Perfect 10, Inc. v. Visa International Service Association et al

Filing 53

Perfect 10, Inc. v. Visa International Service Association et al

Doc. 53

Case 5:04-cv-00371-JW

Document 53

Filed 12/15/2004

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TOWNSEND AND TOWNSEND AND CREW LLP DANIEL J. FURNISS (State Bar No. 73531) MARK T. JANSEN (State Bar No. 114896) JOHN C. BAUM (State Bar No. 167570) ANTHONY J. MALUTTA (State Bar No. 193587) Two Embarcadero Center, Eighth Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant VISA INTERNATIONAL SERVICE ASSOCIATION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PERFECT 10, INC., a California corporation, Plaintiff, v. VISA INTERNATIONAL SERVICE ASSOCIATION; FIRST DATA CORP, a corporation; CARDSERVICE INTERNATIONAL, INC., a corporation; MASTERCARD INTERNATIONAL INCORPORATED, a corporation; HUMBOLDT BANK, a national banking association; and DOES 1 through 100, inclusive, Defendants. Case No. CV 04 00371 JW (PVT)

DEFENDANT VISA INTERNATIONAL SERVICE ASSOCIATION'S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS Date: January 31, 2005 Time: 9:00 a.m. The Hon. James Ware Courtroom 8, 4th Floor

DEFENDANT VISA'S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS CASE NO. CV 04 00371 JW (PVT)

Dockets.Justia.com

Case 5:04-cv-00371-JW

Document 53

Filed 12/15/2004

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TO PLAINTIFF AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on January 31, 2004, or as soon thereafter as may be heard in the above-entitled court, located at 280 South 1st Street, San Jose, California, 95113, Defendant Visa International Service Association ("Visa") will and hereby does move the court for an award of all of its attorneys' fees and costs, because Visa, as a prevailing defendant, is entitled to its attorneys' fees and costs under the Copyright Act and the Lanham Act, and all of Plaintiff's claims are related and intertwined. The motion will be based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed herewith, the Declaration of Mark T. Jansen, the pleadings and papers filed herein, and any argument of counsel.

DATED: December 15, 2004

Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP By: /s/ DANIEL J. FURNISS MARK T. JANSEN JOHN C. BAUM ANTHONY J. MALUTTA Attorneys for Defendant VISA INTERNATIONAL SERVICE ASSOCIATION

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DEFENDANT VISA'S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS CASE NO. CV 04 00371 JW (PVT)

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Case 5:04-cv-00371-JW

Document 53

Filed 12/15/2004

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PROOF OF SERVICE CASE NO. CV 04 00371 JW (PVT)

PROOF OF SERVICE I, Linda M. Tan, declare: I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. On December 15, 2004, I served the following documents exactly entitled: DEFENDANT VISA INTERNATIONAL SERVICE ASSOCIATION'S NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS on the interested parties in this action by: Howard E. King Stephen D. Rothschild KING, HOLMES, PATERNO & BERLINER LLP 1900 Avenue of the Stars, 25th Floor Los Angeles, CA 90067 [phone] (tel); [phone] (fax) email: [e-mail] Andrew P. Bridges, Esq. WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111 [phone] (tel); [phone] (fax) email: [e-mail] Jeffrey N. Mausner John R. Yates BERMAN, MAUSNER & RESSER 11601 Wilshire Boulevard, Suite 600 Los Angeles, CA 90025-1742 [phone] (tel); [phone] (fax) email: [e-mail] Michael H. Page, Esq. R. James Slaughter, Esq. KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111-1704 [phone] (tel); [phone] (fax) email [e-mail]; [e-mail]

E-FILING AND/OR E-MAILING DOCUMENT [] ELECTRONIC TRANSMISSION: I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above. The transmitting terminal address [e-mail]. ONLY E-FILING DOCUMENT [x] ELECTRONIC TRANSMISSION: I declare that a copy of said document(s) was filed electronically on December 15, 2004. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on December 15, 2004, at San Francisco, California. /s/ Linda M. Tan
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