23andMe, Inc. v. Ancestry.com DNA, LLC et al

Filing 1

COMPLAINT for Patent Infringement, Violations of the Lanham Act, Cal. Bus. & Prof. Code 17200 and 17500, and Declaratory Relief of No Trademark Infringement and Trademark Invalidity; Demand for Jury Trial against All Defendants. (Filing Fee $400.00, Receipt No. 0971-12346102) Filed by 23andMe, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet )(Gaede, William) (Filed on 5/11/2018) Modified on 5/11/2018 (jmlS, COURT STAFF). Modified on 5/15/2018 (gbaS, COURT STAFF).

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

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
23andMe, Inc.
(b)

Santa Clara County, CA

County of Residence of First Listed Plaintiff

DEFENDANTS
Ancestry.com DNA LLC; Ancestry.com Operations Inc.;
Ancestry.com LLC
County of Residence of First Listed Defendant San Francisco County, CA

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)
McDermott Will & Emery LLP
275 Middlefield Road, Suite 100, Menlo Park, CA 94025
[phone]
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1 U.S. Government
Plaintiff

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES
(For Diversity Cases Only)
PTF
Citizen of This State
1

3 Federal Question
(U.S. Government Not a Party)

2 U.S. Government
Defendant

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

4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State
Citizen or Subject of a
Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
120 Marine

310 Airplane

130 Miller Act

315 Airplane Product
Liability

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

320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle

3

1
2
3

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Incorporated and Principal Place
5
5
of Business In Another State
6
6
Foreign Nation

Click here for: Nature of Suit Code Descriptions.

TORTS
PERSONAL INJURY
PERSONAL INJURY

110 Insurance

2

DEF

(Place an “X” in One Box for Plaintiff

FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881
690 Other

365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury

BANKRUPTCY

375 False Claims Act

423 Withdrawal
28 USC 157

376 Qui Tam (31 USC
3729(a))
400 State Reapportionment

PROPERTY RIGHTS

410 Antitrust

820 Copyrights

Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY

430 Banks and Banking

830 Patent
835 Patent - Abbreviated
New Drug Application
840 Trademark
SOCIAL SECURITY

LABOR

370 Other Fraud

371 Truth in Lending
355 Motor Vehicle
380 Other Personal
Product Liability
Property Damage
360 Other Personal
385 Property Damage
Injury
Product Liability
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
Habeas Corpus:
440 Other Civil Rights
463 Alien Detainee
441 Voting
510 Motions to Vacate
442 Employment
Sentence
443 Housing/
530 General
Accommodations
535 Death Penalty
445 Amer. w/DisabilitiesOther:
Employment
540 Mandamus & Other
446 Amer. w/Disabilities550 Civil Rights
Other

710 Fair Labor Standards
Act

OTHER STATUTES

422 Appeal 28 USC 158

861 HIA (1395ff)
862 Black Lung (923)

450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV

720 Labor/Management
Relations

863 DIWC/DIWW (405(g))

850 Securities/Commodities/
Exchange

740 Railway Labor Act

864 SSID Title XVI

890 Other Statutory Actions

751 Family and Medical
Leave Act

865 RSI (405(g))

891 Agricultural Acts

790 Other Labor Litigation
791 Employee Retirement
Income Security Act
IMMIGRATION

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609

462 Naturalization Application
465 Other Immigration
Actions

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

555 Prison Condition

448 Education

560 Civil Detainee Conditions of
Confinement

V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding

2 Removed from
State Court

3

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
LitigationTransfer

8 Multidistrict
Litigation Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

35 U.S.C. § 271; 28 U.S.C. §§ 2201 and 2202; 15 U.S.C. § 1051 et seq and § 1125; Cal. Bus. & Prof. Code §§ 17200 and 17500
Brief description of cause:

Patent Infringement; No Trademark Infringement; Trademark Invalidity
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE May 11, 2018
FOR OFFICE USE ONLY
RECEIPT #

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.

CHECK YES only if demanded in complaint:
Yes
No
JURY DEMAND:

DEMAND $

(See instructions):

DOCKET NUMBER

JUDGE
SIGNATURE OF ATTORNEY OF RECORD

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 06/17)

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:
I.(a)

(b)

(c)

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)".

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 of jurisdiction, 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

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 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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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 are 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.