Free Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00041-JJF

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1 2 3 4 5 6 7 8 9 AMAZON.COM, INC. and A9.COM, INC., 10 Plaintiffs, 11 v. 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 1. Plaintiffs Amazon.com, Inc. ("Amazon.com") and A9.com, Inc. ("A9.com") for their Complaint against Cendant Corporation ("Cendant"), Trilegiant Corporation ("Trilegiant"), Orbitz, LLC and Orbitz, Inc. ("Orbitz"), Budget Rent A Car System, Inc. ("Budget"), and Avis Rent a Car System, Inc. ("Avis"), allege the following: NATURE OF THE ACTION This is a civil action for the infringement of United States Patents Nos. CENDANT CORPORATION; TRILEGIANT CORPORATION; ORBITZ, LLC; ORBITZ, INC.; BUDGET RENT A CAR SYSTEM, INC.; and AVIS RENT A CAR SYSTEM, INC., DEMAND FOR JURY TRIAL COMPLAINT FOR PATENT INFRINGEMENT No. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

5,715,399 ("the `399 Patent"), 6,029,141 ("the `141 Patent"), 6,629,079 ("the `079 Patent"), and 6,625,609 ("the `609 Patent") (collectively, the "Patents- in-Suit"), brought pursuant to the patent laws of the United States, Title 35 of the United States Code.

COMPLAINT FOR PATENT INFRINGEMENT - 1

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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PARTIES Plaintiff Amazon.com is a corporation duly organized and existing under the

laws of Delaware, and has its principal place of business at 1200 Twelfth Avenue South, Seattle, Washington. Amazon.com is a leading online retailer providing consumers with the largest selection of products available for online purchase through the Internet. Since its launch in 1995, Amazon.com has been a pioneer in the field of electronic commerce ("ecommerce"). Industry observers have lauded Amazon.com's creative and innovative technological solutions in the field and the United States Patent and Trademark Office has issued to Amazon.com patents for its technical innovations. Amazon.com owns, by valid assignment, all rights, title and interest in the `399 Patent, the `141 Patent, and the `079 Patent. 3. Plaintiff A9.com is a corporation duly organized and existing under the laws of

Delaware, and has its principal place of business at 130 Lytton Avenue, Suite 300, Palo Alto, California 94301. A9.com is a wholly owned subsidiary of Amazon.com established to research and build innovative search technologies. A9.com owns, by valid assignment, all rights, title, and interest in the `609 Patent. 4. On information and belief, defendant Cendant is a Delaware corporation with

its principal place of business at Nine West Fifty-Seventh Street, New York, New York. On information and belief, defendant Cendant is a world-wide provider of real estate, travel, and marketing services. On information and belief, Cendant is the parent corporation owner in whole or in part of defendants Trilegiant, Orbitz, Budget, and Avis. Cendant has entered the e-commerce space with some of its businesses, which operate websites such as, for example www.orbitz.com and www.cheaptickets.com for travel services, www.avis.com and www.budget.com for car rentals, and www.netmarket.com and www.avgautostore.com for consumer goods among many others. Cendant, through its various real estate, travel, and

COMPLAINT FOR PATENT INFRINGEMENT - 2

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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marketing businesses, conducts business throughout the United States, including in this district. 5. On information and belief, defendant Trilegiant Corporation is a Delaware

corporation with its principal place of business at One Campus Drive, Parsippany, New Jersey. On information and belief, Trilegiant is the successor to Cendant Membership Services, Inc. and Cendant Incentives and is a wholly owned subsidiary of Cendant. Trilegiant describes itself as a membership-based provider of travel, shopping, health, dental, entertainment, and consumer protection services. Trilegiant provides products and services through its membership club and loyalty product businesses and programs. On information and belief, Trilegiant operates websites for its e-commerce businesses and programs, including but not limited to, www.trilegiantaffiliates.com, www.netmarket.com, www.completehome.com, and www.avgautostore.com, among others. On information and belief, Trilegiant transacts business, including operating its websites, selling discounted consumer goods, providing marketing services for other businesses, providing credit card and purchase protection services among other things, throughout the United States, including within the boundaries of this district. 6. On information and belief, defendants Orbitz, LLC and Orbitz, Inc. ("Orbitz")

are Delaware limited liability company and corporation with principal place of business at 200 South Wacker Drive, Chicago, Illinois. On information and belief, Orbitz is a wholly owned subsidiary of Cendant. Orbitz describes itself as an online travel company that provides customers with e-commerce tools for the selection and purchase of airline tickets, lodging, car rentals, cruises, vacation packages, and other travel services. On information and belief, Orbitz operates the www.orbitz.com website as part of its online travel business. Orbitz transacts business, including selling airline tickets, providing rental car and hotel reservations, and operating its website among other things, throughout the United States, including within the boundaries of this district.

COMPLAINT FOR PATENT INFRINGEMENT - 3

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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7.

On information and belief, defendant Budget Rent A Car System, Inc., is a

Delaware corporation with its principal place of business at Six Sylvan Way, Parsippany, New Jersey. On information and belief, Budget is a wholly owned subsidiary of Cendant. Budget describes itself as the owner and franchiser of one of the world's best-known car rental brands with nearly 2,000 car rental locations in the United States and other countries. On information and belief, Budget operates the www.budget.com website as part of its car rental business. Budget transacts business, including operating its website, renting cars and franchising its brand throughout the United States, including within the boundaries of this district. 8. On information and belief, defendant Avis Rent A Car System, Inc., is a

Delaware corporation with its principal place of business at Six Sylvan Way, Parsippany, New Jersey. On information and belief, Avis is a wholly owned subsidiary of Cendant. Avis describes itself as a general-use car rental business, providing customers with a wide range of car rental services. On information and belief, Avis operates the www.avis.com website as part of its car rental business. Avis transacts business, including operating its website, renting cars and operating car rental facilities at airports and other sites throughout the United States, including within the boundaries of this district. JURISDICTION 9. This is an action for patent infringement arising under the Patent Laws of the

United States, Title 35 of the United States Code. Therefore, this court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). VENUE 10. 1400(b). Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) and

COMPLAINT FOR PATENT INFRINGEMENT - 4

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

Case 1:06-cv-00041-JJF

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CLAIMS FOR RELIEF First Claim for Relief for Infringement of the `399 Patent Plaintiffs incorporate by reference Paragraphs 1 through 10 above as if fully

set forth herein. 12. On February 3, 1998, United States Patent No. 5,715,399, titled "Secure

Method and System for Communicating a List of Credit Cards Numbers Over a Non-Secure Network" was duly and legally issued to plaintiff Amazon.com. A copy of the `399 Patent is attached to this Complaint as Exhibit 1. Amazon.com has been and still is the owner of the `399 Patent, which is still in full force and effect. 13. Plaintiffs have provided statutory notice of the `399 Patent via a listing of the

patent number on one or more of their websites. 14. Upon information and belief, defendants Cendant, Trilegiant, Orbitz, and Avis

have been, currently are, and will continue to directly and/or indirectly infringe, solely or jointly with others, or induce others to infringe one or more claims of the `399 Patent by directly or indirectly, individually or jointly, using or causing to be used plaintiffs' patented credit card number transmission methods and systems in the operation of their businesses, including but not limited to the operation of the www.orbitz.com, www.avis.com, and www.avgautostore.com websites. 15. Defendants' acts of infringement are willful as defendants know or should

have known of the `399 Patent and that the operation of their businesses infringe the `399 Patent. 16. As a direct and proximate consequence of defendants' infringement and willful

infringement of the `399 Patent, plaintiffs have suffered and will continue to suffer irreparable injury and damages, in an amount not yet determined, for which plaintiffs are entitled to relief. Accordingly, pursuant to 35 U.S.C. § 284, plaintiffs are entitled to damages and treble

COMPLAINT FOR PATENT INFRINGEMENT - 5

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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damages. Plaintiffs are also entitled to preliminary and final injunctive relief against further infringement. Second Claim for Relief for Infringement of the `141 Patent 17. Plaintiffs incorporate by reference Paragraphs 1 through 16 above as if fully

set forth herein. 18. On February 22, 2000, United States Patent No. 6,029,141, titled "Internet-

based Customer Referral System" was duly and legally issued to plaintiff Amazon.com. A copy of the `141 Patent is attached to this Complaint as Exhibit 2. Amazon.com has been and still is the owner of the `141 Patent, which is still in full force and effect. 19. Plaintiffs have provided statutory notice of the `141 Patent via a listing of the

patent number on one or more of their websites. 20. Upon information and belief, defendants Cendant, Trilegia nt, Orbitz, and

Budget have been, currently are, and will continue to directly and/or indirectly infringe, individually or jointly with others, or induce others to infringe one or more claims of the `141 Patent by directly or indirectly, individually or jointly, using or causing to be used plaintiff's patented Internet-based customer referral methods and systems in the operation their online e-commerce businesses, including but not limited to the operation of the www.trilegiantaffiliates.com, www.orbitz.com, and www.budget.com websites. 21. Defendants' acts of infringement are willful as Cendant, Trilegiant, Orbitz,

and/or Budget know or should have known of the `141 Patent and that its online e-commerce businesses infringe the `141 Patent. 22. As a direct and proximate consequence of defendants' infringement and willful

infringement of the `141 Patent, plaintiffs have suffered and will continue to suffer irreparable injury and damages, in an amount not yet determined, for which plaintiffs are entitled to relief. Accordingly, pursuant to 35 U.S.C. § 284, plaintiffs are entitled to damages and treble

COMPLAINT FOR PATENT INFRINGEMENT - 6

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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damages. Plaintiffs are also entitled to preliminary and final injunctive relief against further infringement. Third Claim for Relief for Infringement of the `079 Patent 23. Plaintiffs incorporate by reference Paragraphs 1 through 22 above as if fully

set forth herein. 24. On September 30, 2003, United States Patent No. 6,629,079, titled "Method

and System for Electronic Commerce Using Multiple Roles" was duly and legally issued to plaintiff Amazon.com. A copy of the `079 Patent is attached to this Complaint as Exhibit 3. Amazon.com has been and still is the owner of the `079 Patent, which is still in full force and effect. 25. Upon information and belief, defendants Cendant and Orbitz have been,

currently are, and will continue to directly and indirectly infringe, individually or jointly with others, or induce others to infringe one or more claims of the `079 Patent by directly or indirectly, individually or jointly, using or caus ing to be used plaintiffs' patented multiple roles e-commerce methods and systems in the operation of their online e-commerce businesses, including but not limited to the operation of the www.orbitz.com website. 26. Defendants' acts of infringement are willful as Cendant and/or Orbitz know or

should have known of the `079 Patent and that their online businesses infringe the `079 Patent. 27. As a direct and proximate consequence of defendants' infringement and willful

infringement of the `079 Patent, plaintiffs have suffered and will continue to suffer irreparable injury and damages, in an amount not yet determined, for which plaintiffs are entitled to relief. Accordingly, pursuant to 35 U.S.C. § 284, plaintiffs are entitled to damages and treble damages. Plaintiffs are also entitled to preliminary and final injunctive relief against further infringement.

COMPLAINT FOR PATENT INFRINGEMENT - 7

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

Case 1:06-cv-00041-JJF

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Fourth Claim for Relief for Infringement of the `609 Patent Plaintiffs incorporate by reference Paragraphs 1 through 27 above as if fully

set forth herein. 29. On September 23, 2003, United States Patent No. 6,625,609, titled "Method

and System for Navigating Within a Body of Data Using One of a Number of Alternative Browse Graphs" was duly and legally issued to plaintiff Amazon.com. A copy of the `609 Patent is attached to this Complaint as Exhibit 4. Amazon.com has been the owner of the `609 Patent and duly transferred its ownership to plaintiff A9.com, who still retains full ownership of the `609 Patent. The `609 Patent is still in full force and effect. 30. Upon information and belief, defendants Cendant and Orbitz have been,

currently are, and will continue to directly and indirectly infringe, individually or jointly with others, or induce others to infringe one or more claims of the `609 Patent by directly or indirectly, individually or jointly, using or causing to be used plaintiff's patented browsegraph-based navigation methods and systems in the operation of their online e-commerce businesses, including but not limited to the operation of the www.orbitz.com website. 31. Defendants' acts of infringement are willful as Cendant and/or Orbitz know or

should have known of the `609 Patent and that their online businesses infringe the `609 Patent. 32. As a direct and proximate consequence of defendants' infringement and willful

infringement of the `609 Patent, plaintiffs have suffered and will continue to suffer irreparable injury and damages, in an amount not yet determined, for which plaintiffs are entitled to relief. Accordingly, pursuant to 35 U.S.C. § 284, plaintiffs are ent itled to damages and treble damages. Plaintiffs are also entitled to preliminary and final injunctive relief against further infringement.

COMPLAINT FOR PATENT INFRINGEMENT - 8

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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PRAYER FOR RELIEF WHEREFORE, plaintiffs Amazon.com and A9.com pray for the following relief against defendants: A. For entry of a judgment declaring that Cendant and Orbitz have infringed one

or more claims of the `399 Patent, the `141 Patent, the `079 Patent, and the `609 Patent, that defendant Trilegiant has infringed one or more claims of the `399 Patent and the `141 Patent, that defendant Avis has infringed one or more claims of the `399 Patent, and that defendant Budget has infringed one or more claims of the `141 Patent; B. For preliminary and permanent injunctive relief restraining and enjoining

defendants and the ir officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise, from any further infringement of the `399 Patent, the `141 Patent, the `079 Patent, and the `609 Patent; C. For damages to compensate plaintiffs for defendants' infringement, pursuant to

35 U.S.C. § 284, said damages to be trebled because of defendants' willful infringement; D. For an award of pre-judgment and post-judgme nt interest and costs to plaintiffs

in accordance with 35 U.S.C. § 284; E. For an award of plaintiffs' reasonable attorneys' fees pursuant to 35 U.S.C.

COMPLAINT FOR PATENT INFRINGEMENT - 9

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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F.

For such other and further relief as the Court may deem just and fair.

Dated: June 22, 2005. PRESTON GATES & ELLIS, LLP

By: David T. McDonald, WSBA # 5260 Lynn H. Pasahow (pending pro hac vice) J. David Hadden (pending pro hac vice) Darren E. Donnelly (pending pro hac vice) Hector Ribera (pending pro hac vice) FENWICK & W EST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Tel: (650) 988-8500 Fax: (650) 938-5200 Attorneys for Plaintiffs AMAZON.COM, INC. and A9.COM, INC.

COMPLAINT FOR PATENT INFRINGEMENT - 10

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38, plaintiff Amazon.com, Inc. demands a jury trial as to all matters triable of right by a jury. Dated: June 22, 2005. PRESTON GATES & ELLIS, LLP

By: David T. McDonald, WSBA # 5260 Lynn H. Pasahow (pending pro hac vice) J. David Hadden (pending pro hac vice) Darren E. Donnelly (pending pro hac vice) Hector Ribera (pending pro hac vice) FENWICK & W EST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Tel: (650) 988-8500 Fax: (650) 938-5200 Attorneys for Plaintiffs AMAZON.COM, INC. and A9.COM, INC.

COMPLAINT FOR PATENT INFRINGEMENT - 11

PRESTON GATES & ELLIS LLP
925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022

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Case 1:06-cv-00041-JJF

Document 39-5

Filed 01/23/2006

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Case 1:06-cv-00041-JJF

Document 39-5

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Case 1:06-cv-00041-JJF

Document 39-5

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OJS 44 (Rev. 11/04)

Case 1:06-cv-00041-JJF

Document 39-6 Filed CIVIL COVER SHEET 01/23/2006

Page 1 of 2

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 Amazon.com, Inc. and A9.com, Inc. (b) County of Residence of First Listed Plaintiff

King

DEFENDANTS Cendant Corporation; Trilegiant Corporation; Orbitz, LLC; Orbitz, Inc.; Budget Rent A Car System, Inc.; and Avis Rent A Car System, Inc. New York County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(EXCEPT IN U.S. PLAINTIFF CASES)

Attorneys (If Known) (c) Attorney's (Firm Name, Address, and Telephone Number) David T. McDonald, Preston Gates & Ellis LLP 925 Fourth Avenue, Suite 2900, Seattle, WA 98104, Tel: (206) 623-7580 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

DEF ' 1

and One Box for Defendant) PTF DEF Incorporated or Principal Place ' 4 '4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation

'2

U.S. Government Defendant

' 4 Diversity
(Indicate Citizenship of Parties in Item III)

Citizen of Another State

' 2 ' 3

' 2 ' 3

' 5 ' 6

' 5 ' 6

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT
CONTRACT

(Place an "X" in One Box Only) TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '

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

' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '

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

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

' 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

' 422 Appeal 28 USC 158 ' 423 Withdrawal
28 USC 157 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

' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '

' ' ' ' '

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

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

V. ORIGIN
$ 1 '
Original Proceeding

' 2

(Place an "X" in One Box Only)

Transferred from ' 6 Multidistrict another district Removed from Remanded from Reinstated or (specify) State Court Appellate Court Reopened Litigation Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

' 3

'4

' 5

' 7

Appeal to District Judge from Magistrate Judgment

VI. CAUSE OF ACTION

35 U.S.C. §§ 284, 285
Brief description of cause: DEMAND $ CHECK YES only if demanded in complaint: ' Yes ' No JURY DEMAND: DOCKET NUMBER

Infringement of Four U.S. Patents ' CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE IF ANY
DATE

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 11/04)

Case 1:06-cv-00041-JJF

Document 39-6

Filed 01/23/2006

Page 2 of 2

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 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. (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. 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 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.