FPX, LLC v. Google, Inc. et al

Filing 77

Opposed MOTION to Certify Class by FPX, LLC. (Attachments: # 1 Affidavit of David Whittlesey, # 2 Text of Proposed Order)(Fenster, Marc)

FPX, LLC v. Google, Inc. et al

Doc. 77 Att. 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FPX, LLC, (d.b.a. FIREPOND), Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. (1) (2) (3) (4) (5) (6) GOOGLE, INC.; YOUTUBE, LLC; AOL, LLC; TURNER BROADCASTING SYSTEM, INC.; MYSPACE, INC., and IAC/INTERACTIVECORP Defendants. JURY TRIAL REQUESTED

Civil Action No. 2:09-cv-00142 CLASS ACTION COMPLAINT

ORDER GRANTING MOTION FOR CLASS CERTIFICATION The Court, having considered said motion, finds that it is well taken and should be granted. IT IS, THEREFORE, ORDERED that Plaintiff FPX, LLC's ("Plaintiff") motion to certify this case as a class action, name Plaintiff FPX, LLC as class representatives, and appoint counsel Marc Fenster of Russ, August & Kabat, David Whittlesey of Andrews Kurth LLP, Andrew W. Spangler and David M. Pridham jointly as class counsel is hereby granted. The following class is certified in the above captioned action: Any and all individuals and/or entities (excluding governmental entities, Defendants, and Defendants' parents, predecessors, subsidiaries, affiliates, and agents) domiciled within the state of Texas that own a mark that has been registered with the United States Patent

3049-002 100917 PO MT Class Certification.doc

Dockets.Justia.com

and Trademark Office ("USPTO") that has been sold by defendant Google as a keyword and/or an Adword during the period May 11, 2005 through the present.

3049-002 100917 PO MT Class Certification.doc

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