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Docket » 3:08-cv-04397 (Autodesk v. SolidWorks)  

Note: This case has blossomed into several hundred docket events since the beginning of October, including dozens of documents, many of which are redacted or filed under seal. The frenzied pace has overwhelmed my ability to keep up, so I've suspended updates for the time being.

-- Owen Wengerd





   Court Case Details Minimize  
Case Number 3:08-cv-04397 
Case Name Autodesk Inc. v. Dassault Systemes SolidWorks Corporation 
Court United States District Court, Northern District of California (San Francisco) 
Presiding Judge William H. Alsup 
Initiated On 9/19/2008 

     
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Synopsis

This lawsuit represents another front in Autodesk's ongoing effort to prevent competitors from using "DWG" as a trademark. Essentially, Autodesk argues that through its marketing efforts, the term "DWG" has lost its original generic meaning and taken on a secondary meaning referring specifically to Autodesk's proprietary drawing file format, and therefore any use of "DWG" in competitive products amounts to trademark infringement.

Introduction

While much of the text in Autodesk's complaint focuses on the claimed "DWG" trademark, the lawsuit is about more than just one mark. Autodesk also argues trade dress infringement due to SolidWorks' use of the "orange frame" used by Autodesk in various ways. This claim, and the infringement claim related to use of the words "AutoCAD" and other Autodesk marks on SolidWorks web sites is where much of the legal basis of this case comes from. The fact that the "DWG" mark is also in play is a nice bonus for Autodesk.


Docket History

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 Autodesk Inc. v. Dassault Systemes SolidWorks Corporation -- Docket History    

Ref. Filed By Description Terminated Documents
>>9/19/2008 Court Case Referred to ECF
>>19/19/2008 Autodesk Complaint (see www.autodesk.com/solidworks)
>>29/19/2008 Autodesk Certificate of Interested Entities
Certificate
[2 pages/59 KB]
>>39/19/2008 Court ADR Scheduling Order
Order
[2 pages/13 KB]
Standing Order
[6 pages/277 KB]
>>49/19/2008 Autodesk Patent/Trademark Copy
Report
[1 page/20 KB]
>>59/25/2008 Autodesk Summons Returned Executed
Declaration
[2 pages/51 KB]
>>610/13/2008 SolidWorks Declination to Proceed Before a U.S. Magistrate Judge
Request
[1 page/55 KB]
>>710/13/2008 SolidWorks Stipulation
Stipulation
[2 pages/56 KB]
>>810/21/2008 Court Clerk's Notice of Impending Reassignment
Notice
[2 pages/15 KB]
>>910/22/2008 Court Order Reassigning Case
Order
[1 page/17 KB]
>>1010/24/2008 Court Clerks Notice
Notice
[1 page/16 KB]
>>1110/24/2008 Court SUPPLEMENTAL ORDER
Order
[10 pages/39 KB]
>>1210/27/2008 SolidWorks Stipulation
Stipulation
[2 pages/56 KB]
>>1311/13/2008 SolidWorks Motion to Dismiss
Motion
[31 pages/297 KB]
Proposed Order
[2 pages/98 KB]
>>1411/13/2008 SolidWorks Request for Judicial Notice
Request
[7 pages/106 KB]
>>1511/13/2008 SolidWorks Declaration in Support
Declaration
[6 pages/339 KB]
Exhibit 1
[21 pages/694 KB]
Exhibit 2
[24 pages/829 KB]
Exhibit 3
[23 pages/428 KB]
Exhibit 4
[3 pages/47 KB]
Exhibit 5
[3 pages/51 KB]
Exhibit 6
[6 pages/121 KB]
Exhibit 7
[38 pages/1416 KB]
Exhibit 8
[38 pages/1413 KB]
Exhibit 9
[38 pages/1435 KB]
Exhibit 10
[38 pages/1415 KB]
Exhibit 11
[3 pages/53 KB]
Exhibit 12
[3 pages/51 KB]
Exhibit 13
[3 pages/55 KB]
Exhibit 14
[7 pages/264 KB]
Exhibit 15
[2 pages/58 KB]
Exhibit 16A
[9 pages/3389 KB]
Exhibit 16B
[7 pages/2446 KB]
Exhibit 17A
[13 pages/4526 KB]
Exhibit 17B
[14 pages/2032 KB]
Exhibit 18A
[10 pages/2136 KB]
Exhibit 18B
[11 pages/3348 KB]
Exhibit 19
[3 pages/895 KB]
Exhibit 20
[3 pages/794 KB]
Exhibit 21
[3 pages/722 KB]
Exhibit 22
[3 pages/813 KB]
Exhibit 23
[5 pages/1713 KB]
Exhibit 24
[3 pages/700 KB]
Exhibit 25
[3 pages/67 KB]
Exhibit 26
[3 pages/1133 KB]
Exhibit 27
[3 pages/1168 KB]
Exhibit 28
[3 pages/971 KB]
Exhibit 29
[7 pages/2882 KB]
>>1611/26/2008 Autodesk Memorandum in Opposition
Memorandum
[19 pages/68 KB]
>>1711/26/2208 Autodesk Declaration in Opposition
Declaration
[3 pages/15 KB]
Exhibit 1
[3 pages/42 KB]
Exhibit 2
[12 pages/296 KB]
Exhibit 3
[14 pages/325 KB]
Exhibit 4
[7 pages/148 KB]
Exhibit 5
[13 pages/302 KB]
Exhibit 6
[13 pages/304 KB]
>>1811/26/2008 Autodesk Request for Judicial Notice
Request
[3 pages/15 KB]
>>1911/26/2008 Autodesk Memorandum in Opposition
Memorandum
[16 pages/68 KB]
>>2012/3/2008 SolidWorks ADR Certification
Certification
[1 page/33 KB]
>>2112/3/2008 Autodesk ADR Certification
Certification
[1 page/23 KB]
>>2212/3/2008 Autodesk Stipulation and Proposed Order (ENE)
Proposed Order
[2 pages/89 KB]
>>2312/3/2008 Autodesk Stipulation and Proposed Order (ADR)
Proposed Order
[2 pages/89 KB]
>>2412/4/2008 SolidWorks Reply Memorandum
Reply
[20 pages/223 KB]
>>2512/4/2008 SolidWorks Response in Support
Response
[11 pages/166 KB]
>>2612/8/2008 SolidWorks Corrected Reply
Corrected Reply
[20 pages/225 KB]
>>2712/11/2008 Autodesk Joint Case Management Statement
Statement
[12 pages/33 KB]
>>2812/18/2008 Court Case Management Scheduling Order
Order
[5 pages/28 KB]
>>2912/18/2008 Court Order on Motion to Dismiss
Order
[9 pages/40 KB]
>>3012/18/2008 Court Case Management Conference - Initial
Minutes
[1 page/11 KB]
>>3112/30/2008 Autodesk Stipulation
Stipulation
[3 pages/7 KB]
>>3212/31/2008 Court Order
Order
[3 pages/45 KB]
>>331/7/2009 Autodesk Motion for Leave to Amend Complaint
Motion
[4 pages/11 KB]
Exhibit A
[24 pages/321 KB]
Exhibit B (Corrected Exhibit A)
[26 pages/322 KB]
>>341/20/2009 Solidworks Stipulation
Stipulation
[3 pages/62 KB]
>>351/21/2009 Court Order Granting Leave to Amend
Order
[3 pages/96 KB]
>>361/23/2009 Autodesk Amended Complaint
Amended Complaint
[54 pages/2029 KB]
>>371/23/2009 Autodesk Amended Complaint (Corrected)
Amended Complaint (Corrected)
[24 pages/353 KB]
Exhibit A
[5 pages/1468 KB]
Exhibit B-1
[12 pages/2972 KB]
Exhibit B-2
[13 pages/2699 KB]
>>382/13/2009 SolidWorks Answer to Amended Complaint
Answer
[34 pages/1438 KB]
>>393/2/2009 Autodesk Stipulation & Proposed Order
Stipulation
[4 pages/10 KB]
>>403/4/2009 Court Order Denying Extension
Order
[1 page/18 KB]
>>413/5/2009 Autodesk Answer to to CounterClaim
Answer
[11 pages/29 KB]
>>425/19/2009 Parties Proposed Order
Order
[39 pages/547 KB]
>>435/21/2009 Court Order
Order
[3 pages/24 KB]
>>446/18/2009 Autodesk Letter Brief
Letter
[3 pages/2369 KB]
Exhibit A
[9 pages/332 KB]
Exhibit B
[30 pages/1460 KB]
>>456/19/2009 Court Order
Order
[1 page/18 KB]
>>466/22/2009 SolidWorks Letter
Letter
[3 pages/53 KB]
Exhibit A
[3 pages/173 KB]
Exhibit B
[2 pages/140 KB]
Exhibit C
[3 pages/105 KB]
Exhibit D
[3 pages/120 KB]
Exhibit E
[1 page/194 KB]
Exhibit F
[3 pages/152 KB]
>>476/23/2009 Court Discovery Hearing
Minute Entry
[1 page/11 KB]
>>486/26/2009 Court Transcript (Not Available Until 2009-09-21)
>>497/27/2009 Autodesk, SolidWorks Proposed Order
Order (w/ Attachments)
[31 pages/179 KB]
>>508/5/2009 SolidWorks Notice of Appearance
Notice
[2 pages/14 KB]
>>518/7/2009 Court Order
Order
[2 pages/60 KB]
>>529/1/2009 SolidWorks Motion to Compel 9/2/2009
Motion
[3 pages/26 KB]
Exhibit 1
[5 pages/26 KB]
>>539/2/2009 Court Order
Order
[1 page/17 KB]
>>549/8/2009 Autodesk Motion for Amended Protective Order
Proposed Order
[24 pages/77 KB]
>>559/9/2009 Court Order
Order
[3 pages/23 KB]
>>569/9/2009 Autodesk Letter
Letter
[2 pages/42 KB]
>>589/23/2009 Autodesk Motion for Pro Hac Vice
Motion
[2 pages/26 KB]
Attachment 1
[1 page/21 KB]
>>579/24/2009 Autodesk Stipulation
Stipulation
[5 pages/14 KB]
>>599/28/2009 Court Order
Order
[5 pages/46 KB]
   
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