X2Y ATTENUATORS, LLC v. INTEL CORPORATION et al

Filing 1

COMPLAINT against APPLE INC., HEWLETT-PACKARD COMPANY, INTEL CORPORATION (Filing fee $350, receipt number 0315-1981005), filed by X2Y ATTENUATORS, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit a, # 3 Exhibit b, # 4 Exhibit c, # 5 Exhibit d, # 6 Exhibit e) (dm)

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

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(b)

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County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

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

(c)

Attorneys (If Known)

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

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ÜÝ îðððì øîðî÷ îíçóíêìì

II. BASIS OF JURISDICTION

(Place an “X” in One Box Only)

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
Citizen of This State
1

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

3 Remanded from

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

(Place an “X” in One Box Only)

1 Original

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

4 Reinstated or

5 Transferred from
another district

Appeal to 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):

VI. CAUSE OF ACTION
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

7 Judge from
Magistrate
Judgment

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Brief description of cause:

כּ²¬ ·²º®·²¹»³»²¬

DATE

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

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

DEMAND $

JUDGE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

ñ- Ó·½¸¿»´ Öò ݸ¿°³¿²

ðëñíïñîðïï
FOR OFFICE USE ONLY
RECEIPT #

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

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44AREVISED June, 2009
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THIS CASE DESIGNATION SHEET MUST BE COMPLETED
PART A
This case belongs on the (
1. ERIE CALENDAR

Erie

Johnstown

Pittsburgh) calendar.

- If

cause of action arose in the counties of Crawford, Elk, Erie,
Forest, McKean. Venang or Warren, OR ¿²§ plaintiff or defendant resides in one of said
counties.

- If cause of action arose in the counties of Bedford, Blair,
Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
said counties.

2. JOHNSTOWN CALENDAR

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in Û®·»
resides in Û®·»
County.
County and that the д¿·²¬·ºº
4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in
County and that the
resides in
County.
PART B (You are to check ONE of the following)
1.
2.

This case is related to Number
. Short Caption
This case is not related to a pending or terminated case.

.

DEFINlTIONS OF RELATED CASES:
CIVIL: Civil cases are deemed related when a case filed relates to property included in
another suit or involves the same issues of fact or it grows out of the same transactions
as another suit or involves the validity or infringement of a patent involved in another
suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership
groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual
shall be deemed related. All pro se Civil Rights actions by the same individual shall be
deemed related.
PARTC
I. CIVIL CATEGORY (Place x in only applicable category).
1.
Antitrust and Securities Act Cases
2.
Labor-Management Relations
3.
Habea- corpus
4.
Civil Rights
5.
Patent, Copyright, and Trademark
6.
Eminent Domain
7.
All other federal question cases
All personal and property damage tort cases, including maritime, FELA,
8.
Jones Act, Motor vehicle, products liability, assault, defamation, malicious
prosecution, and false arrest
9.
Insurance indemnity, contract and other diversity cases.
10.
Government Collection Cases (shall include HEW Student Loans (Education),
V A
0verpayment, Overpayment of Social Security, Enlistment
Overpayment (Army, Navy, etc.),
HUD Loans, GAO Loans (Misc. Types),
Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine
Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation
Sheet are true and correct
Date: Ó¿§ íïô îðïï

ñ- Ó·½¸¿»´ Öò ݸ¿°³¿²
ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH SIDES MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.