Yahoo! Inc. v. Facebook, Inc.

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT: JURY TRIAL DEMANDED; against Facebook, Inc. ( Filing fee $ 350.00, receipt number 54611011490.). Filed byYahoo! Inc.. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 03, # 4 Exhibit 04, # 5 Exhibit 05, # 6 Exhibit 06, # 7 Exhibit 07, # 8 Exhibit 08, # 9 Exhibit 09, # 10 Exhibit 10, # 11 Civil Cover Sheet)(aaa, COURT STAFF) (Filed on 3/12/2012)

CIVIL COVER SHEET

iS 44 CAND (Rev. 12/11)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as requir. y I , except
rovided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM )

DEFENDANTS

I. (a) PLAINTIFFS

FACEBOOK, INC.

YAHOO! INC.

(b)

County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Santa Clara County

(EXCEPT IN U S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE:

(c) Attorneys (Firm Name Address, and Telephone Number)
Charles K. Verhoeven, sq. (Bar No. 170151)
Quinn Emanuel Urquhart & Sullivan, LLP
50 California St., Floor 22, San Francisco, CA 94111 - [phone]

II. BASIS OF JURISDICTION

(Place an "X" in One Box Only)

iiii.

Att-

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Cf12 - 0121C

CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only)

0 I

X

U.S. Government

0 2

3Federal Question

PTF

(U.S. Government Not a Party),

Plaintiff

U.S. Government

0

9

Viling

4 Diversity

Citizen of This State

0

1

DEF
0

PTF
1

Incorporated

or Principal Place

DEF

0

4

0 4

0

5

0

5

0

6

0

6

of Business In This State

Citizen of Another State

13

2

o

2

(Indicate Citizenship of Parties in Item III)

Defendant

(Place an "X" in One Box for Plaintiffl
and One Box for Defendant)

Incorporated

and Principal Place

of Business In Another State

Citizen or Subject of a

0

3

0

3

Foreign Nation

Foreign Country

IV. NATURE OF SUIT

(Place an "X" in One Box Only)

TORTS

CONTRACT
0

PERSONAL INJURY

110 Insurance

0 120 Marine

0 310 Airplane

0 130 Miller Act

FORFEITURE/PENALTY
PERSONAL INJURY

0

365 Personal Injury -

0 315 Airplane Product

Product Liability

OTHER STATUTES

0 422 Appeal 28 USC 158

375 False Claims Act

0 423 Withdrawal

0

400 State Reapportionment

0

410 Antitrust

0

of Property 21 USC 881
0 690 Other

0

430 Banks and Banking

CI

450 Commerce
460 Deportation

28 USC 157

140 Negotiable Instrument

Liability

0 150 Recovery of Overpayment

0 320 Assault, Libel &

Pharmaceutical

Slander

Personal Injury

0 820 Copyrights

0

Product Liability

X 830 Patent

CI

470 Racketeer Influenced and

D

480 Consumer Credit

0

490 Cable/Sat TV

0

850 Securities/Commodities/

0

& Enforcement ofludgment

0 151 Medicare Act

0 330 Federal Employers'

0 152 Recovery of Defaulted

Liability

Student Loans
(Excl. Veterans)

Liability

0 840 Trademark

Injury Product

LABOR

Liability
PERSONAL PROPERTY

0 710 Fair Labor Standards

0

370 Other Fraud

0

371 Truth in Lending

0 720 Labor/Mgmt. Relations

0 863 DIWC/D1WW (405(g))

0

890 Other Statutory Actions

0

380 Other Personal

0 740 Railway Labor Act

0 864 SSID Title XVI

0

891 Agricultural Acts

0 751 Family and Medical

0 865 RSI (405(g))

0

893 Environmental Matters

0

895 Freedom of Information

0

896 Arbitration

0

899 Administrative Procedure

Product Liability

195 Contract Product Liability

CI 360 Other Personal

0 196 Franchise

Injury

Property Damage
0 385 Property Damage

0 362 Personal Injury -

Product Liability

Med. Malpractice

REAL PROPERTY

CIVIL RIGHTS

0 210 Land Condemnation

CI 440 Other Civil Rights

0 220 Foreclosure

0 443 Housing/

PRISONER PETITIONS

0 442 Employment

0 240 Torts to Land

Accommodations

0 245 Tort Product Liability
CI 290 All Other Real Property

0 445 Amer. w/Disabilifies •
Employment
CI 446 Amer. w/Disabiiities Other
D 448 Education

0 862 Black Lung (923)

Leave Act

0

Security Act

510 Motions to Vacate

Act

0 871 1RS—Third Party

530 General
535 Death Penalty

Act/Review or Appeal of

or Defendant)

Habeas Corpus:

0

FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff

Sentence

0

Exchange

0 790 Other Labor Litigation
0 791 Empl. Rel. Inc.

0 441 Voting

0 230 Rent Lease & Ejectment

Act

SOCIAL SECURITY
0 861 HIA (1395ff)

Corrupt Organizations

0 355 Motor Vehicle

160 Stockholders' Suits

Agency Decision
D

26 USC 7609

950 Constitutionality of
State Statutes

IMMIGRATION

0 540 Mandamus & Other

0 462 Naturalization Application

0

550 Civil Rights

0 463 Habeas Corpus -

0

555 Prison Condition

0

560 Civil Detainee Conditions of
Confinement

V. ORIGIN

PROPERTY RIGHTS

0 350 Motor Vehicle

0 190 Other Contract

1

1

368 Asbestos Personal

0 345 Marine Product

of Veteran's Benefits

0

0

367 Health Care/

0 340 Marine

0 153 Recovery of Overpayment

CI

0

BANKRUPTCY

0 625 Drug Related Seizurc

Alien Detainee
(Prisoner Petition)
0 465 Other Immigration
Actions

(Place an "X" in One Box Only)

Transferred from
0 3 Remanded from
0 2 Removed from
0 4 Reinstated or 0 5 another district
0 6 Multidistrict
State Court
Appellate Court
Reopened
Litigation
(opci)y)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. Sec. 1 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
DEMAND $
CHECK YES only if demanded in complaint:
VII. REQUESTED IN
0 CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
M Yes 0 No
JURY DEMAND:
COMPLAINT:
X 1 Original
Proceeding

VIII. RELATED CASE(S)
IF ANY

(See instructions):

JUDGE

DOCKET NUMBER

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
CI SAN FRANCISCO/OAKLA ND PI SAN JOSE 0 EUREKA
(Place an "X" in One Box Only)
DATE -2. /

SIGNATURE OF/ATTORNEY OF RECORD

JS 44 CAND (Rev.

12/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by
law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk
of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney
filing a case should complete the form as follows:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full
I.
name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name
and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing.
In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of
residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this
section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the
boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (l) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different
parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each
principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to
enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most
definitive.
V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for
removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation
transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless
diversity.
Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.
IX.
Divisional Assignment. In accordance with Civil L.R. 3-2(c)- (f), select the appropriate venue based upon the county in which a substantial part of the events or
omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.
Date and Attorney Signature. Date and sign the civil cover sheet.