Nokia Corporation et al v. Apple Inc.

Filing 1

COMPLAINT filed with Jury Demand against Apple Inc. - ( Filing fee $ 350, receipt number 0311-866968.) - filed by Nokia Corporation, Intellisync Corporation. (Attachments: # 1 Exhibit A - F, # 2 Civil Cover Sheet)(els)

Nokia Corporation et al v. Apple Inc.

Doc. 1 Att. 2

~JS

44 (Rev. 12/07)

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 ofthe United States in September 1974, is reqUired for the use of the Clerk of Court for the purpose ofmitiating the civil docket sheet. (SEE INSTRUCTIONS ON TIlE REVERSE OF THE FORM.)
I.

(a) PLAINTIFFS Nokia Corporation and Intellisync Corporation (b)
County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

DEFENDANTS

Apple Inc.
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF TIlE LAND INVOLVED.

(c)

Attorney's (Finn Name, Address, and Telephone Number)
Jack B. Blumenfeld, MORRIS, NICHOLS. ARSHT & TUNNELL LLP,

Attorneys (If Known)

1201 North Market Street, P.O. Box 1347. Wilmington, DE 19899-1347, [phone]

II. BASIS OF JURISDICTION

(place an "X" in One Box Only)

o

I

U.S. Government Plaintiff

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

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) DEF PTF DEF PTF Citizen of This State 0 I I Incorporated or Principal Place 0 4 0 4 of Business In This State

o

02

U.S. Government Defendant

o

4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

o

2

0

2

Incorporated and Principal Place of Business In Another State Foreign Nation

o o

5

0

5

Citizen or Subject of a Forei COUll

o

3

0

3

6

0

6

IV.

o 11 0 Insurance o 120 Marine o 130 Miller Act o 140 Negotiable Instrument o 150 Recovery of Overpayment & Enforcement ~"'"A'='>n" o 151 Medicare Act o 152 Recovery of Defaulted
o
Student Loans (Exc!. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability

o o o

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

PERSONAL INJURY 362 Personal Injury Med. Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud o 371 Truth in Lending 380 Other Personal Property Damage o 385 Property Damage Product Liability

o

o o

o 610 Agriculture o 620 Other Food & Drug o 625 Drug Related Seizure

o 630 Liquor Laws o 640 R.R. & Truck

of Property 21 USC 881

o o o o ~~~~:R\i~lmmg.i10 o
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157

o o

o o

~~~~~!~~f!.iiro~fft~!~i!liiiiii~Pffi~~!!!!!-10 740 Other Labor Litigation C 441 Voting 510 Motions to Vacate o 790 Railway Labor Act
o 220 Foreclosure o 230 Rent Lease & Ejectment o 240 Torts to Land o o 245 Tort Product Liability o 290 All Other Real Property o o o
442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. wIDisabilities Employment 446 Amer. wIDisabilities Other 440 Other Civil Rights Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 0 791 Emp!. Ret. Inc. Security Act

720 LaborlMgmt. Relations 730 LaborlMgmt.Reporting & Disclosure Act

o o 463 Habeas COlpUS AJien Detainee o 465 Other Immigration
Actions

o

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 810 Selective Service 850 Securities/Commodities! Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom ofinformation Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes

V. ORIGIN
~

1 Original Proceeding

o

(Place an "X" in One Box Only)

2 Removed from State Court

0

3

Remanded from Appellate Court

o

4 Reinstated or 0 Reopened

5 Transferr~d ~om anoth~r district
s eCI

0 6 Multidistrict Litigation

o

7

Appeal to DistrictJudge from Magistrate Jud ment

VI. CAUSE OF ACTION ~~----:......,....---".-----------------------------

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 35 U.S.C. Section 271

Brief description of cause: Patent Infringement

VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF DATE

o

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23
(See instructions):

DEMAND $

CHECK YES only if demanded in complaint:

JURy DEMAND:
DOCKET NUMBER

!iYes

0 No

ANY

JUDGE

The Honorable Gregory M. Sleet

09-791; 09-1002; 11-015

. March 28,2011
FOR OFFICE USE ONLY RECEIPT# _ _ _ _ _ AMOUNT _ _ _ _ _ _ __ APPLYING IFP JUDGE MAG. JUDGE

Dockets.Justia.com

JS 44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the infonnation 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 fonn, 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 fonn 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. Ifthe plaintiff or defendant is an official within a government agency, identify first the agency and then the official, givi~g.', 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 ofthe 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 ofland 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)". II. Jurisdiction. The basis ofjurisdiction 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 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 bol(", ),·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; 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. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be detennined, be sure the cause of action, in Section VI below, is sufficien~ IV. to enable the deputy clerk or the statistical clerks in the Administrative Office to detennine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. '.', V. Origin. Place an "X" in one of the seven boxes. ';';'"

briginal 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 petitidA:' 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 multidisti'iCt 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. iA.ppeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. 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 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 ifany. If there are related pending cases, insert the docket number;; and the corresponding judge names for such cases. ])ate and Attorney Signature. Date and sign the civil cover sheet.
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