Google Inc. v. ContentGuard Holdings, Inc.
Filing
1
COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT against ContentGuard Holdings, Inc. ( Filing fee $ 400, receipt number 0971-8341654.). Filed byGoogle Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet)(Malecek, Michael) (Filed on 1/31/2014)
JS 44 (Rev. 12/12)
Cand rev (1/15/13)
CIVIL COVER SHEET
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 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.)
I. (a) PLAINTIFFS
DEFENDANTS
GOOGLE INC.
CONTENTGUARD HOLDINGS, INC.
(b) County of Residence of First Listed Plaintiff Santa Clara
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
Michael Malecek
KAYE SCHOLER LLP
Two Palo Alto Square
3000 El Camino Real, Suite 400, Palo Alto, California 94306
(650) 319-4500
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1
U.S. Government
Plaintiff
2
U.S. Government
Defendant
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
1
3 Federal Question
(U.S. Government Not a Party)
4 Diversity
(Indicate Citizenship of Parties in Item III)
Citizen of This State
DEF
and One Box for Defendant)
PTF
DEF
4
4
1
Incorporated or Principal Place
of Business In This State
CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
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
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
(Place an “X” in One Box Only)
TORTS
PERSONAL INJURY
310 Airplane
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 Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
- Employment
446 Amer. w/Disabilities
- Other
448 Education
V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding
VI. CAUSE OF
ACTION
2 Removed from
State Court
2
Incorporated and Principal Place
of Business In Another State
5
5
3
3
Foreign Nation
6
6
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
3 Remanded from
Appellate Court
2
Citizen or Subject of a
Foreign Country
IV. NATURE OF SUIT
Citizen of Another State
4
625 Drug Related Seizure
of Property 21 USC 881
690 Other
BANKRUPTCY
OTHER STATUTES
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
The United States Patent Act, 35 U.S.C. § 100 et seq.
Brief description of cause:
Declaratory judgment of non-infringement
CHECK YES only if demanded in complaint:
DEMAND $
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
Yes
No
JURY DEMAND:
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an “X” in One Box Only)
DOCKET NUMBER
(X) SAN FRANCISCO/OAKLAND
DATE
SIGNATURE OF ATTORNEY OF RECORD
January 31, 2014
/s/ Michael Malecek
( ) SAN JOSE
( ) EUREKA
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