Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 1 of 11 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. ____________________
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`JURY TRIAL DEMANDED
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`
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`
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`INDUSTRIAL TECHNOLOGY
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`RESEARCH INSTITUTE,
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`
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`Plaintiff,
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`v.
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`
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`LG ELECTRONICS, INC.,
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`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM
`U.S.A., INC.,
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`
`
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`Defendants.
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`
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`Plaintiff Industrial Technology Research Institute (“ITRI”), hereby complains of patent
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`infringements by Defendants LG Electronics, Inc. (“LGE”), LG Electronics U.S.A., Inc. (“LGE-
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`USA”), and LG Electronics MobileComm U.S.A., Inc. (“LGMP”), and alleges as follows:
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`The Parties
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`
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`1.
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`Plaintiff ITRI is the Republic of China, Taiwan’s scientific research institution
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`having a principal address of 195, Section 4, Chung Hsing Road, Chutung, Hsinchu, Taiwan
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`31040, Republic of China.
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`
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`2.
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`On information and belief, Defendant LGE is a Korean corporation having its
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`principal place of business at LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu, Seoul
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`150-721, Korea, where it may be served with process via an officer, a managing or general agent,
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`or any other agent authorized by appointment or by law to receive service of process.
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`
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`3.
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`On information and belief, Defendant LGE-USA is a Delaware corporation
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`having its principal place of business at 1000 Sylvan Avenue, Englewood Cliffs, New Jersey,
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`07362, where it may be served with process via an officer, a managing or general agent, or any
`
`
`Plaintiff’s Original Complaint – Page 1
`
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 1 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 2 of 11 PageID #: 2
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`other agent authorized by appointment or by law to receive service of process. On information
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`and belief, Defendant LGE-USA may also be served with process by serving its registered agent,
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`United States Corporation Co., 211 East 7th Street, Suite 620, Austin, Texas 78701-3218. On
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`information and belief, Defendant LGE-USA is a wholly-owned subsidiary of Defendant LGE.
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`
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`4.
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`On information and belief, Defendant LGMP is a California corporation having
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`its principal place of business at 10101 Old Grove Road, San Diego, California 92131, where it
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`may be served with process via an officer, a managing or general agent, or any other agent
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`authorized by appointment or by law to receive service of process. On information and belief,
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`Defendant LGMP may also be served with process by serving its registered agent, National
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`Registered Agents, Inc., 16055 Space Center Boulevard, Suite 235, Houston, Texas 77062. On
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`information and belief, Defendant LGMP conducts business as “LG Mobile Phones” and is a
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`wholly-owned subsidiary of Defendant LGE-USA.
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`Jurisdiction and Venue
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`
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`5.
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`This action arises under the United States Patent Laws, 35 U.S.C. §§ 1 et seq.
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`The Court has subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a).
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`
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`6.
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`The Court has personal jurisdiction over Defendants because they have committed
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`acts of patent infringement in the Eastern District of Texas in violation of 35 U.S.C. § 271, have
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`offices in Texas, transact business in the Eastern District of Texas, have purposefully availed
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`themselves of the privileges and benefits of the law of Texas, solicits customers in the State of
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`Texas, and have customers who are residents of the State of Texas and the Eastern District of
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`Texas and who use infringing instrumentalities made, used, offered for sale, sold, and imported
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`by Defendants.
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`Plaintiff’s Original Complaint – Page 2
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`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 2 of 13
`
`

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`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 3 of 11 PageID #: 3
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`
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`7.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b),
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`1391(c), and 1400(b).
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`The Patents in Suit
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`
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`8.
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`Plaintiff ITRI is the exclusive owner of all right, title, and interest in United States
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`Patent No. 8,249,204 (“’204 patent”), titled “Apparatus and method for channel state information
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`feedback,” and issued on August 21, 2012.
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`
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`9.
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`Plaintiff ITRI is the exclusive owner of all right, title, and interest in United States
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`Patent No. 8,265,096 (“’096 patent”), titled “Method for constructing frame structures,” and
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`issued on September 11, 2012.
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`The Accused Instrumentalities
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`
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`10.
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`On information and belief, certain products and processes compliant with IEEE
`
`802.11n and later standards practice an apparatus and method for channel state information
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`feedback and method for constructing frame structures called for by the ’204 patent and ’096
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`patent. The following is a non-exhaustive, exemplary list of Defendants’ instrumentalities that
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`include such products and processes (also referred to as “Accused Instrumentalities”): Transpyre,
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`VS810PP; Optimus F60, MS395; Access LTE, L31L; Ultimate 2, L41C; Tribute, LS660P;
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`Tribute, LS660; G3 Vigor, D725; G3 Vigor, LS885; G3 Vigor, LS885; Realm, LS620; G Vista,
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`D631; G Vista, VS880; Optimus L70, D321; Volt, LS740; Volt, LS740; Optimus Fuel, L34C;
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`Optimus Exceed 2, VS450PP; Optimus L70, MS323; Lucid 3, VS876; Optimus L90, D415;
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`Optimus Zone 2, VS415PP; Nexus 5, D820; Optimus F3Q, D520; G Flex, D950; G Flex, D959;
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`G Flex, LS995; G2, VS980; F7, AS780; Nexus 5, D820; Nexus 5, D820; Nexus 5, D820; Nexus
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`5, D820; Nexus 5, D820; G2, VS980; G2, D800; G2, D801; G2, LS980; G2, LS980; G2, D800;
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`G2, D801; Optimus F6, MS500; Optimus F6, D500; Enact, VS890; Optimus F3, MS659;
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`
`Plaintiff’s Original Complaint – Page 3
`
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 3 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 4 of 11 PageID #: 4
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`Optimus F3, P659; Optimus F3, VM720; Optimus F7, LG870; Optimus F3, LS720; Optimus F7,
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`US780; Optimus F3, LS720; Nexus 4, LGE960W; Optimus F5, AS870; Optimus G Pro, E980;
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`Optimus G Pro, E980; Optimus Exceed, VS840PP; Optimus Zone, VS410PP; Lucid 2, VS870;
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`Spirit 4G, MS870; Optimus Ultimate, LGL96G; Nexus 4, LGE960; Optimus Extreme, LGL40G;
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`Mach, LS860; Optimus G, LS970; Optimus G, E970; Venice, LG730; Escape, P870; Spectrum
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`2, VS930; Splendor, US730; Intuition, VS950; Motion 4G, MS770; Optimus Zip, LGL75C;
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`Optimus Plus, AS695; Optimus Elite, VM696; Elite, LS696; Lucid, VS840; LG OPTIMUS M+,
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`MS695; Nitro, P930; Spectrum, VS920; Marquee, LG855; Connect 4G, MS840; Optimus Net,
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`L45C; G3, VS985; Optimus REGARD, LW770; Optimus Q, LGL55C; myTouch Q,
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`LGC800VL; myTouch Q , LGC800DG; Ignite, AS855; myTouch, LGE739BK; DoublePlay,
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`C729; Optimus Slider, VM701; Esteem, MS910; Enlighten, VS700; Marquee, LS855; THRILL
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`4G, P925; Revolution, VS910; G2x, P999; Apex, US740; Axis, LGAS740; Quantum, C900; G
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`Pad F7.0, LK430; G Pad 8.0, V480; G Pad 8.0, V480; G Pad 7.0 LTE, VK410; G PAD 10.1
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`LTE, VK700; G Pad 7.0 LTE, UK410; G Pad 7.0 LTE, UK410; G Pad 7.0 LTE, V410; G Pad
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`10.1, V700; G Pad 10.1, V700; G Pad 7.0, V400; G Pad 7.0, V400; G Pad 8.3 LTE, VK810; G
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`Pad 8.3, V510; G Pad 8.3, V500; G Pad 8.3, V500; 105UC9; 32LB5800; 39LB5800; 40LF6300;
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`40UB8000; 42LB5800; 42LB6300; 43LF6300; 47LB5800; 47LB6100; 47LB6300; 49LF6300;
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`49UB8200; 49UB8300; 49UB8500; 50LB6100; 50LB6300; 50PB6600; 50PB6650; 55EA8800;
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`55EA9800; 55EC9300; 55EG9600; 55LA9650; 55LA9700; 55LB6100; 55LB6300; 55LB7200;
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`55LF6300; 55UB8200; 55UB8300; 55UB8500; 55UF7600; 60LB6100; 60LB6300; 60LB7100;
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`60LF6300; 60PB6600; 60PB6650; 60PB6900; 65EC9700; 65EG9600; 65LA9650; 65LA9700;
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`65LB6300; 65LB7100; 65LF6300; 65UB9200; 65UB9300; 65UB9800; 65UF7700; 65UF8500;
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`65UF9500; 70LB7100; 77EG9700; 79UB9800; 79UF9500; 84LM9600; 84UB9800; 98UB9800;
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`Plaintiff’s Original Complaint – Page 4
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`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 4 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 5 of 11 PageID #: 5
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`98UB9810; 55LA8600; 47GA7900; 55GA7900; 60LN5600; 55LN5710; 60LN5710; 55LN5600;
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`50LN5600; 55LA7400; 47LA7400; 60LA7400; 55LA6900; 50LA6900; 47LA6900; 50LA6970;
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`55LA6970; 42GA6400; 60GA6400; 50GA6400; 55GA6400; 47GA6400; 47LA6200;
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`55LA6205; 50LN5750; 47LN5750; 50LN5700; 47LN5700; 32LN5700; 55LN5700; 39LN5700;
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`42LN5700; 60PH6700; 60PN5700; 60LN6150; 42LA6200; 47GA6450; 55GA6450; 55LA6200;
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`50LA6200; 60LA6200; 55LM9600; 47G2; 55G2; 47LM7600; 55LM7600; 47LM8600;
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`55LM8600; 55LM6400; 60LM7200; 47LM6700; 47LM6400; 42LM6200; 47LM6200;
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`55LM6200; 65LM6200; 47LS5700; 55LS5700; 60LS5700; 42LS5750; 47LS5750; 55LS5750;
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`60LS5750; 32LM6200; 42LS5700; 50PM6700; 60PM6700; 50PM9700; 60PM9700;
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`42PM4700; 50PM4700; 47LW5600; 55LW5600; 47LW5700; 55LW5700; 65LW6500;
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`47LW6500; 55LW6500; 55LW9800; 42LV5400; 47LV5400; 55LV5400; 55LV5500;
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`42LV5500; 47LV5500; 55LV3700; 42LV3700; 47LV3700; BPM55; BP350; BP550; BP340;
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`BP540; BP730; BP530; BP300; BP330; BP335W; BP620; BH9431PW; BH9430PW;
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`BH9230BW; BH6830SW; BH6730S; BH6720S; BH9220BW; BP620C; BP325W; BP320;
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`BP200; BD690; BD670; BH9420PW; BH6820SW; LHB976; LHB326; PF85U; PA77U;
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`WT6001HV; WT6001HVA; DLEX6001V; DLEX6001W; DLGX6002V; DLGX6002W;
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`LFX31995ST; AN-WF100; ST600; and/or AN-WF500. Plaintiff ITRI reserves the right to
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`supplement this list at any time and without prejudice.
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`First Cause of Action: Infringement of the ’204 Patent
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`
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`11.
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` On
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`information and belief, Defendants LGE, LGE-USA, and LGMP,
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`individually, jointly, and without authority, have and continue to make, use, offer to sell, and sell
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`within the United States, and import into the United States, Accused Instrumentalities that
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`include products and processes that are compliant with IEEE 802.11n and later standards and
`
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`Plaintiff’s Original Complaint – Page 5
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`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 5 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 6 of 11 PageID #: 6
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`thereby practice and infringe, either literally or under the doctrine of equivalents, at least one
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`claim of the ’204 patent in violation of 35 U.S.C. § 271(a).
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`
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`12.
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`On information and belief, Defendants LGE, LGE-USA, and LGMP actively
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`induced, caused, urged, encouraged, aided and abetted their direct customers, indirect customers
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`and potential customers to use, offer to sell, and sell Accused Instrumentalities that include
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`products and processes that are compliant with IEEE 802.11n and later standards and thereby
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`practice the inventions of the ’204 patent within the United States, with such Defendants having
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`knowledge of the ’204 patent by at least the filing of this lawsuit and awareness of customers’
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`and potential customers’ acts constituting direct infringement the ’204 patent. Defendants have
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`done so by acts including but not limited to selling instrumentalities that include products and
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`practice methods that are compliant with IEEE 802.11n and later standards to their direct and
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`indirect customers; marketing the infringing capabilities of such products; and providing
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`instructions, technical support and other support and encouragement for the use of such products.
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`Such conduct by Defendants was intended to and actually resulted in direct infringement,
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`including using, selling, offering for sale and/or importation of infringing products in the United
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`States. Defendants LGE, LGE-USA, and LGMP are thus liable for their active inducements of
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`’204 patent infringement as infringers in violation of 35 U.S.C. § 271(b).
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`
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`13.
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`On information and belief, Defendants LGE, LGE-USA, and LGMP offer to sell
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`and sell within the United States and imports into the United States components of Accused
`
`Instrumentalities and apparatuses for use in practicing the ’204 patent, constituting a material
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`part of the ’204 patent’s invention, knowing by at least the filing of this lawsuit the same to be
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`especially made or especially adapted for use in or with the Accused Instrumentalities and acts
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`that infringe the ’204 patent, and not a staple article or commodity of commerce suitable for
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`Plaintiff’s Original Complaint – Page 6
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`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 6 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 7 of 11 PageID #: 7
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`substantial noninfringing use. Defendants LGE, LGE-USA, and LGMP are thus liable as
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`contributory infringers of the ’204 patent in violation of 35 U.S.C. § 271(c).
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`
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`14.
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`On information and belief, the ’204 patent infringements by Defendants LGE,
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`LGE-USA, and LGMP have been deliberate and willful by at least the filing of this lawsuit.
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`
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`15.
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`Plaintiff ITRI has been damaged as a result of the ’204 patent infringements by
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`Defendants LGE, LGE-USA, and LGMP, has been irreparably harmed by their infringements,
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`and will suffer additional damages and irreparable harm unless this Court enjoins such
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`Defendants from further infringements.
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`
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`16.
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`Plaintiff ITRI’s assertions of direct, inducing, and contributory infringement
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`against Defendants LGE, LGE-USA, and LGMP are made jointly and severally, and with respect
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`to or arising out of the same transactions, occurrences, or series of transactions or occurrences
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`relating to the making, using, importing into the United States, offering for sale, and/or selling of
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`the same products and/or process that comply with IEEE 802.11n and later standards, are
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`included with Accused Instrumentalities, and practice the ’204 patent. Plaintiff ITRI’s
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`complaints herein give rise to questions of fact common to all Defendants, including but not
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`limited to common issues of ’204 patent ownership, infringement, and damages.
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`Second Cause of Action: Infringement of the ’096 Patent
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`17.
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` On
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`information and belief, Defendants LGE, LGE-USA, and LGMP,
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`individually, jointly, and without authority, have and continue to make, use, offer to sell, and sell
`
`within the United States, and import into the United States, Accused Instrumentalities that
`
`include products and processes that are compliant with IEEE 802.11n and later standards and
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`thereby practice and infringe, either literally or under the doctrine of equivalents, at least one
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`claim of the ’096 patent in violation of 35 U.S.C. § 271(a).
`
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`Plaintiff’s Original Complaint – Page 7
`
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 7 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 8 of 11 PageID #: 8
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`
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`18.
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`On information and belief, Defendants LGE, LGE-USA, and LGMP actively
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`induced, caused, urged, encouraged, aided and abetted their direct customers, indirect customers
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`and potential customers to use, offer to sell, and sell Accused Instrumentalities that include
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`products and processes that are compliant with IEEE 802.11n and later standards and practice the
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`inventions of the ’096 patent within the United States, with such Defendants having knowledge
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`of the ’096 patent by at least the filing of this lawsuit and awareness of customers’ and potential
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`customers’ acts constituting direct infringement the ’096 patent. Defendants have done so by
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`acts including but not limited to selling instrumentalities that include products and practice
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`methods that are compliant with IEEE 802.11n and later standards to their direct and indirect
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`customers; marketing the infringing capabilities of such products; and providing instructions,
`
`technical support and other support and encouragement for the use of such products. Such
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`conduct by Defendants was intended to and actually resulted in direct infringement, including
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`using, selling, offering for sale and/or importation of infringing products in the United States.
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`Defendants LGE, LGE-USA, and LGMP are thus liable for their active inducements of ’096
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`patent infringement as infringers in violation of 35 U.S.C. § 271(b).
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`19.
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`On information and belief, Defendants LGE, LGE-USA, and LGMP offer to sell
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`and sell within the United States and imports into the United States components of Accused
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`Instrumentalities and apparatuses for use in practicing the ’096 patent, constituting a material
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`part of the ’096 patent’s invention, knowing by at least the filing of this lawsuit the same to be
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`especially made or especially adapted for use in or with the Accused Instrumentalities and acts
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`that infringe the ’096 patent, and not a staple article or commodity of commerce suitable for
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`substantial noninfringing use. Defendants LGE, LGE-USA, and LGMP are thus liable as
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`contributory infringers of the ’096 patent in violation of 35 U.S.C. § 271(c).
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`Plaintiff’s Original Complaint – Page 8
`
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 8 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 9 of 11 PageID #: 9
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`
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`20.
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`On information and belief, the ’096 patent infringements by Defendants LGE,
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`LGE-USA, and LGMP have been deliberate and willful by at least the filing of this lawsuit.
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`
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`21.
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`Plaintiff ITRI has been damaged as a result of the ’096 patent infringements by
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`Defendants LGE, LGE-USA, and LGMP, has been irreparably harmed by their infringements,
`
`and will suffer additional damages and irreparable harm unless this Court enjoins such
`
`Defendants from further infringements.
`
`
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`22.
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`Plaintiff ITRI’s assertions of direct, inducing, and contributory infringement
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`against Defendants LGE, LGE-USA, and LGMP are made jointly and severally, and with respect
`
`to or arising out of the same transactions, occurrences, or series of transactions or occurrences
`
`relating to the making, using, importing into the United States, offering for sale, and/or selling of
`
`the same products and/or process that comply with IEEE 802.11n and later standards, are
`
`included with Accused Instrumentalities, and practice the ’096 patent. Plaintiff ITRI’s
`
`complaints herein give rise to questions of fact common to all Defendants, including but not
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`limited to common issues of ’096 patent ownership, infringement, and damages.
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`Demand for Jury Trial
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`23.
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`Plaintiff ITRI demands a jury trial pursuant to Federal Rule of Civil Procedure 38.
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`Plaintiff’s Original Complaint – Page 9
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`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 9 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 10 of 11 PageID #: 10
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`Relief Requested
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`24.
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`Plaintiff ITRI seeks judgment that:
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`
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`(a)
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`Defendants LGE, LGE-USA, and LGMP have infringed and are infringing
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`
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`
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`the’204 patent and ’096 patent;
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`(b)
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`Defendants LGE, LGE-USA, and LGMP, their officers, agents, servants,
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`employees, attorneys, successors and assigns, and all other persons and entities in active concert
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`or participation with them be enjoined from infringing, inducing infringement, and contributing
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`to infringements of the ’204 patent and ’096 patent;
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`
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`(c)
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`Plaintiff ITRI be awarded compensatory damages, together with interest
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`and costs under 35 U.S.C. § 284;
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`
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`(d)
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`The Court increase the award of damages up to three times the amount
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`found or assessed under 35 U.S.C. § 284 for willful infringement;
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`(e)
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`The Court declare this case to be exceptional and award reasonable
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`attorney fees under 35 U.S.C. § 285; and
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`(f)
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`Grant Plaintiff ITRI such other and further relief in law or equity as the
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`Court may deem just and proper.
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`Dated April 24, 2015
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`Plaintiff’s Original Complaint – Page 10
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`Respectfully Submitted,
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`
`
`/s/ Carl. R. Roth
`Carl R. Roth
`Texas Bar No. 17312000
`Amanda A. Abraham
`Texas Bar No. 24055077
`ROTH LAW FIRM
`115 North Wellington, Suite 200
`Marshall, Texas 75670
`Telephone 903 935 1665
`Fax 903 935 1797
`cr@rothfirm.com
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 10 of 13
`
`

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`Case 2:15-cv-00552-JRG Document 1 Filed 04/24/15 Page 11 of 11 PageID #: 11
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`aa@rothfirm.com
`
`Michael W. Shore
`Texas Bar No. 18294915
`Alfonso Garcia Chan
`Texas Bar No. 24012408
`Russell J. DePalma
`Texas Bar No. 00795318
`Ari B. Rafilson
`Texas Bar No. 24060456
`Andrew M. Howard
`Texas Bar No. 24059973
`Christopher L. Evans
`Texas Bar No. 24058901
`Dustin R. Lo
`Texas Bar No. 24087937
`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`Telephone 214 593 9110
`Fax 214 593 9111
`mshore@shorechan.com
`achan@shorechan.com
`rdepalma@shorechan.com
`arafilson@shorechan.com
`ahoward@shorechan.com
`cevans@shorechan.com
`dlo@shorechan.com
`
`ATTORNEYS FOR PLAINTIFF INDUSTRIAL
`TECHNOLOGY RESEARCH INSTITUTE
`
`
`
`Plaintiff’s Original Complaint – Page 11
`
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 11 of 13
`
`

`

`JS 44 (Rev. 12/12)
`
`Case 2:15-cv-00552-JRG Document 1-1 Filed 04/24/15 Page 1 of 2 PageID #: 12
` 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
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`’ 1 U.S. Government
`Plaintiff
`
`’ 3 Federal Question
`(U.S. Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Incorporated or Principal Place
`Citizen of This State
`’ 1
`’ 1
`’ 4
`’ 4
` of Business In This State
`
`’ 2 U.S. Government
`Defendant
`
`’ 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`’ 2
`
`’ 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`’ 5
`
`’ 5
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`’ 6
`
`’ 6
`
`BANKRUPTCY
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 690 Other
` 28 USC 157
`
`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
`
`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
`
`IMMIGRATION
`’ 462 Naturalization Application
`’ 465 Other Immigration
` Actions
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
` PERSONAL INJURY
`’ 110 Insurance
`’ 120 Marine
`’ 310 Airplane
`’ 365 Personal Injury -
`’ 130 Miller Act
`’ 315 Airplane Product
` Product Liability
`’ 140 Negotiable Instrument
` Liability
`’ 367 Health Care/
`’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`’ 151 Medicare Act
`’ 330 Federal Employers’
` Product Liability
`’ 152 Recovery of Defaulted
` Liability
`’ 368 Asbestos Personal
` Student Loans
`’ 340 Marine
` Injury Product
`LABOR
` (Excludes Veterans)
`’ 345 Marine Product
` Liability
` PERSONAL PROPERTY ’ 710 Fair Labor Standards
`’ 153 Recovery of Overpayment
` Liability
` of Veteran’s Benefits
`’ 350 Motor Vehicle
`’ 370 Other Fraud
` Act
`’ 160 Stockholders’ Suits
`’ 355 Motor Vehicle
`’ 371 Truth in Lending
`’ 720 Labor/Management
`’ 190 Other Contract
` Product Liability
`’ 380 Other Personal
` Relations
`’ 195 Contract Product Liability ’ 360 Other Personal
` Property Damage
`’ 740 Railway Labor Act
`’ 196 Franchise
` Injury
`’ 385 Property Damage
`’ 751 Family and Medical
`’ 362 Personal Injury -
` Product Liability
` Leave Act
` Medical Malpractice
`’ 790 Other Labor Litigation
` CIVIL RIGHTS
` PRISONER PETITIONS ’ 791 Employee Retirement
`Habeas Corpus:
`’ 440 Other Civil Rights
` Income Security Act
`’ 441 Voting
`’ 463 Alien Detainee
`’ 442 Employment
`’ 510 Motions to Vacate
`’ 443 Housing/
` Sentence
` Accommodations
`’ 530 General
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
`Other:
` Employment
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 555 Prison Condition
`’ 448 Education
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
` REAL PROPERTY
`’ 210 Land Condemnation
`’ 220 Foreclosure
`’ 230 Rent Lease & Ejectment
`’ 240 Torts to Land
`’ 245 Tort Product Liability
`’ 290 All Other Real Property
`
`V. ORIGIN (Place an “X” in One Box Only)
`’ 1 Original
`’ 2 Removed from
`Proceeding
`State Court
`
`’ 3 Remanded from
`Appellate Court
`
`’ 4 Reinstated or
`Reopened
`
`’ 6 Multidistrict
`Litigation
`
`’ 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`
`Brief description of cause:
`
`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`JURY DEMAND:
`’ Yes
`’ No
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 12 of 13
`
`

`

`Case 2:15-cv-00552-JRG Document 1-1 Filed 04/24/15 Page 2 of 2 PageID #: 13
`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) 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.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.
`
`V.
`
`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.
`
`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.
`
`Exhibit 1027
`Panasonic v. UNM
`IPR2024-00364
`Page 13 of 13
`
`