Free Complaint - District Court of Delaware - Delaware

Case 1 :05—cv—00887-GIVIS Document 1-3 Filed 12/23/2005 Page 1 of 2
ears 44 (Rev. ll/O4) C] V | | COV
The JS 44 civil cover sheet_ and the infomation contained herein neither refplaec nor supplement the filing and seryice of pleadings or other papers as required bylaw, except as provided
by local rules of court. This form, approved by the Judicial Conference o the United States in September 1974, rs required for the use of the Clerk of Court for the purpose of initiating
thc ervrl docket sheet. (SEE INSTRUCTIONS ON THE REVERSE or THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS
lntervet, [D0 Merial Limited
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE; IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attomey`s (Firm Name, Address, and rrreprrerre Number) Attmcys (lf K¤¤~t¤>
SIQGATT A TAYLOR. LLP

Vt/tLv::n;L:n,De1:rv.;irs 196560391
II. BASIS OF JURISDICTION (Rare an in One Box Only) HI. CITIZENSHIP OF PRINCIPAL PARTIES(r>rdee an ··x·· in ore Era rdr rrrrrnrrrr
(For Diversity Cases Only) and One Box for Defendant)
Cl 1 U.Sr Govemment J 3 Federal Question PTF DEP PTF DEF
Plaintiff (U.S. GovernmentNot a Party) Citizen ofThis State CI 1 Cl 1 Incorporated or Principal Place Cl 4 Cl 4
of Business In This State
3 2 U.S. Govemmenl D 4 Diversity Citizen ofAnother State D 2 tj 2 Incorporated and Principal Place G 5 U 5
Dtt¤¤¤¤¤* rrrrrrrr.errrrsrrrrprrrrrrrsrr ltemIII) ¤*"B¤S"·==S5*¤A¤¤**·€r5*¤·¤
Citizen or Subject ofa D 3 Cl 3 Foreign Nation 3 6 1:] 6
Foreign Country
IV. NATURE OF SUIT (Place an in One Box Onlvl
FORFEITURE/PENALTY
Cl 1 10 Insurance PERSONAL INJURY PERSONAL INJURY D 610 Agriculture Cl 422 Appeal 28 USC 158 C] 400 State Reapportionment
CI 120 Marine C] 310 Airplane C1 362 Personal Injury - Cl 620 Other Food & Drug CI 423 Withdrawal G 410 Antitrust
:1 130 Miller Act CI 315 Airplane Product Med. Malpractice CI 625 Dnrg Related Seizure 28 USC 157 CI 430 Banks and Banking
[I 140 Negotiable Instrument Liability D 365 Personal Injury — ofProperty 21 USC 881 C] 450 Commerce
3 150 Recovery of Overpayment C} 320 Assault. Libel & Product Liability D 630 Liquor Laws PROPERTY RIGHTS U 460 Deportation
8; Enforcement of Judgment Slander D 368 Asbestos Personal Cl 640 R.R. & Truck - 820 Copyrights U 470 Racketeer Influenced and
Ll 151 Medicare Act il 330 Federal Employers' Injury Product G 650 Airline Regs. ¢ 830 Patent Corrupt Organizations
D 152 Recovery of Defaultetl Liability Liability Cl 660 Occupational I:] 840 Trademark G 480 Consumer Credit
Student Loans Cl 340 Marine PERSONAL PROPERTY Safety/I-lealth U 490 Cable/Sat TV
(Excl. Veterans) Cl 345 Marine Product G 370 Other Fraud Cl 690 Other El 810 Selective Service
Z1 153 Recovery of Overpayrnent Liability tj 371 Truth in Lending LABOR IJ 850 SecuritieyCommodiIiesr'
of Veterans Benefits G 350 Motor Vehicle D 380 Other Personal Cl 710 Fair Labor Standards C1 861 HIA (13955) Exchange
G 160 Stockholders Suits Cl 355 Motor Vehicle Property Damage Act U 862 Black Lung (923) CI 875 Customer Challenge
Z1 190 Other Contract Product Liability [1 385 Property Damage CI 720 Labor/Mgmt. Relations CI 863 DIWCJDIWW (~105(g)) 12 USC 3410
Cl 195 Contract Product Liability Cl 360 Other Personal Product Liability C1 730 Labor/Mgmt.Reporting D 864 SSID Title XVI E] 890 Other Statutory Actions
S 196 Franchise Injury 8; Disclosure Act CI 865 RSI (405(;)1 C1 891 Agricultural Acts
REAL PROPERTY PRISONER rsrrrrons D 740 Railway Labor Act it sez Economic Stabilization Act
Cl 210 Land Condemnation Cl 441 Voting G 510 Motions to Vacate Cl 790 Other Labor Litigation Cl 870 Taxes (U.S. Plaintiff G 893 Environmental Matters
J 220 Foreclosure G 442 Employment Sentence CI 791 Empl. Ret. Inc. or Defendant) G 894 Energy Allocation Act
3 230 Rent Lease & Ejectment Cl 443 Housing/ Habeas Corpus: Security Act C} 871 IRS—Third Party G 895 Freedom oflnformation
5 240 Torts to Land Accommodations C] 530 General 26 USC 7609 Act
U 245 Tort Product Liability Cl 444 Welfare D 535 Death Penalty C] 900Appea1 of Fee Determination
CI 290 All Other Real Property Cl 445 Amer. w/Disabilities - C1 540 Mandamus & Other Under Equal Access
Employment CI 550 Civil Rights to Justice
[I 446 Amer. w/Disabilities - C1 555 Prison Condition U 950 Constitutionality of
Other State Statutes
U 440 Other Civil Rights
V'- (Place an in One Box Only) Appeal {O Dlsmcl
u I rj 2 e-I 3 [-J 4 _ U 5 Transferred from D 6 _ [-I 7 Judge from
Original “ Removed from rr Remanded from Rernstated or another district Mtrltrdistrict ‘ Magistrate
Proceeding State Court A ellate Court Rco ened s ectiv) Litigation Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. section 1 et. se .
J
\ I' CAUSE OF ACTION Brief description ofcause: · _ _ _ _ _ _
Cause of action for declaratory judgment of unenforceabrlrty, correction of rnventorshrp, and monetary damages
VII. REQUESTED IN Cl CHECK rr rms rs A cLAss Acrron DEMAND S CHECK YES ¤¤1y if d¤m¤¤d¤d i¤ ¤<>mr>1¤i¤¤¢
COMPLAINT: UNDER FR-OP. 23 JURY DEMAND: r ver Due
VIII. RELATED CASE(S) S _ _
r r ;
IF ANY ‘ “‘“S “‘° ‘°“Sl JUDGE oocREr NUMBER

DATE g SIGNATURE ATTORNEY RECORD
tgt { 2 2 /p s
FOR OFFICE USE ONLY
RECEIPT e AMOUNT APPLYING IEP JUDGE MAG. JUDGE

Case 1 :05-cv-00887-G MS Document 1-3 Filed 12/23/2005 Page 2 of 2
JS 44 Reverse (Rev. 1 1.*04)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the infomation 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
ofthe 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) P1aintifi`s·Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. lf 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 govemment 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 ofthe county where the Hrst listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the namc ofthe county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence ofthe "defendant" is the location of the tract of land involved.)
(c) Attomeys. Enter the finn name, address, telephone number, and attomey of record. lf there are several attomeys, list them on an attachment, noting
in this section "(see attachment)?
I1. 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. lf 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 ofthe 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
l 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 ofthe
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 ofthe 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. Ifthe nature of suit cannot be detemiined, be sure the cause of action, in Section V1 below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. lf 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.
V I. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description ofthe cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 _ _
Br1efDescript1on: 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. lf 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.