THX, Ltd. v. Apple, Inc.

Filing 1

COMPLAINT against Apple, Inc. ( Filing fee $ 350, receipt number 54611013343.). Filed byTHX, Ltd.. (hdjS, COURT STAFF) (Filed on 3/14/2013) (hdjS, COURT STAFF). (Additional attachment(s) added on 3/15/2013: # 1 Civil Cover Sheet) (hdjS, COURT STAFF).

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JS'M (Rev. 12/12) CIVIL COVER SHEET Cand rev (1/15/13) The JS 44 civil cover sheetand the information contained herein neither replace nor supplement the filing and serviceof pleadings or oUier papers as required by law, except as provided bv local rules ofcourt. This form, approved bythe Judicial Conference of theUnited States inSeptember 1974, is required for the use of theClerk ol Court torthe purpose of'miliating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PACE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS APPLE, INC. THX, LTD. (b) County of Residence of first Listed Plaintiff Santa Clara County of Residence of first Listed Defendant (IN U.S. PLAINTIFF CASUSONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF NOTE: Marin (EXCEPTIN U.S. PLAINTIFF CASES) THE TRACT OF LAND INVOLVED. Attorneys (IfKnown) (c) Attorneys (Firm Name. Address, and Telephone Number) Telephone: 650.838.4300 Eric L Wesenberg, SBN 139696 PERKINS COIE LLP Facsimile: 650.838.4350 3150 Porter Drive Email: Palo Alto, CA 94304-1212 jCyi3- 1161 JSW III. CITIZENSHIP OF PRINCIPAL PARTIES (Placean "X"ln One BoxforPlaintiff II. BASIS OF JURISDICTION (Place an "X" in One llax Only) (For Diversity Cases Only) C] 1 U.S. Government DEF D I Citizenof This State (U.S. Government Not a Party) Plaintiff andOne Boxfor Defendant) PIT I3 Federal Question D PTF I Incorporated or PrincipalPlace DEF D •' ••' • 5 Q5 • 6 D6 of Business In This Stale • 2 • 4 Diversity U.S. Government Defendant • 2 Citizen of Another St;ile IV. NATURE OF SUIT (Place an "X"in One Box Only) I CONTRACT TORTS D 110 Insurance • 3 • • Liability • 365 Personal Injury Product Liability 367 Health Care/ of Property 21 USC 881 • 690 Other 320 Assault, Libel & Liability 340 Marine 345 Marine Product • Product Liability 360 Other Personal Injury Q 196 Franchise 368 Asbestos Personal Injury Product 220 Foreclosure • 230 RentLease& Ejectment • 240 Torts to Land • 245 Tort Product Liability • 290 All Other Real Property 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations Relations • 740Railway LaborAct 385 Property Damage Product Liability • • 480 Consumer Credit 490 Cable/Sat TV Corrupt Organizations 861 I!IA(1395ff) • S62 Black Lung (923) S63 DIWC/DIWW(405(g)) 864 SSID Title XVI 865 RSI (405(g)) 850 Securities/Commodities/ Exchange • • 890 Other Statutory Actions S91 Agricultural Acts • • 893 Environmental Matters 895 Freedom of Information • • 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision • 950 Constitutionality of Act • 790 Other Labor Litigation • 791 Employee Retirement FEDERAL TAX SUITS • 870 Taxes(U.S.Plaintiff Income Security Act 463 Alien Detainee 510 Motions to Vacate or Defendant) • 871 IRS—Third Party State Statutes 26 USC 7609 530 General 535 Death Penally IMMIGRATION Other • 540 Mandamus & Other 550 Civil Rights 448 Education • 460 Deportation Leave Act Other: 446 Amer. w/Disabilities • 470 Racketeer Influenced and • • Sentence • • • • 751 Family and Medical Habeas Corpus: Employment • 430 Banks and Banking I | 450 Commerce • • • • • 720 Labor/Management PRISONER PETITIONS 445 Amer. w/Disabilities • • 410 Antitrust SOCIAL SECURITY Property Damage • CIVIL RIGHTS • • • • 400 StateReapportionment • • • 710 hair Labor Standards Act Medical Malpractice REAL PROPERTY • 28 USC 157 LABOR • 370 Other Fraud I I 371 Truth in Lending • 380 Other Personal |~| 362 Personal Injury- LJ 210 Land Condemnation 375 False Claims Act 0 830 Patent • 840 Trademark PERSONAL PROPERTY 350 Motor Vehicle 355 Motor Vehicle OTHER STATUTES • • 820 Copyrights Liability Liability Foreign Nation PROPERTY RIGHTS Personal Injury Product Liability Slander 3 • 422 Appeal 28 USC 158 • 423 Withdrawal Pharmaceutical 330 Federal Employers' • • • 625 Drug Related Seizure • 310 Airplane 315AirplaneProduct • 110Negotiable Instrument • 1SO Recovery of Overpayment • & Enforcement of Judgment • 151 MedicareAct • • 152 Recovery of Defaulted Student Loans • (Excludes Veterans) • • 153 Recovery of Overpayment of Veteran's Benefits • • 160 Stockholders' Suits • • 190 Other Contract • 195 Contract Product Liability • • Incorporated andPrincipal Place BANKRUPTCY FORFEITURE/PENALTY PERSONAL INJURY PERSONAL INJURY 120 Marine 130 Miller Act | 2 ofBusiness In Another State Citizen or Subject of a Foreign Country • • • (Indicate Citizenship ofParties in hem III) • • • 462 Naturalization Application • 465 Other Immigration 555 Prison Condition 560 Civil Detainee - Actions Conditions of Confinement V. OR ICIN (Place an A'" in One Box Only) (3 1 Original • 2 Removed from • Proceeding Stale Court 3 Remanded from Appellate Court • 4 Reinstated or • 5 Transferred from • Reopened 6 Another District Multidistrict Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not citejurisdictionalstatutesunless diversity): VI. CAUSE OF 35 U.S.C. Section 271 Brief description of cause: ACTION Patent Infringement action pursuant Io 28U.S.C. Sections 1331 and 1338(a) VII. REQUESTED IN • COMPLAINT: CI IECK IF THIS IS A CLASS ACTION DEMANDS UNDER RULE 23, F.R.Cv.P. CHECK YES only if demanded in complaint: JURYDEMAND: [El Yes • VIII. RELATED CASE(S) IF A N Y @*ee 'lls""c"""'<): DATE March 14, 2013 DOCKET NUMBER JUDGE IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2) (Place an "X" in One Box Only) () SAN FRANCISCO/OAKLAND (X) SAN JOSE () EUREKA SIGNATURE OF ATTORNEY OF RECORD 2^ qjC Eric L. Wesenberg INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 No f*^ 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: I. (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 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.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below. United States plaintiff. (1) 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; NOTE: 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 clerk(s) 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 six 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. 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 actual dollar amount 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 arc related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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