Trustees of Boston University v. Apple, Inc.

Filing 1

COMPLAINT against Apple, Inc. Filing fee: $ 400, receipt number 0101-4527400 (Fee Status: Filing Fee paid), filed by Trustees of Boston University. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Civil Category Form)(Belt, Erik) (Attachment 3 replaced on 7/11/2013) (Maynard, Timothy).

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 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

DEFENDANT(S)

TRUSTEES OF BOSTON UNIVERSITY

APPLE, INC.

(b) COUNTY OF RESIDENCE OF FIRST LISTED
PLAINTIFF Suffolk
(EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED
DEFENDANT _ _________________
(IN U.S. PLAINTIFF CASES ONLY)
NOTE:
IN LAND CONDEMNATION CASES, USE THE
LOCATION OF THE TRACT OF LAND
INVOLVED.

(c)

ATTORNEYS (FIRM NAME, ADDRESS, AND
TELEPHONE NUMBER)
Erik Paul Belt
McCarter & English, LLP
265 Franklin Street
Boston, MA 02210
[phone] Telephone
[phone] Facsimile

ATTORNEYS (IF KNOWN)

BASIS OF JURISDICTION (PLACE AN "X" IN ONE BOX ONLY)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN "X" IN ONE
(For Diversity Cases Only)
BOX FOR PLAINTIFF AND
ONE BOX FOR DEFENDANT)
PTF
DEF
PTF
DEF

II.

UNKNOWN

1 U.S. Government
Plaintiff

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

2 U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties
in Item III)

NATURE OF SUIT

REAL PROPERTY

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employ
ers' Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal Injury
CIVIL RIGHTS

Land Condemnation
Foreclosuure
Rent Lease & Ejectment
Torts to Land
Tort Product Liability
All Other Real Property

VI.

2

2

3

3

FORFEITURE/PENALTY
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

PERSONAL INJURY
362 Personal InjuryMed. Malpractice
365 Personal InjuryProduct 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

LABOR

PRISONER PETITIONS

441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
440 Other Civil Rights

ORIGIN
1 Original
Proceeding

Citizen of Another State

TORTS

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

V.

1

Incorporated or Principal Place
of Business In This State
Incorporated and Principal
Place of Business In Another
State
Foreign Nation

4
5

4
5

6

6

(PLACE AN "X" IN ONE BOX ONLY)

CONTRACT

210
220
230
240
245
290

1

Citizen or Subject of a
Foreign Country
IV.

Citizenship of This State

510 Motions to
Vacate Sentence
Habeus Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

.

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

BANKRUPTCY

423 Withdrawal
28 USC 157
PROPERTY RIGHTS

2 Removed from
State Court

CAUSE OF ACTION

3 Remanded from
Appellate Court

4 Reinstated or
Reopened

400
410
430
450
460
470
810
850

820 Copyrights
X 830 Patent
840 Trademark

875
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

891
892
893
894
895
900

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)

950

871 IRS - Third Party
26 USC 7609

890

(PLACE AN "X" IN ONE BOX ONLY)
Transferred from
5 another district
(specify)

OTHER STATUTES

422 Appeal 28 USC 158

6 Multidistrict
Litigation

State Reapportionment
Antitrust
Banks and Banking
Commerce/ICC Rates/etc.
Deportation
Racketeer Influenced and
Corrupt Organizations
Selective Service
Securities/Commodities/
Exchange
Customer Challenge 12
USC 3410
Agricultural Acts
Economic Stabilization Act
Environmental Matters
Energy Allocation Act
Freedom of
Information Act
Appeal of Fee
Determination Under Equal
Access to Justice
Constitutionality of
State Statutes
Other Statutory Actions

Appeal to
District Judge
7 from Magistrate Judge

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

35 U.S.C. § 271, et. seq. Trustees of Boston University accuse Apple, Inc., of infringing U.S. Patent No. 5,686,738
VII.

REQUESTED IN
COMPLAINT:

VIII.

RELATED CASE(S)
(See instructions):
IF ANY
JUDGE The Honorable Judge F. Dennis Saylor
Trustees of Boston University v. Everlight Electronics, Co., Ltd. et. al,; see also Ex. A

DATE
July 2, 2013

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DEMAND $ unspecified

CHECK YES only if demanded in complaint:
JURY DEMAND:
YES
NO

DOCKET NUMBER 1:12-cv-11935-FDS

SIGNATURE OF ATTORNEY OF RECORD
/s/ Erik Paul Belt

FOR OFFICE USE ONLY
RECEIPT #_________________ AMOUNT ___________________ APPLYING IFP ___________________ JUDGE ____________________ MAG. JUDGE _____________________________

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 IV 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.

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.

EXHIBIT A
RELATED CASES:
Trustees of Boston University vs. Everlight Electronics, Co., Ltd., and Everlight Americas, Inc. Civil Action
No. 1:12-cv-11935-FDS
Trustees of Boston University vs. Seoul Semiconductor Company, Ltd. and Seoul Semiconductor, North
America Civil Action No. 1:12-cv-11938-FDS
Trustees of Boston University vs. Epistar Corporation and LEDLight.com, LLC re Civil Action No. 1:12-cv12326-FDS
Trustees of Boston University vs. Lite-On Inc., et. al. re Civil Action No. 1:12-cv-12330-FDS
Trustees of Boston University vs. Samsung Electronics Co., Ltd., et. al. re Civil Action No. 1:13-cv-10659FDS
Trustees of Boston University vs. Amazon.com, Inc. re Civil Action No. 1:13-cv-11097-FDS
Trustees of Boston University vs. Arrow Electronics, Inc., et al. re Civil Action No. 1:13-cv-11105-FDS