Beacon Navigation GmbH v. Audi AG et al.

Filing 1

COMPLAINT filed with Jury Demand against Audi AG, Audi of America Inc., Audi of America LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-956865.) - filed by Beacon Navigation GmbH. (Attachments: # 1 Exhibit A-C, # 2 Civil Cover Sheet)(els)

CIVIL COVER SHEET

JS 44 (Rev. 12/07)

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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

BEACON NAVIGATION GMBH

AUDI AG; AUDI OF AMERICA, INC.; AND AUDI OF AMERICA, LLC

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number)

Elena C. Norman (#4780), Monté T. Squire (# 4764), James L.
Higgins (#5021) Young Conaway Stargatt & Taylor, LLP,1000 West Street,
17th Floor, Wilmington, DE 19801, [phone]

II. BASIS OF JURISDICTION

(Place an “X” in One Box Only)

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

1

U.S. Government
Plaintiff

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

(For Diversity Cases Only)
PTF
1
Citizen of This State

2

U.S. Government
Defendant

4 Diversity

Citizen of Another State

2

2

Incorporated and Principal Place
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

3

3

Foreign Nation

6

6

(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT
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
(Excl. 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

V. ORIGIN

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

DEF
1

(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
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights

FORFEITURE/PENALTY

PERSONAL INJURY
362 Personal Injury Med. Malpractice
365 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
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

Proceeding

2 Removed from
State Court

PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

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
463 Habeas Corpus Alien Detainee
465 Other Immigration
Actions

OTHER STATUTES
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 of Information
Act
900Appeal of Fee Determination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes

Appeal to District

(Place an “X” in One Box Only)

1 Original

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

3 Remanded from

4 Reinstated or

5 Transferred from
another district

6 Multidistrict

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

7 Judge from
Magistrate
Judgment

35 U.S.C. §§ 1, et seq.

VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement

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

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

JUDGE

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

DEMAND $

See attachment.

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Elena C. Norman

10/11/2011
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

The following related actions are being filed by Beacon Navigation GmbH today in the United
States District Court for the District of Delaware:
1. Beacon Navigation GmbH v. Audi AG, et al., C.A. No. _____;
2. Beacon Navigation GmbH v. Audi AG, et al., C.A. No. _____;
3. Beacon Navigation GmbH v. Bayerische Moteren Werke AG, et al., C.A. No. _____;
4. Beacon Navigation GmbH v. Bayerische Moteren Werke AG, et al., C.A. No. _____;
5. Beacon Navigation GmbH v. Chrysler Group LLC, C.A. No. _____;
6. Beacon Navigation GmbH v. Chrysler Group LLC, C.A. No. _____;
7. Beacon Navigation GmbH v. Ford Motor Company, C.A. No. _____;
8. Beacon Navigation GmbH v. Ford Motor Company, C.A. No. _____;
9. Beacon Navigation GmbH v. General Motors Company, C.A. No. _____;
10. Beacon Navigation GmbH v. General Motors Company, C.A. No. _____;
11. Beacon Navigation GmbH v. Honda Motor Co., Ltd., et al., C.A. No. _____;
12. Beacon Navigation GmbH v. Honda Motor Co., Ltd., et al., C.A. No. _____;
13. Beacon Navigation GmbH v. Hyundai Motor Company, et al., C.A. No. _____;
14. Beacon Navigation GmbH v. Hyundai Motor Company, et al., C.A. No. _____;
15. Beacon Navigation GmbH v. Jaguar Land Rover North America, LLC, et al., C.A.
No. _____;
16. Beacon Navigation GmbH v. Jaguar Land Rover North America, LLC, et al., C.A.
No. _____;
17. Beacon Navigation GmbH v. Kia Motors Corp., et al., C.A. No. _____;
18. Beacon Navigation GmbH v. Kia Motors Corp., et al., C.A. No. _____;
19. Beacon Navigation GmbH v. Mazda Motor Corporation, et al., C.A. No. _____;
20. Beacon Navigation GmbH v. Mazda Motor Corporation, et al., C.A. No. _____;
21. Beacon Navigation GmbH v. Daimler AG, et al., C.A. No. _____;
22. Beacon Navigation GmbH v. Daimler AG, et al., C.A. No. _____;
23. Beacon Navigation GmbH v. Nissan Motor Co., Ltd., et al., C.A. No. _____;
24. Beacon Navigation GmbH v. Nissan Motor Co., Ltd., et al., C.A. No. _____;
25. Beacon Navigation GmbH v. Dr. Ing. H.C. F. Porsche AG, et al., C.A. No. _____;
26. Beacon Navigation GmbH v. Dr. Ing. H.C. F. Porsche AG, et al., C.A. No. _____;
27. Beacon Navigation GmbH v. Saab Automobile AB, et al., C.A. No. _____;
28. Beacon Navigation GmbH v. Saab Automobile AG, et al., C.A. No. _____;
29. Beacon Navigation GmbH v. Fuji Heavy Industries Ltd., et al., C.A. No. _____;
30. Beacon Navigation GmbH v. Fuji Heavy Industries Ltd., et al., C.A. No. _____;
31. Beacon Navigation GmbH v. Suzuki Motor Corporation, et al., C.A. No. _____;
32. Beacon Navigation GmbH v. Suzuki Motor Corporation, et al., C.A. No. _____;
33. Beacon Navigation GmbH v. Toyota Motor Corporation, et al., C.A. No. _____;
34. Beacon Navigation GmbH v. Toyota Motor Corporation, et al., C.A. No. _____;
35. Beacon Navigation GmbH v. Volkswagen AG, et al., C.A. No. _____;
36. Beacon Navigation GmbH v. Volkswagen AG, et al., C.A. No. _____;
37. Beacon Navigation GmbH v. Volvo Car Corporation, et al., C.A. No. _____;
38. Beacon Navigation GmbH v. Volvo Car Corporation, et al., C.A. No. _____.

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 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) 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)”.
II.
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 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; 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 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 Office to determine 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.

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. (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.
Appeal 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 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.