Waymo LLC v. Uber Technologies, Inc. et al
COMPLAINT for Violation of Defense of Trade Secret Act; Demand for Jury Trial against Otto Trucking LLC, Ottomotto LLC, Uber Technologies, Inc. (Filing Fee $ 400.00, receipt number 0971-11180330.). Filed by Waymo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Verhoeven, Charles) (Filed on 2/23/2017) Modified on 2/28/2017 (gbaS, COURT STAFF).
JS-CAND 44 (Rev. 07/16)
CIVIL COVER SHEET
The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 19/4, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
Uber Technologies, Inc., Ottomotto LLC, Otto Tracking
; San Francisco
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
County of Residence of First Listed Plaintiff
(EXCEPTIN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Charles K. Verhoeven
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor, San Francisco, 94111
II. BASIS OF JURISDICTION (Place an
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an T in One Boxfor Plaintiff
and One Box for Defendant)
(For Diversity Cases Only)
“X” in One Box Only)
3 Federal Question
(U.S. Government Not a Party)
1 Incorporated or Principal Place
of Business In This State
Citizen of Another State
2 Incorporated and Principal Place
of Business In Another State
Citizen or Subject of a
3 Foreign Nation
H 6 H6
Citizen of This State
Q 4 Diversity
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an “X” in One Box Only)
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veteran’s Benefits
151 Medicare Act
152 Recovery of Defaulted
llil 153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
210 Land Condemnation
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
315 Airplane Product
320 Assault, Libel &
330 Federal Employers’
345 Marine Product
350 Motor Vehicle
355 Motor Vehicle
360 Other Personal
362 Personal Injury Medical Malpractice
■J 440 Other Civil Rights
13 441 Voting
13 442 Employment
lii 443 Housing/
445 Amer. w/DisabihtiesEmployment
446 Amer. w/DisabihtiesOther
V. ORIGIN (Place an “X” in One Box Only)
B 1 Proceeding 13 2 Removed from
VI. CAUSE OF ACTION
1365 Personal InjuryProduct Liability
[367 Health Care/
13368 Asbestos Personal
370 Other Fraud
371 Truth in Lending
jjjjj 380 Other Personal
13 385 Property Damage
Q625 Drug Related Seizure
^ 820 Copyrights
i 830 Patent
Q7IO Fair Labor Standards
3740 Railway Labor Act
751 Family and Medical
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
11463 Alien Detainee
510 Motions to Vacate
535 Death Penalty
1462 Naturalization Application
j465 Other Immigration
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil DetaineeConditions of
1 3 Remanded from
[||J22 Appeal 28 USC § 158
28 USC § 157
4 Reinstated or
1 862 Black Lung (923)
1 863 DIWC/DIWW (405(g))
^ 864 SSID Title XVI
13865 RSI (405(g))
EEDERAL TAX SUITS
Q870 Taxes (U.S. Plaintiff
13871 IRS-Tliird Party
26 USC § 7609
n 5 Transferred from
^ Another District
g 6 Multidistrict
375 False Claims Act
376 QuiTam(31 USC
400 State Reapportionment
430 Banks and Banking
470 Racketeer Influenced and
480 Consumer Credit
490 Cable/Sat TV
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
899 Administrative Procedure
Act/Review or Appeal of
950 Constitutionality of
m 8 Multidistrict File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity)'.
35 U.S. Code § 271; 18 U.S. Code § 1836; Cal. Civ. Code § 3426; California Bus. & Prof. Code § 17200
Brief description of cause:
Trade Secret Misappropriation; Patent Infringement; Violation of California Bus. & Prof Code § 17200
VII. REQUESTED IN
jj CHECK IF THIS IS A CLASS ACTION
CHECK YES only if demanded in complaint:
UNDER RULE 23, Fed. R. Civ. P.
VIII. RELATED CASE(S),
IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
H SAN FRANCISCO/OAKLAND
(Place an “X” inOne Box Only)
B Yes B No
H SAN JOSH 0 EUREKA-MCKINLEYVILLE
SIGNATURE OF ATTORNEY OF RECO
JS-CAND 44 (rev. 07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44
Authority For Civil Cover Sheet. The JS-CAND 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 in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate 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).”
Jurisdiction. The basis ofjurisdiction is set forth under Federal Rule of Civil Procedure 8(a), 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.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 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.
(4) Diversity of citizenship. This refers to suits under 28 USC § 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-CAND 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.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
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 Federal Rule of Civil Procedure 23.
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-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “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.
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