Personalized Media Communications, L.L.C. v. Zynga, Inc.

Filing 1

COMPLAINT for Patent Infringement against Zynga, Inc. ( Filing fee $ 350 receipt number 0540-3442905.), filed by Personalized Media Communications, L.L.C.. (Attachments: # 1 Exhibit 1- Part 1 US Patent No. 7797717, # 2 Exhibit 1- Part 2 US Patent No. 7797717, # 3 Exhibit 1- Part 3 US Patent No. 7797717, # 4 Exhibit 2- Part 1 US Patent No. 7908638B1, # 5 Exhibit 2- Part 2 US Patent No. 7908638B1, # 6 Exhibit 2- Part 3 US Patent No. 7908638B1, # 7 Exhibit 3- Part 1 US Patent No. 7734251, # 8 Exhibit 3- Part 1 US Patent No. 7734251, # 9 Exhibit 4- Part 1 US Patent No. 7860131, # 10 Exhibit 4- Part 2 US Patent No. 7860131, # 11 Civil Cover Sheet)(Govett, Brett)

CIVIL COVER SHEET

JS 44 (Rev. 09/11)

The JS 44 civil cover sheet and the infonnation 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 fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk of Court for the purpose ofmitiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)

DEFENDANTS

I. (a) PLAINTIFFS

ZYNGA, Inc.

Personalized Media Communications, LLC
(b) County of Residence of First Listed Plaintiff Fort Bend County
(EXCEPT IN u.s PLAINTIFF CASES)

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY)

NOTE:

(C) Anorney.s (fJrm Name, Address, gpd Telephon,e NU"1ber)
IS< JaworsKi, LLP, 2200

Brett c. Govett, Esq., Fulbright
2800; Dallas, Texas 75201

II. BASIS OF JURISDICTION

o

I

Ross Ave, Suite

(Place an "X" in One Box Only)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (IfKnown)

III. CITIZENSHIP OF PRINCIPAL PARTIES (place an "X" in One BoxforPlaintiff)
(For Diversity Cases Only)

u.s. Government

~ 3 Federal Question

and One Box for Defendant)

o

2

o

U.S. Government
Defendant

o

o
o

o
o
o
o
o
o
o

o
o
o

110 Insurance
120Marine
130 Miller Act

PERSONAL INJURY
310 Airplane
0 315 Airplane Product

o

151 Medicare Act
152 Recovery of Defaulted

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367

&

&

0 330 Federal Employers'
Liability

0

2

o

3

0

3

Incorporated and Principal Place
of Business In Another State

o

5

0

5

Foreign Nation

o

6

0

6

0 625 Drug Related Seizure
of Property 21 USC 881
0 690 Other

~:::a~:~Cal

0 422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

o

I

Original
Proceeding

o

0 375 False Claims Act
400 State Reapportionment
0 410 Antitrust

o

hl it~:ili%~cm~}R~[{t:~:R~Ji !l:Ri 'i.~iiRI~!i:[ilciWiiiill. g:;~ ~~;:~:c~ Banking

Personal Injury
Product Liability
0 368 Asbestos Personal

0 820 Copyrights

0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations

l1'I 830 Patent
0 840 Trademark

~~~!lI~~~ilIil1il1.~~~~.~!i¥liii1i!!i!!~
Injury Product
Liability
'"
S€fI!i'Il\iJ§iSlill!i'l1JRI!IWllitIlittifiSN
PERSONAL PROPERTY 0 710 Fair Labor Standards
0 861 HIA (I 395ft)
0 370 Other Fraud
Act
0 862 Black Lung (923)
0 371 Truth in Lending
0 720 Labor/Mgmt. Relations
0 863 DIWCIDIWW (405(g))
0 380 Other Personal
0 740 Railway Labor Act
0 864 ssm Title XVI
Property Damage
0 751 Family and Medical
0 865 RSI (405(g))
0 385 Property Damage
Leave Act
Product Liability
0 790 Other Labor Litigation
0 791 Emp!. Ret. Inc.
"\DSIJRlWBlt'lR@»l1l:«tTht'4i'iliWFcc,c< '''YS#:€tNmBm1J~mI1Sti;;Stiy c:y WJ!R1S(;IlllER.illEmtmtOlllSlil
Security Act
"'IiW=I:iilil"',EID"'·""E"'.'RA"'i"'n"'E:""·%Dl""~"'\"'J"'S:t!ll"'.,"'1E::::S"'W"'F"",j"
210 Land Condemnation
o 440 Other Civil Rights
0 510 Motions to Vacate
0 870 Taxes (U.S. Plaintiff
220 Foreclosure
o 441 Voting
Sentence
or Defendant)
230 Rent Lease & Ejectment
o 442 Employment
Habeas Corpus:
0 871 IRS-Third Party
240 Torts to Land
o 443 Housing!
0 530 General
26 USC 7609
Accommodations
0 535 Death Penalty
245 Tort Product Liability
:<c'<:<Sft;;~(}RATIOlll:.Wlll:11
290 All Other Real Property
o 445 Amer. wlDisabilities - 0 540 Mandamus & Other o 462 Naturalization Application
Employment
0 550 Civil Rights
o 463 Habeas Corpus Alien Detainee
o 446 Amer. wlDisabilities - 0 555 Prison Condition
Other
0 560 Civil Detainee (Prisoner Petition)
o 448 Education
Conditions of
o 465 Other Immigration
Confinement
Actions
Student Loans
(Exc!. Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

V. ORIGIN

o

2

DEF
0 4

(Place an "X" in One Box Only)

g::~ ~:~~~:~:i~U:;=;:"ent 0 320 ~~:~~:{Libel
Enforcement of Judgment
Slander
o

o

PTF
0 4

Incorporated or Principal Place
of Business In This State

(Indicate Citizenship ofParties in l1em Ill)

IV. NATURE OF SUIT

o
o

4 Diversity

Citizen oflbis State

Citizen of Another State

(U.S. Government Not a Party)

DEF
0 I

Citizen or Subject of a
Forei n Coun

Plaintiff

PTF
0 I

0 340 Marine
0 345 Marine Product
Liability
0 350 Motor Vebicle
0 355 Motor Vehicle
Product Liability
0360 Other Personal
Injury
o 362 Personal Injury Med. Malpractice

0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom ofinformation
Act
0 896 Arbitration
0 899 Administrative Procedure
ActlReview or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes

.
Transferred from
Remanded from
0 4 Remstated or 0 5 another district
0 6 Multidistrict
State Court
Appellate Court
Reopened
s eci
Litigation
Cite the U.S. Civil Statute under which you are filing. (Do not cite jurisdictional statutes unless diversity):

(place an "X" in One Box Only)

2 Removed from

VI. CAUSE OF ACTION

0

3

28 U.S.C. 1331; 28 U.S.C. 1338 a; 345 U.S.C. 271
Brief description of cause:

Patent Infrin ement

VII. REQUESTED IN
o CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
IF ANY

DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND:
G!l: Yes
0 No
DOCKET NUMBER

DATE

02/10/2012
FOR OFFICE USE ONLY
RECEIPT #

----

AMOUNT

-------

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 09/11)

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) ofplaintiffand defendant. Ifthe plaintiffor defendant is a government agency, use only
the full name or standard abbreviations. Ifthe plaintiffor 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 ofland involved.)
(c) Attorneys. Enter the finn name, address, telephone number, and attorney of record. Ifthere 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 ofjurisdiction, 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 ofCongress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiffor 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) ofPrincipal Parties. This section ofthe JS 44 is to be completed ifdiversity ofcitizenship 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
IV.
sufficient 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.

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 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 ofAction. Report the civil statute directly related to the cause ofaction and give a briefdescription ofthe 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 numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.