Court of Appeals Docket #: 93-5235 Filed: 4/28/93 Nsuit: 3840 Property Rights: Trademark Unix Sys Lab Inc v. Berkeley Software, et al Appeal from: United States District Court for the District of New Jersey - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lower court information: District: 0312-2 : 92-01667 Court Reporter: Howard A. Rappaport Trial Judge: Dickinson R. Debevoise, District Judge Date Filed: 4/20/92 Date order/judgment: 4/1/93 Date NOA filed: 4/26/93 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fee status: paid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Prior cases: None Current cases: Lead Member Start End Cross-appeal: 93- 5202 93- 5235 4/28/93 4/29/93 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Panel Assignment: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Docket as of April 24, 2001 10:36 pm Page 1 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al UNIX SYS LAB INC Michael D. Loprete Appellee 201-596-4500 [COR NTC ret] Gary F. Werner 201-596-4500 [COR NTC ret] Gibbons, Del Deo, Dolan, Griffinger & Vecchione One Riverfront Plaza Newark, NJ 07102-5497 v. BERKELEY SOFTWARE DESIGN, INC. James H. Forte Appellee 201-622-3333 [COR NTC ret] Saiber, Schlesinger, Satz & Goldstein One Gateway Center Suite 1300 Newark, NJ 07102-5311 W. ELLIOT BROWNIEE, in their Joel Linzner collective capacity as the 510-763-2000 Regents of the University of [COR NTC ret] California Crosby, Heafey, Roach & May Appellant 1999 Harrison Street 22nd Floor Oakland, CA 94612 S. STEPHEN NAKASHIMA, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant PETE WILSON, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant LEO T. MCCARTHY, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant WILLIE L. BROWN, JR., in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant Docket as of April 24, 2001 10:36 pm Page 2 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al BILL HONIG, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant DAVID P. GARDNER, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant RALPH M. OCHOA, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant GAIL G. ANDERSON, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant WILLIAM T. BAGLEY, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant ROY T. BROPHY, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant CLAIR W. BURGENER, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant YVONNE BRATHWAITE BURKE, in Joel Linzner their collective capacity as (See above) the Regents of the University [COR NTC ret] of California Appellant GLENN CAMPBELL, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant Docket as of April 24, 2001 10:36 pm Page 3 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al FRANK W. CLARK, JR., in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant DIANA DARNELL, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant TIRSO DEL JUNCO, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant ALICE J. GONZALES, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant JEREMIAH F. HALLISEY, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant S. SUENSON JOHNSON, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant MEREDITH J. KHACHIGIAN, in Joel Linzner their collective capacity as (See above) the Regents of the Univeristy [COR NTC ret] of California Appellant LEO S. KOLLIGIAN, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant HOWARD H. LEACH, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant Docket as of April 24, 2001 10:36 pm Page 4 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al YORI WADA, in their collective Joel Linzner capacity as the Regents of the (See above) University of California [COR NTC ret] Appellant DEAN A. WATKINS, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant HAROLD M. WILLIAMS, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant JACQUES S. YEAGER, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant CARL J. STONEY, JR., in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant PAUL HALL, in their collective Joel Linzner capacity as the Regents of the (See above) University of California [COR NTC ret] Appellant MARTIN A. TROW, in their Joel Linzner collective capacity as the (See above) Regents of the University of [COR NTC ret] California Appellant ------------------------- REGENTS UNIV CA Joel Linzner Appellant (See above) [COR NTC ret] Docket as of April 24, 2001 10:36 pm Page 5 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al UNIX SYS LAB INC Appellee v. BERKELEY SOFTWARE DESIGN, INC.; Appellee W. ELLIOT BROWNIEE, in their collective capacity as the Regents of the University of California; S. STEPHEN NAKASHIMA, in their collective capacity as the Regents of the University of California; PETE WILSON, in their collective capacity as the Regents of the University of California; LEO T. MCCARTHY, in their collective capacity as the Regents of the University of California; WILLIE L. BROWN, JR., in their collective capacity as the Regents of the University of California; BILL HONIG, in their collective capacity as the Regents of the University of California; DAVID P. GARDNER, in their collective capacity as the Regents of the University of California; RALPH M. OCHOA, in their collective capacity as the Regents of the University of California; GAIL G. ANDERSON, in their collective capacity as the Regents of the University of California; WILLIAM T. BAGLEY, in their collective capacity as the Regents of the University of California; ROY T. BROPHY, in their collective capacity as the Regents of the University of California; CLAIR W. BURGENER, in their collective capacity as the Regents of the University of California; YVONNE BRATHWAITE BURKE, in their collective capacity as the Regents of the University of California; GLENN CAMPBELL, in their collective capacity as the Regents of the University of California; FRANK W. CLARK, JR., in their collective capacity as the Regents of the University of California; DIANA DARNELL, in their collective capacity as the Regents of the University of California; TIRSO DEL JUNCO, in their collective capacity as the Regents of the University of California; ALICE J. GONZALES, in their collective capacity as the Regents of the University of California; JEREMIAH F. HALLISEY, in their collective capacity as the Regents of the University of California; S. SUENSON JOHNSON, in their collective capacity as the Regents of the University of California; MEREDITH J. KHACHIGIAN, in their collective capacity as the Regents of the Univeristy of California; LEO S. KOLLIGIAN, in their collective capacity as the Regents of the University of California; HOWARD H. LEACH, in their collective capacity as the Regents of the University of California; YORI WADA, in their collective capacity as the Regents of the University of California; DEAN A. WATKINS, in their collective capacity as the Regents of the University of California; HAROLD M. WILLIAMS, in their collective capacity as the Regents of the Docket as of April 24, 2001 10:36 pm Page 6 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al University of California; JACQUES S. YEAGER, in their collective capacity as the Regents of the University of California; CARL J. STONEY, JR., in their collective capacity as the Regents of the University of California; PAUL HALL, in their collective capacity as the Regents of the University of California; MARTIN A. TROW, in their collective capacity as the Regents of the University of California Appellants ------------------------- REGENTS UNIV CA Appellant Docket as of April 24, 2001 10:36 pm Page 7 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al 4/28/93 CIVIL CASE DOCKETED. Notice filed by the Regents of the University of California and the following persons in their individual and official capacity as members of the Board of the Regents of the University of California: W. Elliot Browniee, S. Stephen Nakashima, Pete Wilson, Leo T. McCarthy, Willie L. Brown, Bill Honig, David P. Gardner, Ralph M. Ochoa, G. Anderson, William T. Bagley, Roy T. Brophy, Clair W. Burgener, Yvonne Brathwaite Burke, Glenn Campbell, Frank W. Clark, Diana Darnell, Tirso Del Junco, Alice J. Gonzales, Jeremiah F. Hallisey, S. Suenson Johnson, Meredith J. Khachigian, Leo S. Kolligian, Howard H. Leach, Yori Wada, Dean A. Watkins, Harold M. Williams, Jacques S. Yeager, J. Stoney, Paul Hall, and Martin A. Trow. (lld) [93-5235] 5/10/93 TRANSCRIPT PURCHASE ORDER (Part I), unnecessary for appeal purposes, filed. (mgd) [93-5235] 5/10/93 APPEARANCE from Attorney Joel Linzner on behalf of Appellants, filed. (lld) [93-5235] 5/10/93 DISCLOSURE STATEMENT on behalf of Appellants, filed. (lld) [93-5235] 5/10/93 INFORMATION STATEMENT on behalf of Appellants, RECEIVED. (lld) [93-5235] 5/11/93 CLERK'S LETTER to counsel advising appeal has been listed for possible dismissal due to jurisdictional defect. (Cvs. 93-5202 & 93-5235) (lld) [93-5235] 5/17/93 APPEARANCE from Attorney James H. Forte on behalf of Appellee Berkeley Software, filed. (lld) [93-5235] 5/17/93 DISCLOSURE STATEMENT on behalf of Appellee Berkeley Software, filed. (lld) [93-5235] 5/18/93 FOLLOW UP LETTER to Leslie A. Fithian, James W. Kennedy, George L. Graff, Michael D. Loprete, and Gary F. Werner requesting the following documents: **Appearance Form **Disclosure Statement ZZ#SEND ZZ#TO ZZ#MERITS ZZ#PANEL (lld) [93-5235] 5/21/93 RESPONSE filed by Appellee Berkeley Software to clerk letter advising possible dismissal due to jurisdictional defect. Certificate of Service dated 5/20/93. [Cvs. Nos. 93-5202 and 93-5235] (ma) [93-5235] 5/24/93 STIPULATION to dismiss pursuant to FRAP 42(b), without prejudice, each party to bear its own costs and fees. (ma) [93-5235] Docket as of April 24, 2001 10:36 pm Page 8 93-5235 Unix Sys Lab Inc v. Berkeley Software, et al 6/4/93 ORDER (Clerk) granting motion by appellants to dismiss pursuant FRAP 42(b), with prejudice and each party to bear its own costs and fees. Procedurally Terminated Without Judicial Action; F.R.A.P. 42(b). (mgd) [93-5235] 6/4/93 Certified copy of Order sent to Clerk of District Court. (mgd) [93-5235] 6/14/93 APPEARANCE from Attorney Gary F. Werner on behalf of Appellee Unix Sys Lab Inc, filed. (lld) [93-5235] 6/14/93 DISCLOSURE STATEMENT on behalf of Appellee Unix Sys Lab Inc, filed. (lld) [93-5235] 6/14/93 APPEARANCE from Attorney Michael D. Loprete on behalf of Appellee Unix Sys Lab Inc, filed. (lld) [93-5235] Docket as of April 24, 2001 10:36 pm Page 9