Genentech, Inc. et al v. Apotex Inc.
Filing
1
COMPLAINT for Patent Infringement against Apotex Inc.. Filing fee $ 350.00 receipt number 113C-3770120, filed by Genentech, Inc., Roche Palo Alto LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit Exhibit "A" - '953 Patent)(Marod, Edward)
CIVIL COVER SHEET
JS 44 (Rev. 12,07)
The JS 44 civil cover sheet and the information contained herein neitherreplace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference oftite 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.)
DEFENDANTS
APOTEX INC.
1. (a) PLAINTIFFS
GENNTECH, INC. and ROCHE PALO ALTO LLC
(b)
County of Residence of First Listed Plaintiff -
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)
(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c)
Attorneys (If Known)
Attorney’s (Pine Name, Address, and Telephone Number)
Edward A. Marod, Esq., Edward A. Marod, PA., 400 S. Australian Avenue,
Suite 750, West Palm Beach, Florida 33401
II. BASIS OF JURISDICTION
III. CITIZENSHIP OF PRINCIPAL
(Place an"X"in One Box Only)
0 I U.S. Government
Plaintiff
N 3 Federal Question
0 2 U.S. Government
Defendant
(For Diversity Cases Only)
PTF DEF
Citizen of This State
0I
01
0 4 Diversity
(U.S. Government Not a Party)
PARTIES(PIace an "X" in One Box for Plaintiff
and One Box for Defendant)
PTF
DEE
0 4
04
Incorporated or Principal Place
of Business In This State
NATITRI1’ OF ’1 TIT em
v
n
CONTRACT,
I
0
0
0
0
0
0
0
0.
:1
REAL PROPERDs
0 210 Land Condemnation
0 220 Foreclosure
0 230 Rent tease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property
0
0
0
0
0
0
0
V. ORIGIN
I Original
Proceeding
0 2 Incorporated and Principal Place
of Business In Another State
0 5
05
03
0 3 Foreign Nation
0 6
06
ta
vi is
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 Oilier Personal
Injury
CIVIL RI(aHTS
441 Voting
442 Fiinployincnn
443 Housing!
Accommodations
444 Welfare
445 Amer. ".Disabilities .
Employment
446 Amer. w.’Disabilitics .
Other
440 Other Civil Rights
(Place an "X" in One Box Only)
El
2 Removed from
Stale Court
I
3
PERSONAL INJURY
0 362 Personal Injury Med. Malpractice
0 365 Personal Injury .
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
PRISONER PUTIONS
510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Oilier
550 Civil Rights
555 Prison Condition
0
0
0
0
0
0
Remanded from
Appellate Court
fl 4
0 (slO Agriculture
0 620 Other Food & Drug
0 625 Dreg Related Seizure
of Property 21 USC 881
0 630 Liquor Laws
0 640 R.R. & Truck
0 650 Airline Regs.
0 660 Occupational
Safety Health
0 690 Other
LAROR .
0 710 Fair Labor Standards
Act
0 720 Lubor.Tstgmt. Relations
0 730 Labor. Mgini.Reporting
& Disclosure Act
0 740 Railway Labor Act
0 790 Other Labor Litigation
0 791 EmpI. Rol. Inc.
Security Act
0 422 Appeal 28 USC 159
0 423 Withdrawal
211 USC 157
I
PROPERTY IIhETS
0 020 Copyrights
X 830 Potent
0 840 Trademark
SOCIAL SLORITY
0 861 HIA (1395ff)
0 862 Black Lung (923)
0 863 DIWC.DIWW (405(g))
0 864 SSID Title XVI
0 865 RSI (405(g))
FEDERAL TAX StIlTS
0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRSThird Party
26 USC 7609
IMMIGRATION
0 462 Naturalization Application
0 463 Habeas Corpus
Alien Detainee
0 465 Other Immigration
Actions
Reinstated or
Reopened
Cite the U.S. Civil Statute under which you are fi ling
(Do
Transferred from
5 another district
OTHER
0 400 State Reapportionment
0 410 Antitrust
0 430 Backs and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable Sat TV
0 810 Selective Service
0 850 Securities/Commodities:
Exchange
0 875 Customer Challenge
12 USC 3410
0 090 Other Statutory Actions
0 891 Agricultural Acts
0 892 Economic Stabilization Act
0 893 Environmental Matters
0 894 Energy Allocation Act
0 895 Freedom of Informaiton
Act
0 900Appeal of Fee Determination
Under Equal Access
to Justice
0 950 Constitutionality of
State Statutes
Appeal to District
Judge from
Magistrate
Judgment
173 6 Multidistrict
Litigation
(specify)
not cite jurisdictional statutes unless diversity):
Og1tDr’1..’7rtoQIIQ("
++f,-,flQrt’)
BANIJTCV,
PoRITNA1(
TORTS
0 ItO Insurance
0 120 Marine
0 130 Miller Act
J 140 Negotiable Instrument
0 150 Recosery of Os’erpayinlent
& Enforcement ofiudgmcnt
0 151 Medicare Act
0 152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
0 153 Recovery of Overpayment
of Veteran’s Benefits
0 160 Stockholders’ Suits
0 190 Other Contract
0 195 Contract Product Liability
0 196 Franchise
I
02
Citizen or Subject of
Foreign Country
IV
Citizen of Another State
(Indicate Citizenship of Panics in Item III)
1’7’7lnr,,41’7’70(o\
VI. CAUSE OF ACTION IBrief description ofcause:
VII.
RQUS1’LJ) IN
U
COMPLAINT:
VIII.
RELATED CASE(S)
IF ANY
CHECK IF THIS
UNDER F.R.C.P.
IS A CLASS ACTION
23
DEMAND %
CHECt YES only it OemanueU in complaint:
JURY DEMAND:
(See instructions): JUDGE
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
DATE
Is! Edward A. Marod, Esq.
05/19/2011
FOR OFFICE USE ONLY
RECEIPT 8
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
ri Yes
Qf No
JS 44 Rc\crsc (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:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
I.
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 Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one
II.
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (I) 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
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 III below; federal question actions take precedence over diversity cases.)
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
III.
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. (I) 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 eases 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.
litigation transfers.
(5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC. 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.
U.S. Civil Statute: 47 USC 553
Example:
unless diversity.
Brief Description: Unauthorized reception of cable service
VII.
Do not cite jurisdictional statutes
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.
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