U.S. District Judge Anthony Trenga for Eastern Virginia in Alexandria set a Feb. 3 hearing on Marriott International’s motion for summary judgment against Dynasty Marketing Group, one of the defendants it alleges ran a robocalling scheme using agents impersonating Marriott telemarketers, in violation of Marriott trademarks. Trenga's text entry Wednesday in docket 1:21-cv-00610 said the hearing also will address the motion to dismiss for lack of jurisdiction filed against Marriott by another defendant, ResortCom International, which also seeks summary judgment in a separate motion against Marriott.

The 9th Circuit U.S. Court of Appeals approved Kyle Hanagami’s “streamlined request” to extend the deadline for the opening brief in his copyright appeal by 30 days to Jan. 30 (see 2212190034), said text entry Monday in docket 22-55890. The approval renders Epic Games’ answering brief due March 1, with Hanagami’s optional reply due 21 days later. Choreographer Hanagami alleges Epic stole his copyrighted dance moves for its Fortnite franchise, and he’s appealing a lower court’s Aug. 24 dismissal of his claims.

Plaintiff-appellant Kyle Hamagami filed a “streamlined” request Friday at the 9th Circuit U.S. Court of Appeals for a deadline extension to Jan. 27 to file his opening brief in his appeal of a lower court’s Aug. 24 dismissal of his copyright infringement complaint against Epic Games, said a text-only entry (docket 22-55890). His current deadline for the opening brief is Dec. 30. It’s Hanagami’s second deadline extension request since his appeal was docketed Sept. 27. Choreographer Hamagami alleges Epic stole his copyrighted dance moves for its Fortnite franchise (see 2211220005).

U.S. District Judge George Hanks for Southern Texas in Houston ordered a local seller of the Super Arab IPTV service to pay Dish Network $2.1 million in damages for infringing 14 registered, copyrighted works that Dish owns and that the defendants willfully and maliciously infringed by transmitting and providing access to. The order was handed down Nov. 28 (docket 4:20-cv-01678) and publicized Tuesday by the International Broadcaster Coalition Against Piracy (IBCAP), of which Dish is a member. The case is “yet another example of what happens when a local dealer ignores IBCAP cease and desist notices,” said Chris Kuelling, the group’s executive director, in a statement. “We will enforce this order against dealers of the Super Arab service, non-parties associated with Super Arab, and the transfer of domains critical to the operation of the service.”

U.S. District Judge Mark Scarsi for Central California in Los Angeles signed a final default judgment Friday (docket 2:21-cv-09317) awarding the major studios and Netflix $20.7 million in damages, plus $417,600 in attorneys’ fees, for PrimeWire’s willful infringement of 138 copyrighted movies and TV shows (see 2212070037). In his order, Scarsi said PrimeWire committed willful infringement, “meriting an award of enhanced damages.” PrimeWire’s conduct is “particularly egregious,” said the judge. Despite the studios’ repeated attempts to “hale” PrimeWire into court, PrimeWire either ignored their emails or “anonymously denied any wrongdoing,” he said. PrimeWire also evaded the court’s injunctions “by transferring operations to different domain names,” he said. Scarsi also said the substantial web traffic PrimeWire gained from illegally streaming the studios’ copyrighted works “likely created a heavy windfall in advertising revenue” at the studios’ expense.

Netlist seeks an order to compel Advanced Micro Devices to produce documents under subpoena that are key to its underlying patent infringement lawsuit against Samsung Electronics and Samsung Semiconductor over various memory devices, said its Dec. 6 motion to compel in U.S. District Court for Western Texas in Austin. Samsung “has repeatedly represented to Netlist” that technical information about several components “is solely within the possession of other parties, including Samsung’s suppliers and makers of servers or server components that support Samsung’s accused products,” AMD among them, it said. AMD claims it can’t comply with the subpoena because the requested documents supposedly contain confidential information of Synopsys, "which hasn't given its consent for AMD to make such production,” it said. Synopsys “has provided no justification for its unreasonable denial of consent,” it said. “AMD has indicated it will not produce the documents in the absence of a court order.”

The opening brief is due Jan. 17 in the Simply Wireless trademark appeal against T-Mobile, said a briefing order Wednesday (docket 22-2211). T-Mobile's response brief is due Feb. 15, and a Simply Wireless optional reply is due within 21 days of service of the response brief, said the order. Simply Wireless is appealing the final judgment (docket 1:21-cv-00597) of U.S. District Judge Anthony Trenga for Eastern Virginia in Alexandria that it has “no rights” to the “Simply Prepaid” trademark and that T-Mobile has “priority” over its use (see 2211250016). T-Mobile successfully argued at trial that Simply Wireless’ failure to use the Simply Prepaid mark in commerce “was continuous for at least three years” before filing its lawsuit and it therefore “abandoned” any rights it may have owned.

The 9th Circuit U.S. Court of Appeals released from its mediation program the appeal of choreographer Kyle Hanagami against Epic Games, said an order Tuesday (docket 22-55890). Hanagami asserts that Epic stole his copyrighted dance moves for its popular Fortnite games franchise and is appealing a lower court’s dismissal of his case. Hanagami’s opening brief is due Dec. 30, and Epic’s answering brief is due Jan. 30, in a schedule that was amended as the case entered the 9th Circuit’s mediation program (see 2211220005).

Defendant Dynasty Marketing Group risks an imminent default on the issue of liability in Marriott International’s trademark lawsuit to thwart robocallers from impersonating Marriott telemarketers, said a report and recommendation (docket 1:21-cv-00610) signed Tuesday by U.S. Magistrate Judge John Anderson for Eastern Virginia in Alexandria. Dynasty’s discovery responses “remain inadequate” despite at least two Marriott motions to compel, plus the defendant failed to produce a witness for deposition and still remains without counsel weeks after its previous attorney withdrew from the case, said Anderson.

The U.S. Appeals Court for the Federal Circuit should disregard Jawbone Innovations’ citation to supplemental authority in a 5th Circuit U.S. Court of Appeals denial of mandamus relief to petitioners who wanted their case transferred from the U.S. District Court for Northern Texas to the adjacent district in Western Texas (see 2212020055), said Google’s response Monday (docket 23-101). Jawbone argued the 5th Circuit opinion was relevant to its opposition to Google’s mandamus petition to vacate the Western Texas denial of its motion to transfer Jawbone’s patent infringement lawsuit to Northern California. But the 5th Circuit opinion is “inapposite,” or out of place, said Google. “None of the factual findings” in the 5th Circuit’s opinion is “present here or analogous to this case,” it said.