Apple Inc. v. Amazon.Com, Inc.

Filing 1

COMPLAINT with jury demand (summons issued) against Amazon.Com, Inc. ( Filing fee $ 350, receipt number 34611057676.) filed by Apple Inc.. (vlk, COURT STAFF) (Filed on 3/18/2011) (Additional attachment(s) added on 3/23/2011: # 1 Civil Cover Sheet) (vlk, COURT STAFF).

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Apple Inc. v. Amazon.Com, Inc. Doc. 1 Att. 1 CIVIL COVER SHEET I. (a$ PLAINTIFFS DEFENDANTS AMAZON.COM, INC. County of Residence of First Listed Defendant King County, Washington (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LANDCONDEMNATION CASES, USETHE LOCATION OF THE LAND INVOLVED. APPLE INC. 'C C L C...; I - (b) County of Residence of First Listed Plaintiff Santa Clara County (EXCEPT IN U.S. PLAJNTIFF CASES) (c) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (If Known) O'Melveny & Myers LLP Two Embarcadero Center, 28th Floor San Francisco, CA 941 1 1 Tel. (415) 984-8700 I ". . ; ` *. iu i ir3 ( J c BMR 11. BASIS OF JURISDICTION (place a n U y in o n e BOX O I I I ~ ) 111. CITIZENSHIP OF PRINCIP (For Diversity Cases Only) PTF DEF I 2 Citizen of This State Citlzen of Another State 1 2 01 02 U.S. Government Pla~ntiff U.S Govanment Defendant 3 Federal Question (US. Governnient Not a Party) lyis; Foreign Natron (Place an "x" in One BOX for Plaintie and One Box for Defendant) Incorporated or Prrncipal Place of Bwiness In This State 04 PTF DEF 4 5 04 Diversity (Indicate Citizenship of Parties in Item 111) Incorporated ond PrincipalPlace of Business In Another State 05 0 6 0 ,8 : 1 Cltrzen or Subject of a Foreign Counhy 0 3 03 6 3 1. j IV. NATURE OF SUIT (place ~ I > . ~ in "o'n e BOX only) x TORTS J \ CONTRACT 0 11OInsurance I FORFEITUREIPENALTY1 BANKRUPTCY I OTHER STATUTES 430 Banks and Banking 0 120 Marine I i 0 I51 Medicare Act 0 0 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 O t h a Contract 370 Other Fraud Cormpt Organizations 480 Consumer Credit 490 CabkISat TV 810 Selective Service 850 Securities/Commodhiesl 0 0 & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. 891 Agrrultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act Determination 950 Constitutionality of State Statutes 465 Other Immigatlon V. ORIGIN rn I (Place an "X" in One Box Only) Original 0 2 Remved from 03 Remanded from Proceeding State Court Appellate Court 0 4 Reinstated or Reopened Transferred from 5 another district (specify) 6 Mult~district Litigation CAUSE OF VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY Trademark Infringment 0 CHECK IF THIS IS A CLASS ACTION II 1 Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 15 U.S.C. 1125 Brief description of cause: Appeal to District 7 Judge from Magistrate Judgment CHECK YES only if demanded in complaint: DEMAND % Injunctive / Monetary UNDER F.R.C.P. 23 JURY DEMAND: E Y e s 0 No l PLEASE REFER TO CIVIL L.R 3-12 CONCERNING REQUIREMENT TO FILE "NOTICE OF RELATED CASE". IX. DIVISIONAL ASSIGNMENT (CIVIL L.R. 3-2) (PLACE AND "x" IN ONE BOX ONLY) DATE I SAN FRANCISCO/OAKLAND ATTORNEY OF RECORD I SAN JOSE OEUREKA 3/18/2011 IS 44 Reverse (Rev. 12/07) I 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 ofcourt for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofcourt for each civil complaint tiled. The attorney filing a case should complete the form as follows: I. (a) Plaintifti-Defendants. Enter names (last, fust, middle initial) of plaintiff and defadant. 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 fust listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the fust 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 fm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". 11. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.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. ((IJurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and ofiicers 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 "Xuin 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 I 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 111 below; federal question actions take precedence over diversity cases.) 111. 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 clerks in the Administrative Ofiice to determine the nature of suit. If the cause fits more than one nature of suit, select the most defmitive. 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) Proceeding 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 !?om 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. Transfetred 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 ofTitle 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. 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 VI. 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 "Xu in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not ajury 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.

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