Case 6:15-cv-01095 Document 1 Filed 11/30/15 Page 1 of 13 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

PAPST LICENSING GMBH & CO. KG,

Plaintiff,
v.
APPLE, INC.,
Defendant.

Civil Action No. 6:15-cv-1095

Jury Trial Demanded

ORIGINAL COMPLAINT
Plaintiff Papst Licensing GmbH & Co., KG (Papst Licensing or Plaintiff) files this
Complaint against Apple, Inc. (Apple or Defendant) for infringement of U.S. Patent Nos.
6,473,399 (the 399 Patent); 8,504,746 (the 746 Patent); 8,966,144 (144 Patent); and
9,189,437 (the 437 Patent) (collectively, the Patents).
I. PARTIES
1.

Plaintiff Papst Licensing is a company existing under the laws of the Federal

Republic of Germany, with its principal place of business located at Bahnofstrasse 33, 78112 St.
Georgen, Germany.
2.

Upon information and belief, Defendant Apple, Inc. is a corporation organized

under the laws of the State of California, with its principal places of business located at 1 Infinite
Loop, Cupertino, CA 95014. Apple, Inc. also has a place of business at 12545 Riata Vista Circle,
Austin, Texas 78727. Upon information and belief, Defendant Apple, Inc. is authorized to do
business in Texas. Apple, Inc. may be served by serving its registered agent CT Corporation
System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.

ORIGINAL COMPLAINT
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II. JURISDICTION AND VENUE

3.

This is an action for patent infringement which arises under 35 U.S.C. 271,

281, 284 and 285. This Court has subject matter jurisdiction over this action under 28 U.S.C.
1331 and 1338(a).
4.

This Court has personal jurisdiction over Apple, and venue is proper in this Court

pursuant to 28 U.S.C. 1391(b), (c), and 1400. This Court has personal jurisdiction over Apple
because, among other things, Apple has established minimum contacts within the forum such
that the exercise of jurisdiction over Apple will not offend traditional notions of fair play and
substantial justice. For example, Apple has placed products that practice and/or embody the
claimed inventions of the Patents into the stream of commerce with the reasonable expectation
and/or knowledge that purchasers and users of such products were located within this district. In
addition, Apple has sold, advertised, marketed, and distributed products in this district that
practice the claimed inventions of the Patents. Apple derives substantial revenue from the sale of
infringing products distributed within the district, and/or expects or should reasonably expect its
actions to have consequences within the district, and derive substantial revenue from interstate
and international commerce.
III. FACTUAL BACKGROUND
5.

The name Papst has been closely associated with patents and the protection of

intellectual property for over seventy years. Hermann Papst was an engineer and inventor who
was responsible for over four hundred patents in a variety of technical fields. Mr. Hermann
Papsts licensure of a patent pertaining to loudspeakers enabled him to launch Papst-Motoren
GmbH & Co. KGa business that generated over six hundred patents on in-house products such
as small electric motors and cooling fans. In 1992, Papst-Motorens patent portfolio was sold to

ORIGINAL COMPLAINT
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Papst Licensing, a company founded by Mr. Hermann Papsts son, Mr. Georg Papst. Papst
Licensing is a patent licensing company protecting its own and others intellectual property
rights. After Hermann Papsts death in 1981 and the passing of Georg Papst in 2012, the family
business is now run by the third generation of Papsts.
6.

The 399 Patent was filed on March 3, 1998 and issued on October 22, 2002. The

746 Patent was filed on September 27, 2010 and issued on August 6, 2013. The 144 Patent was
filed on August 24, 2006 and issued on February 24, 2015. The 437 Patent was filed on August
24, 2006 and issued on November 17, 2015. The 399, 746, 144 and 437 Patents are generally
directed towards methods and systems for the transfer of data and in particular to interface
devices for communication between a computer or host device and a data transmit/receive device
from which data is to be acquired or with which two-way communication is to take place.
7.

Papst Licensing acquired the Patents through its predecessor-in-interest,

Labortechnik Tasler GmbHa pioneer and leader in the area of interface devices and software.
8.

Plaintiff Papst Licensing has obtained all substantial right and interest to the

Patents, including all rights to recover for all past and future infringements thereof.
9.

On or around August 29, 2007, Papst Licensing notified Apple of certain Papst

Licensing patents, specifically including the 399 Patent and its infringement thereof. The parties
exchanged correspondence thereafter until mid-2010 regarding Apples infringement.
10.

On information and belief, Apple has monitored Papsts patent prosecution

activities at least since being notified of its infringement of the 399 Patent and thus has had
actual or constructive knowledge of the 746, 144 and 437 Patents. In all events, Apple has
knowledge of the 746, 144 and 437 Patents by virtue of service of this complaint.

ORIGINAL COMPLAINT
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11.

Apple has infringed and continues to infringe the Papst Patents by making,

selling, offering for sale, importing, and using products and software in an infringing manner,
including but not limited to Apples iPad, iPod and iPhone products, as well as any other
products operating in a substantially similar manner. Moreover, Apple provides its customers
with the accused software and instructs its customers to use the software in an infringing manner,
including through its website at https://support.apple.com/manuals/.
12.

In addition, Apple knowingly, actively induced and continues to knowingly

actively induce (or is willfully blind to the) infringement of one or more of the Patents within
this district by making, using, offering for sale, and selling infringing products, as well as by
contracting with others to use, market, sell, and offer to sell infringing products, all with
knowledge of the asserted Patents, and their claims, with knowledge that their customers will
use, market, sell, and offer to sell infringing products in this district and elsewhere in the United
States, and with the knowledge and specific intent to encourage and facilitate infringing sales
and use of the products by others within this district and the United States by creating and
disseminating promotional and marketing materials, instructional materials, and product
manuals, and technical materials related to the infringing products.
13.

Moreover, Apple knowingly contributed to the infringement of one or more of the

Patents by others in this district, and continues to contribute to the infringement of one or more
of the Patents by others in this district by selling or offering to sell components of infringing
products in this district, which components constitute a material part of the inventions of the
Patents, knowing of the Patents and their claims, knowing those components to be especially
made or especially adapted for use to infringe one or more of the Patents, and knowing that those

ORIGINAL COMPLAINT
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components are not staple articles or commodities of commerce suitable for substantial noninfringing use.
IV. PATENT INFRINGEMENT
COUNT I INFRINGEMENT OF U.S. PATENT NO. 6,473,399
14.

Papst Licensing is the assignee of the 399 Patent, entitled Flexible Interface For

Communication Between A Host And An Analog I/O Device Connected To The Interface
Regardless The Type Of The I/O Device, and holds all substantial rights in the same. Among
other rights, Papst Licensing maintains the exclusive right to exclude others, the exclusive right
to enforce, sue and recover damages for past and future infringements, and the exclusive right to
settle any claims of infringement.
15.

The 399 Patent is valid and enforceable.

16.

Apple has directly infringed and continues to infringe one or more claims of the

399 Patent in this judicial district and elsewhere in the United States by, among other things,
making, having made, importing, using, offering for sale, and/or selling the claimed system and
methods of the 399 Patent. At a minimum, Apple has been, and now is, infringing claims of the
399 Patent by making, importing and/or using infringing systems and/or methods. Apples
infringing products include, but are not limited to, Apples iPad, iPod and iPhone product lines
that are compliant with or use the protocol specifications Picture Transfer Protocol (PTP)
and/or Media Transfer Protocol (MTP) and therefore use and/or are capable of using said
protocols when connected to a host computer (e.g., via a Universal Serial Bus connection,
Bluetooth wireless connection and/or another physical layer connection where supported) (399
Infringing Products). Papst Licensing alleges that each and every element is literally present in

ORIGINAL COMPLAINT
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the 399 Infringing Products. To the extent not literally present, Papst Licensing reserves the
right to proceed under the doctrine of equivalents.
17.

Apple has indirectly infringed the 399 Patent by inducing the infringement of the

399 Patent. With knowledge of the 399 Patent, Apple directs and aids its customers in using the
399 Infringing Products by the provision of its products and software, and related equipment
and provision of instruction (including, by way of example, the tutorials, user guides, product
guides, and other documentation located at https://support.apple.com/manuals/) to customers
with knowledge that the induced acts constitute patent infringement. Apple possesses specific
intent to encourage infringement by its customers.
18.

Apple has contributed to the infringement of, and continues to contribute to the

infringement of, one or more claims of the 399 Patent under 35 U.S.C. 271(c) and/or 271(f),
either literally and/or under the doctrine of equivalents, by selling, offering for sale, and/or
importing into the United States, the 399 Infringing Products. Apple knows that those products:
constitute a material part of the inventions claimed in the 399 Patent; are especially made or
adapted to infringe the 399 Patent; are not staple articles or commodities of commerce suitable
for non-infringing use, but rather the components are used for or in systems that infringe one or
more claims of the 399 Patent.
19.

Papst Licensing has been damaged as a result of Apples infringing conduct.

Apple is thus liable to Papst Licensing in an amount that adequately compensates it for Apples
infringements, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. 284.

ORIGINAL COMPLAINT
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COUNT II INFRINGEMENT OF U.S. PATENT NO. 8,504,746

20.

Papst Licensing is the assignee of the 746 Patent, entitled Analog Data

Generating And Processing Device For Use With A Personal Computer, and holds all
substantial rights in the same. Among other rights, Papst Licensing maintains the exclusive right
to exclude others, the exclusive right to enforce, sue and recover damages for past and future
infringements, and the exclusive right to settle any claims of infringement.
21.

The 746 Patent is valid and enforceable.

22.

Apple has directly infringed and continues to infringe one or more claims of the

746 Patent in this judicial district and elsewhere in the United States by, among other things,
making, having made, importing using, offering for sale, and/or selling the claimed systems and
methods. At a minimum, Apple has been, and now is, infringing claims of the 746 Patent by
making, having made, importing and/or using infringing systems and/or methods. Apples
infringing products include, but are not limited to, Apples iPad, iPod and iPhone product lines
that are compliant with or use the protocol specifications Picture Transfer Protocol (PTP)
and/or Media Transfer Protocol (MTP) and therefore use and/or are capable of using said
protocols when connected to a host computer (e.g., via a Universal Serial Bus connection,
Bluetooth wireless connection and/or another physical layer connection where supported) (746
Infringing Products). Papst Licensing alleges that each and every element is literally present in
the 746 Infringing Products. To the extent not literally present, Papst Licensing reserves the
right to proceed under the doctrine of equivalents.
23.

Apple has indirectly infringed the 746 Patent by inducing the infringement of the

746 Patent. With knowledge of the 746 Patent, Apple directs and aids its customers in using the
746 Infringing Products by the provision of its products and software, and related equipment

ORIGINAL COMPLAINT
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and provision of instruction (including, by way of example, the tutorials, user guides, product
guides, and other documentation located at https://support.apple.com/manuals/) to customers
with knowledge that the induced acts constitute patent infringement. Apple possesses specific
intent to encourage infringement by its customers.
24.

Apple has contributed to the infringement of, and continues to contribute to the

infringement of, one or more claims of the 746 Patent under 35 U.S.C. 271(c) and/or 271(f),
either literally and/or under the doctrine of equivalents, by selling, offering for sale, and/or
importing into the United States, the 746 Infringing Products. Apple knows that those products:
constitute a material part of the inventions claimed in the 746 Patent; are especially made or
adapted to infringe the 746 Patent; are not staple articles or commodities of commerce suitable
for non-infringing use, but rather the components are used for or in systems that infringe one or
more claims of the 746 Patent.
25.

Papst Licensing has been damaged as a result of Apples infringing conduct.

Apple is thus liable to Papst Licensing in an amount that adequately compensates it for Apples
infringements, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. 284.
COUNT III INFRINGEMENT OF U.S. PATENT NO. 8,966,144
26.

Papst Licensing is the assignee of the 144 Patent, entitled Analog Data

Generating And Processing Device Having A Multi-Use Automatic Processor, and holds all
substantial rights in the same. Among other rights, Papst Licensing maintains the exclusive right
to exclude others, the exclusive right to enforce, sue and recover damages for past and future
infringements, and the exclusive right to settle any claims of infringement.
27.

The 144 Patent is valid and enforceable.

ORIGINAL COMPLAINT
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Case 6:15-cv-01095 Document 1 Filed 11/30/15 Page 9 of 13 PageID #: 9

28.

Apple has directly infringed and continues to infringe one or more claims of the

144 Patent in this judicial district and elsewhere in the United States by, among other things,
making, having made, importing, using, offering for sale, and/or selling the claimed system and
methods of the 144 Patent. At a minimum, Apple has been, and now is, infringing claims of the
144 Patent by making, having made, importing and/or using infringing systems and/or methods.
Apples infringing products include, but are not limited to, Apples iPad, iPod and iPhone
product lines that are compliant with or use the protocol specifications Picture Transfer Protocol
(PTP) and/or Media Transfer Protocol (MTP) and therefore use and/or are capable of using
said protocols when connected to a host computer (e.g., via a Universal Serial Bus connection,
Bluetooth wireless connection and/or another physical layer connection where supported) (144
Infringing Products). Papst Licensing alleges that each and every element is literally present in
the 144 Infringing Products. To the extent not literally present, Papst Licensing reserves the
right to proceed under the doctrine of equivalents.
29.

Apple has indirectly infringed the 144 Patent by inducing the infringement of the

144 Patent. With knowledge of the 144 Patent, Apple directs and aids its customers in using the
144 Infringing Products by the provision of its products and software, and related equipment
and provision of instruction (including, by way of example, the tutorials, user guides, product
guides, and other documentation located at https://support.apple.com/manuals/) to customers
with knowledge that the induced acts constitute patent infringement. Apple possesses specific
intent to encourage infringement by its customers.
30.

Apple has contributed to the infringement of, and continues to contribute to the

infringement of, one or more claims of the 144 Patent under 35 U.S.C. 271(c) and/or 271(f),
either literally and/or under the doctrine of equivalents, by selling, offering for sale, and/or

ORIGINAL COMPLAINT
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Case 6:15-cv-01095 Document 1 Filed 11/30/15 Page 10 of 13 PageID #: 10

importing into the United States, the 144 Infringing Products. Apple knows that those products:
constitute a material part of the inventions claimed in the 144 Patent; are especially made or
adapted to infringe the 144 Patent; are not staple articles or commodities of commerce suitable
for non-infringing use, but rather the components are used for or in systems that infringe one or
more claims of the 144 Patent.
31.

Papst Licensing has been damaged as a result of Apples infringing conduct.

Apple is thus liable to Papst Licensing in an amount that adequately compensates it for Apples
infringements, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. 284.
COUNT IV INFRINGEMENT OF U.S. PATENT NO. 9,189,437
32.

Papst Licensing is the assignee of the 437 Patent, entitled Analog Data

Generating And Processing Device For Use With A Personal Computer, and holds all
substantial rights in the same. Among other rights, Papst Licensing maintains the exclusive right
to exclude others, the exclusive right to enforce, sue and recover damages for past and future
infringements, and the exclusive right to settle any claims of infringement.
33.

The 437 Patent is valid and enforceable.

34.

Apple has directly infringed and continues to infringe one or more claims of the

437 Patent in this judicial district and elsewhere in the United States by, among other things,
making, having made, importing using, offering for sale, and/or selling the claimed systems and
methods. At a minimum, Apple has been, and now is, infringing claims of the 437 Patent by
making, having made, importing and/or using infringing systems and/or methods. Apples
infringing products include, but are not limited to, Apples iPad, iPod and iPhone product lines
that are compliant with or use the protocol specifications Picture Transfer Protocol (PTP)

ORIGINAL COMPLAINT
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Case 6:15-cv-01095 Document 1 Filed 11/30/15 Page 11 of 13 PageID #: 11

and/or Media Transfer Protocol (MTP) and therefore use and/or are capable of using said
protocols when connected to a host computer (e.g., via a Universal Serial Bus connection,
Bluetooth wireless connection and/or another physical layer connection where supported) (437
Infringing Products). Papst Licensing alleges that each and every element is literally present in
the 437 Infringing Products. To the extent not literally present, Papst Licensing reserves the
right to proceed under the doctrine of equivalents.
35.

Apple has indirectly infringed the 437 Patent by inducing the infringement of the

437 Patent. With knowledge of the 437 Patent, Apple directs and aids its customers in using the
437 Infringing Products by the provision of its products and software, and related equipment
and provision of instruction (including, by way of example, the tutorials, user guides, product
guides, and other documentation located at https://support.apple.com/manuals/) to customers
with knowledge that the induced acts constitute patent infringement. Apple possesses specific
intent to encourage infringement by its customers.
36.

Apple has contributed to the infringement of, and continues to contribute to the

infringement of, one or more claims of the 437 Patent under 35 U.S.C. 271(c) and/or 271(f),
either literally and/or under the doctrine of equivalents, by selling, offering for sale, and/or
importing into the United States, the 437 Infringing Products. Apple knows that those products:
constitute a material part of the inventions claimed in the 437 Patent; are especially made or
adapted to infringe the 437 Patent; are not staple articles or commodities of commerce suitable
for non-infringing use, but rather the components are used for or in systems that infringe one or
more claims of the 437 Patent.
37.

Papst Licensing has been damaged as a result of Apples infringing conduct.

Apple is thus liable to Papst Licensing in an amount that adequately compensates it for Apples

ORIGINAL COMPLAINT
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infringements, which, by law, cannot be less than a reasonable royalty, together with interest and
costs as fixed by this Court under 35 U.S.C. 284.
V. WILLFULNESS
38.

Papst Licensing alleges upon information and belief that Apple has knowingly or

with reckless disregard willfully infringed the 399 Patent. Apples knowledge includes
knowledge of the 399 Patent by virtue of Papst Licensing having notified Apple of its infringing
acts. Apple acted with knowledge of the 399 Patent and despite an objectively high likelihood
that its actions constituted infringement of Papst Licensings valid patent rights.
39.

This objectively-defined risk was either known or so obvious that is should have

been known to Apple. Papst Licensing seeks enhanced damages pursuant to 35 U.S.C. 284.
VI. JURY DEMAND
40.

Papst Licensing demands a trial by jury of all matters to which it is entitled to trial

by jury, pursuant to FED. R. CIV. P. 38.

VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff Papst Licensing prays for judgment and seeks relief against
Defendant as follows:
a.

b.

c.
d.

Judgment that one or more claims of U.S. Patent Nos. 6,473,399; 8,504,746;
8,966,144; and 9,189,437 have been infringed, either literally and/or under the
doctrine of equivalents, by Defendant;
Award Plaintiff past and future damages together with prejudgment and postjudgment interest to compensate for the infringement by Defendant of the Patents
in accordance with 35 U.S.C. 284, and increase such award by up to three times
the amount found or assessed in accordance with 35 U.S.C. 284;
That the Court declare this an exceptional case and award Plaintiff its reasonable
attorneys fees and costs in accordance with 35 U.S.C. 285; and
That Plaintiff be granted such other and further relief as the Court may deem just
and proper under the circumstances.

ORIGINAL COMPLAINT
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Dated: November 30, 2015

Respectfully submitted,

/s/ Christopher V. Goodpastor__________

Christopher V. Goodpastor
Texas State Bar No. 00791991
LEAD ATTORNEY
Andrew G. DiNovo
Texas State Bar No. 00790594
Adam G. Price
State Bar No. 24027750
Jay D. Ellwanger
Texas State Bar No. 24036522
DiNovo Price Ellwanger & Hardy LLP
7000 N. MoPac Expressway, Suite 350
Austin, Texas 78731
Telephone: (512) 539-2626
Telecopier: (512) 539-2627
cgoodpastor@dpelaw.com
adinovo@dpelaw.com
aprice@dpelaw.com
jellwanger@dpelaw.com
ATTORNEYS FOR PLAINTIFF
PAPST LICENSING GMBH & CO. KG

ORIGINAL COMPLAINT
13

JS 44 (Rev. 12/12)

Case 6:15-cv-01095 Document 1-1 Filed 11/30/15 Page 1 of 2 PageID #: 14

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 NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

PAPST LICENSING GMBH & CO., KG

APPLE, INC.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

NON-US (GERMANY)

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

SANTA CLARA

(IN U.S. PLAINTIFF CASES ONLY)

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

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Christopher V. Goodpastor - DiNovo Price Ellwanger & Hardy, LLP
7000 N. MoPac Expressway, Suite 350
Austin, Texas 78731
Tel: (512) 539-2626

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

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

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

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

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

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

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
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans 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

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
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
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
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

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 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act

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
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

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

35 U.S.C. 271, 281, 284, and 285

VI. CAUSE OF ACTION Brief description of cause:

patent infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Christopher V. Goodpastor

11/30/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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MAG. JUDGE

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Case 6:15-cv-01095 Document 1-1 Filed 11/30/15 Page 2 of 2 PageID #: 15

JS 44 Reverse (Rev. 12/12)

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)

(b)

(c)

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.
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.)
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.Cv.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; NOTE: 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 clerk(s) 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 six 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.

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 actual dollar amount 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.