THX, Ltd. v. Apple, Inc.
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).
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.)
(b) County of Residence of first Listed Plaintiff
County of Residence of first Listed Defendant
(IN U.S. PLAINTIFF CASUSONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
(EXCEPTIN U.S. PLAINTIFF CASES)
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name. Address, and Telephone Number)
Eric L Wesenberg, SBN 139696
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
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)
Citizenof This State
(U.S. Government Not a Party)
andOne Boxfor Defendant)
I3 Federal Question
Incorporated or PrincipalPlace
of Business In This Stale
• 4 Diversity
Citizen of Another St;ile
IV. NATURE OF SUIT (Place an "X"in One Box Only)
D 110 Insurance
365 Personal Injury Product Liability
367 Health Care/
of Property 21 USC 881
• 690 Other
320 Assault, Libel &
345 Marine Product
360 Other Personal
Q 196 Franchise
368 Asbestos Personal
• 230 RentLease& Ejectment
240 Torts to Land
• 245 Tort Product Liability
• 290 All Other Real Property
440 Other Civil Rights
• 740Railway LaborAct
385 Property Damage
480 Consumer Credit
490 Cable/Sat TV
S62 Black Lung (923)
864 SSID Title XVI
865 RSI (405(g))
890 Other Statutory Actions
S91 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
899 Administrative Procedure
Act/Review or Appeal of
950 Constitutionality of
• 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
• 871 IRS—Third Party
26 USC 7609
535 Death Penally
540 Mandamus & Other
550 Civil Rights
446 Amer. w/Disabilities •
470 Racketeer Influenced and
• 751 Family and Medical
430 Banks and Banking
I | 450 Commerce
• 720 Labor/Management
445 Amer. w/Disabilities •
• 710 hair Labor Standards
28 USC 157
• 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
350 Motor Vehicle
355 Motor Vehicle
• 820 Copyrights
• 422 Appeal 28 USC 158
• 423 Withdrawal
330 Federal Employers'
• 625 Drug Related Seizure
• 110Negotiable Instrument
• 1SO Recovery of Overpayment •
& Enforcement of Judgment
• 151 MedicareAct
• 152 Recovery of Defaulted
• 153 Recovery of Overpayment
of Veteran's Benefits
• 160 Stockholders' Suits
• 190 Other Contract
• 195 Contract Product Liability •
Incorporated andPrincipal Place
130 Miller Act
ofBusiness In Another State
Citizen or Subject of a
(Indicate Citizenship ofParties in hem III)
• 462 Naturalization Application
• 465 Other Immigration
555 Prison Condition
560 Civil Detainee -
V. OR ICIN (Place an A'" in One Box Only)
(3 1 Original
• 2 Removed from •
3 Remanded from
5 Transferred from •
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:
Patent Infringement action pursuant Io 28U.S.C. Sections 1331 and 1338(a)
VII. REQUESTED IN
CI IECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
CHECK YES only if demanded in complaint:
VIII. RELATED CASE(S)
IF A N Y
March 14, 2013
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Only)
(X) SAN JOSE
SIGNATURE OF ATTORNEY OF RECORD
Eric L. Wesenberg
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:
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.
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.)
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)".
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
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. •
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.
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
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.
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
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.
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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