Electronic Arts Inc. v. Zynga Inc.

Filing 1

COMPLAINT FOR COPYRIGHT INFRINGEMENT against Zynga Inc. ( Filing fee $ 350, receipt number 34611077142). DEMAND FOR JURY TRIAL. Filed by Electronic Arts Inc. (far, COURT STAFF) (Filed on 8/3/2012) Modified on 8/7/2012 (far, COURT STAFF). (Additional attachment(s) added on 8/8/2012: # 1 Civil Cover Sheet) (far, COURT STAFF).

JS 44 CAND

CIVIL COVER SHEET

(Rev. 12111)

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 required by law, except as provided
by local rules of court. This form, approved by the Judicial Conferenc:e ofthe United States in September 1974, is required for the use of the Clerk of Court for the purpose ofmitiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a)

DEFENDANTS

PLAINTIFFS

Zynga Inc.

Electronic Arts Inc.

County of Residence of First Listed Defendant

(b) County of Residence of First Listed Plaintiff San Mateo COlIOty

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

NOTE:

(c) Attgrneys (firJII.

San Francisco

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

Attorneys (If Known)

Name. Address 'Ln2 Telephan. N)!.mber)

Munger, I olles & ulson, LLP; SOU Mission ;:street, 27th Floor, San
Francisco, CA 94107 [phone]
II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES

(Place an "X" in One Box Only)

(Place an '·X" in On. BoxforPiaintiJ!)
and One Box for Defendant)
DEF
PTF
Incorporated or Principal Place
o
o 4
of Business In This State

(For Diversity Cases Ollly)
I

j

~

U.S. Government

3 Federal Question

Plaintiff

PTF
I

DEF
o I

a

U.S. Government
Defendant

Insurance
Marine
M iller Act
Negotiable Instrument
Reco'r'e~y of O'r'erpayment
& Enforcement of Judgment
151 Medicare Act
152 Reco'r'ery of Defaulted
Student Loans
(Excl. Veterans)
153 Reco'r'ery of Overpayment
ofVeleran's Benefits
160 Stockholders' Suits
)90 Other Contract
195 Contract Product Liability
196 Franchise

C/ 110
::::J J 20
:J 130
:J 140
C/ I 50

:::t
:J

:::t
.:::t
:::t
:::t
:J

o
CJ

o
o
CJ
CJ
CJ
CJ

a

o
..

220
j 230
:.J 240
::J 245
:::t 290

V. ORIGIN
Proceeding

o

.

CJ

o

3

o

440
0441
o 442
o 443

Other Civil Rights
Voting
Employment
Housing!
Accommodations
C) 445 Amer. w/Disabililies .
Employment
CJ 446 Amer. w/Disabilities Other
o 448 Education

PERSONAL INJURY
0 365 Personal Injury Produ.ct Liability
0 367 Health Carel
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
CJ 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

2 Removed from

0

0
0
0
0
0
0

o

625 Drug Related Seizure
or Property 21 USC 881
690 Other

VIII. RELATED CASE(S)
IF ANY

o
o
0 710 Fair Labor Standards
Ac.
0 720 Labor/Mgmt. Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
0 791 Empl. Ret. Inc.
Security Act

DATE

o

o

6

0

3

Remanded from
Appellate Court

o

422 App.al28 USC 158
423 Withdrawal
28 USC 157

830 Patent
840 Trademark

0 861 HIA (1395ft)
0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
0 864 ssm Title XVI
0 865 RSI (405(g))

0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0

o

870 Taxe. (U .S. Plaintiff
or Defendant)
0 871 IRS-Third Party
26 USC 7609

a
o
o

0

375
400
410
430
450
460
470

Fal•• Claim. Act
State Reapportionment
Antitrust
Bank. and B~nking
Commerce
Deportation
Rack.eteer Influenced and
Corrupt Organizations
480 Consumer Credit
490 CablelSat TV
8S0 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental M alters
895 Freedom ofInformation
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statute •

. tlll:M,1G:R"'TIONW;;':/':.
462 Naturalization Application
463 Habeas Corpus Alien Detainee
(Prisoner Petition)
465 Other Immigration
Actions

4 Reinstated or 0
Reopened

5 Transferred from
another district

o

6 Multidistrict
Litigation

NII/... dl ..rsily):

Brief description of cause:

Electronic Arts is suing Zynga for copyright infringement of ElectroniC Arts' online Facebook game The Sims Social
LJ CHECK IF THIS IS A CLASS ACTION
DEMAND S
CHECK YES only if demanded in complaint:
UNDER F.R.C.P. 23

JURY DEMAND:

(See illstruct;oIU):

DOCKET NUMBER

JUDGE

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Only)

5

'.

17 U.~.v. Sections 106 and 5u1

VII. REQUESTED IN
COMPLAINT:

o

~ 820 Copyrights

S10 Motions to Vacate

Sentence
Habea. Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civtl Rights
555 Prison Condition
560 Civil Detainee·
Conditions of
Confinement

o
o

Cite th~ ~S. Civil Statute under whij1h you are filing (Do not cl" Jurisdiction.' ".tu".
VI. CAUSE OF ACTION

o

I

a

(Place an "X" in One Box Only)

State Court

Incorporated and Principal Place
of Business In Another State
Foreign Nation

2

:,; .... , '; '.,' :.f:T.;:

:';'/,;JJ.

PERSONAL INJURY
310 Airplan.
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury .
Med. Maloractice

o

Foreclosure
Rent Lease & Ejectment
Torts to Land
Tort Product Liability
All Other Real Property

ILJ: I Original

2

·'X'· in On. Box Only)

RIII..1,.

0 210 Land Condemnation

o

o

(Indicate Citizenship o/Parties in Item [/1)

NATURE 0 F SUIT (Plac. an
Wi>,,'"

IV

Citizen of Another State

4 Diversity

0

Citizen or Subject of a
Forei n Countr

:J 2

Citizen orThis State

(US. Government Not a Party)

121

SAN FRANCISCO/OAKLA ND

LJ

SIGNATURE OF ATIORNEY OF RECORD

~ Yes

0 No

JS44CAND

IRev.IZIlII

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 Courtfor 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:
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) ofplaintiffand defendant. If the plaintiff or defendant is a government agency, use only the full
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 ofthe county where the first listed plaintiff resides aUhe 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. (I) Jurisdiction based on 28 U.S.c. 1345 and 1348. Suits by agencies and officers ofthe 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 c<1urts 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 multidlstrict 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) - (0, select the appropriate venue based upon the county in which a substantial part ofthe 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 lind Attorney Signature. Date and sign the civil cover sheet.