, Michael) (Entered: 08/11/2017)

08/12/2017 307 ***DISREGARD - CORRECTED FILING AT DOCKET 308 *** (Document Restricted) iLife's Second Amended Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) Modified on 8/14/2017 (cea). (Entered: 08/12/2017)

08/13/2017 308 (Document Restricted) iLife's Second Amended Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/13/2017)

08/13/2017 309 (Document Restricted) iLife's Amended Objections to Nintendo's Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/13/2017)

08/14/2017 310 (Document Restricted) Sealed Response re: 304 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/14/2017)

08/14/2017 311 (Document Restricted) Sealed Supplemental Response re: 304 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) Modified title on 8/15/2017 (awc).
(Entered: 08/14/2017)

08/14/2017 312 (Document Restricted) Sealed Appendix in Support re: 311 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/14/2017)

08/14/2017 313 JOINT PRETRIAL ORDER (Ordered by Chief Judge Barbara M.G. Lynn on 8/14/2017) (epm) (Entered: 08/15/2017)

08/14/2017 315 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Pretrial Conference held on 8/14/2017. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 3:35. (lag/chmb) (Entered: 08/18/2017)

08/15/2017 314 (Document Restricted) Order: See document for Clarification of 8/9/2017 Order. (Ordered by Chief Judge Barbara M.G. Lynn on 8/15/2017) (epm) (Entered: 08/15/2017)

08/16/2017 316 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Jury Selection held on 8/16/2017. Parties review questionnaires. Court and the parties conduct voir dire. Preemptive strikes made. 8 jurors selected, seated, and sworn. Jurors to return Monday, August 21, 2017, for Day 1 of trial. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 5:15. (lag/chmb) (Entered: 08/18/2017)

08/18/2017 317 NOTICE of Final Claim Election filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/18/2017)

08/19/2017 318 NOTICE of Joint Statement Regarding Proposed Limiting Instructions filed by iLife Technologies Inc, Nintendo of America Inc (Wilson, Michael) Modified filer on 8/21/2017 (awc). (Entered: 08/19/2017)

08/20/2017 319 (Document Restricted) Nintendo's Amended Trial Exhibit List (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/20/2017)

08/20/2017 320 (Document Restricted) Joint Stipulation of Pre-Admitted Exhibits (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc, Nintendo of America Inc (Wilson, Michael) Modified filer on 8/21/2017 (awc). (Entered: 08/20/2017)

08/20/2017 321 (Document Restricted) Second Joint Stipulation of Pre-Admitted Exhibits (Sealed pursuant to order dated 7/23/2014) filed by iLife Technologies Inc, Nintendo of America Inc (Wilson, Michael) Modified filer on 8/21/2017 (awc). (Entered: 08/20/2017)

08/20/2017 322 MOTION to Strike iLife Presenting Unproduced Videos filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/20/2017)

08/21/2017 323 RESPONSE filed by iLife Technologies Inc re: 322 MOTION to Strike iLife Presenting Unproduced Videos (Wilson, Michael) (Entered: 08/21/2017)

08/21/2017 324 (Document Restricted) Jury Roll. (This document is for district court access only and will not be included in any ROA that may later be prepared.). (aaa) (Entered: 08/21/2017)

08/21/2017 326 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 1 of Jury Trial Begun on 8/21/2017. The parties made opening statements, and Plaintiff presented evidence and testimony. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (Exhibits admitted) Time in Court - 6:40. (lag/chmb) (Entered: 08/22/2017)

08/22/2017 325 NOTICE of Additional Proposed Limiting Instructions filed by iLife Technologies Inc (Wilson, Michael) (Entered: 08/22/2017)

08/22/2017 331 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 2 of Jury Trial Held on 8/22/2017. Testimony continues. Trial adjourned until 8:15 a.m., Monday, August 28, 2017. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (Exhibits admitted) Time in Court - 7:00. (lag/chmb) (Entered: 08/28/2017)

08/23/2017 327 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Phillip E. Morton (Filing fee $25; Receipt number 0539-8620376) filed by Nintendo of America Inc (Attachments: # 1 Proposed Order) (Wright, Thomas) (Entered: 08/23/2017)

08/24/2017 328 ELECTRONIC ORDER granting 327 Application for Admission Pro Hac Vice of Phillip E. Morton. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Chief Judge Barbara M.G. Lynn on 8/24/2017) (lag/chmb) Modified on 8/24/2017 (chmb). Modified on 8/24/2017 (chmb). (Entered: 08/24/2017)

08/24/2017 329 Proposed Jury Instructions filed by Nintendo of America Inc. (Smith, Stephen) (Entered: 08/24/2017)

08/27/2017 330 NOTICE of Nintendo's Request to Read Stipulated Facts and Requests for Admission to the Jury filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/27/2017)

08/28/2017 332 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 3 of Jury Trial Held on 8/28/2017. Plaintiff rests its case. The Defendant made Rule 50 motions, which were denied without prejudice. Defendant began presenting evidence. Trial adjourned until Tuesday, August 29, 2017, at 8:30 a.m. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (Exhibits admitted) Time in Court - 7:00. (lag/chmb) Modified on 8/31/2017 (chmb). (Entered: 08/28/2017)

08/28/2017 333 (Document Restricted) Defendant NOA Rule 50(a) Motion for Judgment as Matter of Law (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/28/2017)

08/29/2017 334 TRIAL BRIEF in Response to Court's Question Regarding Jury Verdict by Nintendo of America Inc. (Smith, Stephen) (Entered: 08/29/2017)

08/29/2017 335 (Document Restricted) Nintendo Second Rule 50(a) Motion for Judgment as Matter Law (Sealed pursuant to order dated 7/23/2014) filed by Nintendo of America Inc (Smith, Stephen) (Entered: 08/29/2017)

08/29/2017 337 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 4 of Jury Trial Held on 8/29/2017. Defendant rests its case. Plaintiff present their rebuttal case. Adjourned until Wednesday, August 30, 2017, at 8:20 a.m. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (Exhibits admitted) Time in Court - 7:30. (lag/chmb) Modified on 8/31/2017 (chmb). (Entered: 08/31/2017)

08/30/2017 336 TRIAL BRIEF iLife's Response on Nintendo's New "Transmits" Argument by iLife Technologies Inc. (Wilson, Michael) (Entered: 08/30/2017)

08/30/2017 338 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 5 of Jury Trial Held on 8/30/2017. The Court reads the charge to the Jury. The parties presented closing arguments. The jury retired to deliberate. Adjourned until Thursday, August 31, 2017, at 8:30 a.m. Attorney Appearances: Plaintiff - Amar Raval, Michael Lyons, Whitney Warren; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 4:00. (lag/chmb) Modified on 8/31/2017 (chmb). (Entered: 08/31/2017)

08/30/2017 340 Court's Charge to the Jury (svc) (Entered: 08/31/2017)

08/31/2017 339 ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M.G. Lynn: Day# 6 of Jury Trial Completed on 8/31/2017. The jury delivered its verdict. The Court polled the jurors and then released them. The Court instructed the parties that it would be sending them to mediation, and that the defendant should submit a motion outlining proposed pre-trial motions within two weeks. Attorney Appearances: Plaintiff - Michael C. Wilson, Shain Khoshbin, S. Wallace Dunwoody, Jordan Strauss, Aaron Dilbeck; Defense - Stephen Smith, Clyde Siebman, Matt Brigham, Dena Chen, Erik Milch, Elizabeth Forrest, Lisa Schwier, Steve McBride, Tom Wright, Kristopher Kiel. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 0:10. (lag/chmb) (Entered: 08/31/2017)

08/31/2017 341 ORDER: The Clerk of Court is directed to redact the foreperson's last name at the bottom of the verdict form before filing. (Ordered by Chief Judge Barbara M.G. Lynn on 8/31/2017) (svc) (Entered: 08/31/2017)

08/31/2017 342 JURY VERDICT. (svc) (Entered: 08/31/2017)

08/31/2017 343 ORDER TO SEAL: It is hereby ORDERED that the civil jury questionnaires completed in this case prior to Voir Dire on August 16, 2017, shall be and remain sealed until further Order of this Court and shall not be opened except upon Order of this or a superior Court. (Ordered by Chief Judge Barbara M.G. Lynn on 8/31/2017) (svc) (Entered: 08/31/2017)

Outcome: Plaintiff's verdict for $10.1 million with a finding that iLife never sold a single unit using the patent.

Plaintiff's Experts:

Defendant's Experts:

Comments: