Canva US Inc v. Accessify LLC et al
| Washington Western District Court | |
| Judge: | James L Robart |
| Case #: | 2:23-cv-01945 |
| Nature of Suit | 830 Property Rights - Patent |
| Cause | 28:2201 Declaratory Judgment |
| Case Filed: | Dec 18, 2023 |
| Terminated: | Nov 08, 2024 |
| Last checked: Saturday Jun 15, 2024 3:45 AM PDT |
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Defendant
Accessify LLC
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Represented By
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Defendant
Ascend IP LLC
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Represented By
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Plaintiff
Canva US Inc
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM PDT |
| Friday, November 08, 2024 | ||
| 45 | 45
utility
Report Regarding Patent/Trademark/Copyright
Fri 11/08 1:21 PM
REPORT on the filing or determination of an action. Emailed to the US Patent Office. (MJV) |
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| 44 | 44
4
pgs
order
Order Dismissing Case
Fri 11/08 1:14 PM
ORDER OF DISMISSAL: All claims asserted by Plaintiff Canva US, Inc. against Defendants Accessify, LLC and Ascend IP, LLC are dismissed with prejudice and without fees or costs to any party. Signed by Judge James L. Robart. (MJV) |
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| 43 | 43
misc
Stipulation
Fri 11/08 11:43 AM
STIPULATION AND PROPOSED ORDER of Dismissal with Prejudice by parties (Ewart, Michael) |
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| Tuesday, April 09, 2024 | ||
| 42 | 42
order
2 - Minute Order ~Util - Terminate Motions ~Util - Set/Clear Flags
Tue 04/09 10:58 AM
MINUTE ORDER: The court STAYS this matter. The court ORDERS the parties to file a joint statement within five business days of the Western District of Texas's disposition of Canva Australia's motion to dismiss. The court DIRECTS the Clerk to terminate the pending motion at Docket No.20 . Authorized by Judge James L. Robart. (SS) |
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| Monday, April 08, 2024 | ||
| 41 | 41
misc
Response to Order to Show Cause
Mon 04/08 4:05 PM
RESPONSE TO ORDER TO SHOW CAUSE by All Defendants re:39 Order to Show Cause, (Mann, Philip) |
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| 40 | 40
misc
Response to Order to Show Cause
Mon 04/08 3:44 PM
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Canva US Inc re:39 Order to Show Cause, (Ewart, Michael) |
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| Wednesday, April 03, 2024 | ||
| 39 | 39
3
pgs
order
Order to Show Cause
Wed 04/03 9:14 AM
ORDER TO SHOW CAUSE: The court therefore ORDERS the parties to show cause why this matter should not be stayed pending the Western District of Texas's disposition of Canva Pty Ltd's motion to dismiss. Canva US and Defendants shall each file a response by no later than 4/8/2024. Failure to respond to this order will be construed as a consent to a stay. Signed by Judge James L. Robart. (SS) |
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| Friday, March 29, 2024 | ||
| 38 | 38
respm
Response to Motion
Fri 03/29 2:53 PM
RESPONSE, by Defendants Accessify LLC, Ascend IP LLC, to20 MOTION to Dismiss for Failure to State a Claim . Oral Argument Requested.(Mann, Philip) |
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Att: 1
Exhibit Declaration of C. Matthew Rozier
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| Friday, March 22, 2024 | ||
| 37 | 37
misc
Brief
Fri 03/22 5:05 PM
SUPPLEMENTAL BRIEF re20 MOTION to Dismiss for Failure to State a Claim In Opposition to Defendants' Motion to Dismiss by Plaintiff Canva US Inc (Ewart, Michael) |
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| Friday, March 15, 2024 | ||
| 36 | 36
misc
Joint Status Report
Fri 03/15 3:08 PM
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1-2 weeks. Filed by Plaintiff Canva US Inc.(Ewart, Michael) |
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| Thursday, March 14, 2024 | ||
| 35 | 35
order
2 - Minute Order ~Util - Set/Reset Motion Noting Date ~Util - Set Motion and R&R Deadlines/Hearings
Thu 03/14 11:26 AM
MINUTE ORDER re Defendants'20 MOTION to Dismiss for Failure to State a Claim. The Court ORDERS Canva US to file a supplemental brief responding to Defendants' arguments about Canva US's status as a party to the Texas litigation. Canva US shall file its brief no later than 3/22/2024. Defendants are permitted to file an optional supplemental brief in response by no later than 3/29/2024. The Court further DIRECTS the Clerk to re-note Defendants' motion to dismiss (Dkt. #20 ) for 3/29/2024. Authorized by Judge James L. Robart. (SS) |
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| Wednesday, March 13, 2024 | ||
| 34 | 34
respm
Surreply
Wed 03/13 12:14 PM
SURREPLY filed by Plaintiff Canva US Inc re20 MOTION to Dismiss for Failure to State a Claim (to strike material from Defendants' Reply) (Ewart, Michael) |
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| Tuesday, March 12, 2024 | ||
| 33 | 33
notice
Notice-Other
Tue 03/12 3:55 PM
NOTICE of Intent to File Surreply ; filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| Friday, March 08, 2024 | ||
| 32 | 32
respm
Reply to Response to Motion
Fri 03/08 3:42 PM
REPLY, filed by All Defendants, TO RESPONSE to20 MOTION to Dismiss for Failure to State a Claim (Mann, Philip) |
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| Thursday, March 07, 2024 | ||
| 31 | 31
respm
Declaration
Thu 03/07 8:46 AM
Supplemental DECLARATION of Sandra Parker filed by Plaintiff Canva US Inc re20 MOTION to Dismiss for Failure to State a Claim(Ewart, Michael) |
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Att: 1
Certificate of Service
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| Monday, March 04, 2024 | ||
| 30 | 30
respm
Declaration
Mon 03/04 5:37 PM
DECLARATION of Ian Lee filed by Plaintiff Canva US Inc re20 MOTION to Dismiss for Failure to State a Claim (Ewart, Michael) |
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| 29 | 29
respm
Declaration
Mon 03/04 5:32 PM
DECLARATION of Sandra Parker filed by Plaintiff Canva US Inc re20 MOTION to Dismiss for Failure to State a Claim (Ewart, Michael) |
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| 28 | 28
respm
Declaration
Mon 03/04 5:30 PM
DECLARATION of Alexander S. Krois filed by Plaintiff Canva US Inc re20 MOTION to Dismiss for Failure to State a Claim(Ewart, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| 27 | 27
respm
Response to Motion
Mon 03/04 5:22 PM
RESPONSE, by Plaintiff Canva US Inc, to20 MOTION to Dismiss for Failure to State a Claim . Oral Argument Requested.(Ewart, Michael) |
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Att: 1
Proposed Order
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| Wednesday, February 14, 2024 | ||
| 26 | 26
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 02/14 11:24 AM
ORDER re23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Alexander Samuel Krois for PLAINTIFF Canva US Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) |
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| 25 | 25
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 02/14 11:20 AM
ORDER re24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marc David Peters for PLAINTIFF Canva US Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) |
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| Tuesday, February 13, 2024 | ||
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utility
Notice to PHV and Local Counsel Unable to Process Application
Tue 02/13 12:08 PM
Application for Leave to Appear Pro Hac Vice23 by attorney Alexander Samuel Krois will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or[LINK:WAWD_Admissions@wawd.uscourts.gov] with additional questions. (MG) |
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utility
Notice to PHV and Local Counsel Unable to Process Application
Tue 02/13 12:11 PM
Application for Leave to Appear Pro Hac Vice24 by attorney Marc David Peters will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or[LINK:WAWD_Admissions@wawd.uscourts.gov] with additional questions. (MG) |
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| Monday, February 12, 2024 | ||
| 24 | 24
misc
Application for Leave to Appear Pro Hac Vice
Mon 02/12 3:27 PM
APPLICATION OF ATTORNEY Marc David Peters FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Canva US Inc (Fee Paid) Receipt No. AWAWDC-8348820 (Ewart, Michael) |
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| 23 | 23
misc
Application for Leave to Appear Pro Hac Vice
Mon 02/12 3:21 PM
APPLICATION OF ATTORNEY Alexander Samuel Krois FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Canva US Inc (Fee Paid) Receipt No. AWAWDC-8348785 (Ewart, Michael) |
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| 22 | 22
order
Order on Application for Leave to Appear Pro Hac Vice
Mon 02/12 1:33 PM
ORDER re19 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney C Matthew Rozier for DEFENDANTS Accessify LLC and Ascend IP LLC, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) |
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| 21 | 21
order
Order on Application for Leave to Appear Pro Hac Vice
Mon 02/12 1:20 PM
ORDER re18 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James F McDonough, III for DEFENDANTS Accessify LLC and Ascend IP LLC, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG) |
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| Friday, February 09, 2024 | ||
| 20 | 20
motion
Dismiss for Failure to State a Claim
Fri 02/09 4:21 PM
MOTION to Dismiss for Failure to State a Claim , filed by All Defendants. Oral Argument Requested. Noting Date 3/8/2024, (Mann, Philip) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Proposed Order
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| 19 | 19
misc
Application for Leave to Appear Pro Hac Vice
Fri 02/09 11:26 AM
APPLICATION OF ATTORNEY C. Matthew Rozier FOR LEAVE TO APPEAR PRO HAC VICE for All Defendants (Fee Paid) Receipt No. AWAWDC-8346077 (Mann, Philip) |
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| 18 | 18
misc
Application for Leave to Appear Pro Hac Vice
Fri 02/09 11:24 AM
APPLICATION OF ATTORNEY James F. McDonough, III FOR LEAVE TO APPEAR PRO HAC VICE for All Defendants (Fee Paid) Receipt No. AWAWDC-8346059 (Mann, Philip) |
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| 17 | 17
order
Joint Status Report Order Form for District Judges
Fri 02/09 9:19 AM
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 3/15/2024, FRCP 26(f) Conference Deadline is 2/23/2024, Initial Disclosure Deadline is 3/8/2024. (AD) |
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| Wednesday, January 10, 2024 | ||
| 16 | 16
2
pgs
order
Order on Stipulated Motion ~Util - Set/Reset Deadlines/Hearings
Wed 01/10 3:22 PM
ORDER granting Parties'15 Stipulated MOTION to Extend Time to Respond to Complaint . The deadline for Defendants to answer or otherwise respond to the Complaint shall be extended to 2/9/2024. Signed by Judge James L. Robart. (SS) |
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| 15 | 15
motion
Stipulated Motion
Wed 01/10 12:42 PM
Stipulated MOTION to Extend Time to Respond to Complaint , filed by All Defendants. Noting Date 1/10/2024, (Mann, Philip) |
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Att: 1
Proposed Order
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| 14 | 14
notice
Notice of Appearance
Wed 01/10 12:40 PM
NOTICE of Appearance by attorney Philip P Mann on behalf of Defendants Accessify LLC, Ascend IP LLC. (Mann, Philip) |
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| 13 | 13
service
Affidavit of Service of Summons & Complaint
Wed 01/10 11:22 AM
AFFIDAVIT of Service of Summons and Complaint on Ascend IP LLC on 12/22/2023, filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| 12 | 12
service
Affidavit of Service of Summons & Complaint
Wed 01/10 11:19 AM
AFFIDAVIT of Service of Summons and Complaint on Accessify LLC on 12/22/2023, filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| Friday, December 22, 2023 | ||
| 11 | 11
service
Affidavit of Service of Summons & Complaint
Fri 12/22 1:58 PM
AFFIDAVIT of Service of Summons and Complaint on Ascend IP LLC on 12/20/2023, filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| 10 | 10
service
Affidavit of Service of Summons & Complaint
Fri 12/22 1:55 PM
AFFIDAVIT of Service of Summons and Complaint on Accessify LLC on 12/20/2023, filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| Wednesday, December 20, 2023 | ||
| 9 | 9
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 12/20 1:59 PM
ORDER re4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jacob Zweig for Plaintiff Canva US Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (CDA) |
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| 8 | 8
order
Order on Application for Leave to Appear Pro Hac Vice
Wed 12/20 1:55 PM
ORDER re5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jennifer Seraphine for Plaintiff Canva US Inc, by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (CDA) |
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| 7 | 7
service
Summons Issued
Wed 12/20 11:07 AM
Summons(es) Electronically Issued as to defendant(s) Accessify LLC, Ascend IP LLC (CR) |
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Att: 1
Summons
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| 6 | 6
utility
Report Regarding Patent/Trademark/Copyright
Wed 12/20 11:05 AM
REPORT on the filing or determination of an action. Emailed to the US Patent Office (CR) |
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utility
Add and Terminate Judges
Wed 12/20 11:01 AM
Judge James L. Robart added. (CR) |
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| Tuesday, December 19, 2023 | ||
| 5 | 5
misc
Application for Leave to Appear Pro Hac Vice
Tue 12/19 3:57 PM
APPLICATION OF ATTORNEY Jennifer Seraphine FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Canva US Inc (Fee Paid) Receipt No. AWAWDC-8285903 (Ewart, Michael) |
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| 4 | 4
misc
Application for Leave to Appear Pro Hac Vice
Tue 12/19 3:52 PM
APPLICATION OF ATTORNEY Jacob Zweig FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Canva US Inc (Fee Paid) Receipt No. AWAWDC-8285783 (Ewart, Michael) |
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| Monday, December 18, 2023 | ||
| 3 | 3
notice
Notice of Pendency of Other Action
Mon 12/18 11:16 PM
NOTICE of Pendency of Other Action in United States District Court for the Western District of Texas, case number(s) in other court 23-cv-01289; filed by Plaintiff Canva US Inc. (Ewart, Michael) |
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| 2 | 2
discov
Corporate/Diversity Disclosure Statement
Mon 12/18 11:11 PM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Canva Inc for Canva US Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Canva US Inc. (Ewart, Michael) |
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| 1 | 1
29
pgs
cmp
Complaint
Mon 12/18 10:56 PM
COMPLAINT against All Defendants with JURY DEMAND Attorney Michael J Ewart added to party Canva US Inc(pty:pla) filed by Canva US Inc.(Ewart, Michael) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A-E,
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Att: 3
Exhibit F-L,
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Att: 4
Exhibit M-T,
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Att: 5
Summons for Accessify LLC,
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Att: 6
Summons for Ascend IP LLC,
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Att: 7
Report on Patents and Trademarks (AO Form 120)
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