Case 1:15-cv-00228-RGA Document 1-17 Filed 03/11/15 Page 1 of 2 PageID #: 436
`Case 1:15—cv—OO228—RGA Document 1-17 Filed 03/11/15 Page 1 of 2 Page|D #: 436
`
`ens 44 (Rev. 12/07)
`
`CIVIL COVER SHEET
`
`t
`eClerk of ourt for the purpose of initiating
`The JS 44 civil cover sheet and the information contained herein neither re lace nor supplement the filing and service ofpleadings or other Eapers as re%uired by law, except as provided
`required for the use o
`by local rules of court. This form, approved by the Judicial Conference o the United States in September 1974,
`the civil docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`
`1. (a) PLAINTIFFS
`
`DEFENDANTS
`
`ACCELERATION BAY LLC, a Delaware Limited Liability Corporation
`
`ACTIVISION BLIZZARD, |NC., a Delaware Corporation
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN US. PLAINTIFF CASES)
`
`County of Residence of First Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`Phiii$°A. t<‘£>‘ilH@i’,Sit’”6rie‘t‘a)1tFxd\£Pé't6t1“ad6tl?%°6fi‘t“L"P€'l4ercuies Plaza, P.O.
`Box 951, Wilmington, DE 19899 Tel: 3o2—9a4—eooo
`
`Attorneys (If Known)
`
`II.
`El
`
`OF
`1 US. Gcvennnent
`Plaintiff
`
`Cl 2 U.S.Gover1rment
`Defendant
`
`(Place an “X” in One Box Only)
`
`N 3 Federal Question
`(US. Government Not a Party)
`
`CI 4 Diversity
`(Indicate Citizenship of Parties in Item Ill)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES(P1ace an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`DEF
`PTF
`DEF
`U 1
`D 1
`E! 4
`I3 4
`
`Citizen of This State
`
`Incorporated or Principal Place
`of Business In This State
`
`Citizen of Another State
`
`13 2
`
`Citizen or Subject of a
`Forein Coun
`
`Cl 3
`
`I3
`
`[J
`
`2
`
`3
`
`Incorporated and Principal Place
`of Business In Another State
`
`Foreign Nation
`
`13
`
`El
`
`5
`
`6
`
`Cl
`
`5
`
`CI 6
`
`OF
`
`Place an “X” in One Box Onl
`
`
`
`400 State Reapportionment
`410 Antitrust
`430 Banks and Banking
`450 Commerce
`460 Deportation
`470 Racketeer Influenced and
`Conupt Organizations
`480 Consumer Credit
`490 Cable/Sat TV
`810 Selective Service
`850 Securities/Commoclities/
`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 Infonnation
`Act
`900Appeal of Fee Determination
`Under Equal Access
`to Justice
`950 Constitutionality of
`State Statutes
`
`13 422 Appeal 28 USC 153
`3 610 Agriculture
`I3 423 Withdrawal
`3 620 Other Food & Drug
`28 USC 157
`3 625 Drug Related Seizure
`
`of Property 21 USC 881
`D 630 Liquor Laws
`
`Cl 640 RR. & Truck
`D 820 Copyrights
`El 830 Patent
`13 650 Airline Regs.
`Cl 840 Trademark
`
`CI 660 Occupational
`
`Safety/Health
`Cl 690 Other
`
`
`
`
`
`
`
`
`
`
`
`PERSONAL INJURY
`D 362 Personal Injury -
`Med. Malpractice
`365 Personal Injury -
`Product Liability
`368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`D 370 Other Fraud
`D 371 Truth in Lending
`I3
`380 Other Personal
`Property Damage
`385 Property Damage
`Product Liability
`
`El
`El
`
`El
`
`
`
`3 110 Insurance
`3 120 Marine
`130 Miller Act
`140 Negotiable Instrument
`150 Recovery of Overpayment
`151 Medicare Act
`152 Recovery of Defaulted
`Student Loans
`(Excl. Veterans)
`153 Recovery of Overpayment
`of Veteran’s Benefits
`Cl 160 Stockholders’ Suits
`El 190 Other Contract
`Cl 195 Contract Product Liability
`D 196 Franchise
`' REAL PROPERTY
`D 210 Laird Condemnation
`El 220 Foreclosure
`El 230 Rent Lease & Ejectrnent
`Cl 240 Torts to Land
`O 245 Tort Product Liability
`CI 290 All Other Real Property
`
`CIDCICICI
`
`C]
`
`
`
`& Enforcement ofJudgmentDUCIEICILILIEJCI
`Cl12]DDDOD
`
`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
`In‘ur
`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
`
`13 710 Fair Labor Standards
`Cl 861 HlA(1395ft)
`
`Cl 862 Black Lung (923)
`Act
`D 863 DIWC/DIWW (40S(g))
`0 720 Labor/Mgmt. Relations
`II 864 SSID Title XVI
`D 730 Labor/Mgmt.Reporting
`3 865 RSI 405
`& Disclosure Act
`PRISONER PETITIONS
`[3 740 Railway Labor Act
`FEDERAL TX surrs
`Cl
`510 Motions to Vacate
`
`CI 790 Other Labor Litigation
`3 870 Taxes (U.S. Plaintiff
`Sentence
`or Defendant)
`CI 791 Empl. Ret. Inc.
`3 871 IRS——ThiI‘d Party
`Security Act
`Habeas Corpus:
`26 USC 7609
`530 General
`IMNIIGRATION
`535 Death Penalty
`540 Mandamus & Other
`D 462 Naturalization Application
`550 Civil Rights
`Cl 463 Habeas Corpus —
`Alien Detainee
`555 Prison Condition
`
`Cl 465 Other Immigration
`Actions
`
`
`
`
`
`
`
`
`ULILILILI
`
`
`
`V. ORIGIN
`(Place an “X” in One Box Only)
`Appeal to District
`Ju go from
`Reinstated or
`Ij
`Transferred from
`El 6 Multidistrict
`C] 4
`Remanded from
`D3
`[:1 2 Removed from
`Q1 Original
`Magistrate
`State Court
`another district
`Litigation
`Reopened
`Jud ment
`Appellate Court
`Proceeding
`
`
`
`Cite the US. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`1 et. se .
`35 U.S.C.
`
`Brief description of cause:
`atent infrin ement
`
`DEMAND $
`CHECK YES only if demanded in complaint:
`D CHECK IF THIS IS A CLASS ACTION
`VII. REQUESTED IN
`
` COMPLAINT: UNDER F-R-CF 23 JURY DEMAND: 2f Yes D No
`
`
`
`
`5
`
`D7
`
`
`
`VI. CAUSE OF ACTION
`
`VIII. RELATED CASE(S)
`IF ANY
`
`H
`,
`.
`is“ "‘5““°“°“s)‘
`
`DATE
`
`O3/11/2015
`FOR OFFICE USE ONLY
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`/s/ Philip A. Rovner
`
`DOCKET NUMBER
`
`
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG, JUDGE
`
`

`
`Case 1:15-cv-00228-RGA Document 1-17 Filed 03/11/15 Page 2 of 2 PageID #: 437
`Case 1:15—cv—OO228—RGA Document 1-17 Filed 03/11/15 Page 2 of 2 Page|D #: 437
`
`JS 44 Reverse (Rev. 12/07)
`
`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
`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:
`
`(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) ofplaintiff and defendant. If the plaintiff or defendant is a government agency, use only
`I.
`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 ofResidence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiffresides 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)”.
`
`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
`II.
`of the boxes. If there is more than one basis ofjurisdiction, 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.
`
`(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
`Federal question.
`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.)
`
`Residence (citizenship) of Principal Parties. This section ofthe JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
`111.
`for each principal party.
`
`Nature of Suit. Place an “X” in the appropriate box. Ifthe nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
`IV.
`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 fiom Appellate Court. (3) Check this box for cases remanded to the district court for fiirther 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 l404(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.
`
`Cause ofAction. Report the civil statute directly related to the cause of action and give a briefdescription ofthe cause. Do not cite jurisdictional statutes
`VI.
`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.
`VIH. 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.