Ixi Mobile (R&D) Ltd. et al v. Apple, Inc.

Northern District of California, cand-4:2015-cv-03755

CIVIL COVER SHEET filed. (moh)

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CIVIL COVE*** CV_2957 2 2014 JS 44C/SDNY REV. 4/2014 The JS-44 civil cover sheot and the information contained herein neither replace nor supplement the filing and sovie 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 Statos in September 1974, is required for uso of tho Clerk of Court for the purpose of initiating the civil docket sheet. PLAINTIFFS DEFENDANTS 14-cv-07954-UA IXI MOBILE (R&D) LTD. and APPLE, INC. ECF CASE IXI IP, LLC ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN) Thomas S. Biemer, Esquire; Gregory A. Blue, Esquire DILWORTH PAXSON LLP, 99 Park Avenue, Suite 320 New York, NY 10016, T: (917) 675-4250 CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WRICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 35 U.S.C. S 100 et seq. The Defendants have infringed one or more claims of the Patents-in-Suit as stated in Plaintiffs' Complaint, Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? Ndes udge Previously Assigned If yes, was this case Vol. Invol. Dismissed. No Yes o If yes, give date & Case No. No x Yes o IS THIS AN INTERNATIONAL ARBITRATION CASE? (PLACE AN {x} IN ONE BOX ONLY) NATURE OF SUIT TORTS ACTIONS UNDER STATUTES BANKRUPTCY 422 APPEAL 28 USC 158 423 WITHDRAWAL 28 USC 157 OTHER STATUTES 375 FALSE CLAIMS 400 STATE REAPPORTIONMENT U] 410 ANTITRUST () 430 BANKS & BANKING (450 COMMERCE 460 DEPORTATION 470 RACKETEER INFLU. ENCED & CORRUPT ORGANIZATION ACT (RICO) 480 CONSUMER CREDIT [ 490 CABLE/SATELLITE TV PROPERTY RIGHTS 820 COPYRIGHTS 830 PATENT U 840 TRADEMARK SOCIAL SECURITY (850 SECURITIES! COMMODITIES/ EXCHANGE CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY (1367 HEALTHCAREJ (110 INSURANCE 310 AIRPLANE PHARMACEUTICAL PERSONAL 11625 DRUG RELATED || 120 MARINE U315 AIRPLANE PRODUCT INJURY PRODUCT LIABILITY SEIZURE OF PROPERTY (130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY 21 USC 881 () 140 NEGOTIABLE (1320 ASSAULT, LIBEL & PRODUCT LIABILITY INSTRUMENT SLANDER 68 ASBESTOS PERSONAL [ ] 690 OTHER 150 RECOVERY OF 330 FEDERAL INJURY PRODUCT OVERPAYMENT & EMPLOYERS LIABILITY ENFORCEMENT LIABILITY OF JUDGMENT 11340 MARINE PERSONAL PROPERTY [ 151 MEDICARE ACTį j 345 MARINE PRODUCT U 152 RECOVERY OF LIABILITY U 370 OTHER FRAUD DEFAULTED [ 350 MOTOR VEHICLE Ü 371 TRUTH IN LENDING STUDENT LOANS 355 MOTOR VEHICLE (EXCL VETERANS) PRODUCT LIABILITY | | 153 RECOVERY OF 1360 OTHER PERSONAL OVERPAYMENT INJURY [ 1380 OTHER PERSONAL LABOR OF VETERAN'S 362 PERSONAL INJURY. PROPERTY DAMAGE BENEFITS NED MALPRACTICE 385 PROPERTY DAMAGE 710 FAIR LABOR (160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT SUITS (720 LABOR/MGMT U 190 OTHER PRISONER PETITIONS RELATIONS CONTRACT 463 ALIEN DETAINEE (740 RAILWAY LABOR ACT (195 CONTRACT U 510 MOTIONS TO U 751 FAMILY MEDICAL PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE LEAVE ACT (FMLA) LIABILITY 28 USC 2255 () 196 FRANCHISE CIVIL RIGHTS 530 HABEAS CORPUS 11790 OTHER LABOR (535 DEATH PENALTY LITIGATION (540 MANDAMUS & OTHER 791 EMPL RET INC | 1440 OTHER CIVIL RIGHTS SECURITY ACT (Non-Prisoner) REAL PROPERTY (1441 VOTING IMMIGRATION (1210 LAND [442 EMPLOYMENT PRISONER CIVIL RIGHTS CONDEMNATION (443 HOUSING/ (462 NATURALIZATION 220 FORECLOSURE ACCOMMODATIONS 550 CIVIL RIGHTS APPLICATION (230 RENT LEASE & [ ] 445 AMERICANS WITH 555 PRISON CONDITION [ ] 465 OTHER IMMIGRATION EJECTMENT DISABILITIES (560 CIVIL DETAINEE ACTIONS (240 TORTS TO LAND EMPLOYMENT CONDITIONS OF CONFINEMENT (245 TORT PRODUCT (446 AMERICANS WITH LIABILITY DISABILITIES OTHER (1290 ALL OTHER (448 EDUCATION REAL PROPERTY 861 HIA (13951) 862 BLACK LUNG (923) U 863 DIWC/DIWW (405(9)) 864 SSID TITLE XVI 1 865 RSI (405(g)) (1 890 OTHER STATUTORY ACTIONS 891 AGRICULTURAL ACTS FEDERAL TAX SUITS [ ] 870 TAXES (U.S. Plainuff or Defendant) 871 IRS-THIRD PARTY 26 USC 7609 1893 ENVIRONMENTAL MATTERS (895 FREEDOM OF INFORMATION ACT (896 ARBITRATION U 899 ADMINISTRATIVE PROCEDURE ACTIREVIEW OR APPEAL OF AGENCY DECISION 950 CONSTITUTIONALITY OF STATE STATUTES Check if demanded in complaint: CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y IF SO, STATE: JUDGE Sullivan ___ DOCKET NUMBER 14-CV-4355 DEMAND $ OTHER Check YES only if demanded in complaint JURY DEMAND: X YES LNO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32). Case 4:15-CV-03755-HSG Document 3 Filed 10/02/14 Page 2 of 2 6 Multidistrict Litigation 0 7 Appeal to District Judge from Magistrate Judge Judgment (PLACE AN IN ONE BOX ONLY) ORIGIN X 1 Original Removed from Remanded Reinstated or 5 Transferred from U Proceeding State Court from Reopened (Specity District) a. all parties represented Appellate Count O b. At least one party is pro se. (PLACE AN * IN ONE BOX ONLY) BASIS OF JURISDICTION O 1 U.S. PLAINTIFF O2 U.S. DEFENDANT X 3 FEDERAL QUESTION 4 DIVERSITY (U.S. NOT A PARTY) IF DIVERSITY, INDICATE CITIZENSHIP BELOW. CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY) (Place an [X] in one box for Plaintiff and one box for Defendant) PTF DEF (11 11 PTF DEF (313 CITIZEN OF THIS STATE CITIZEN OR SUBJECT OF A FOREIGN COUNTRY PTF DEF (15 15 INCORPORATED and PRINCIPAL PLACE OF BUSINESS IN ANOTHER STATE CITIZEN OF ANOTHER STATE (12 112 (14114 INCORPORATED or PRINCIPAL PLACE OF BUSINESS IN THIS STATE FOREIGN NATION (6 (16 PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES) IXI Mobile (R&D) Ltd., 11 Moshe Levi Street Rishon LeZion 75658, Israel; IXI IP, LLC, 1218 Central Avenue, Suite 100, Albany, NY 12205 DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES) APPLE, Inc., 1 Infinite Loop, Cupertino, CA 95014 DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS: Check one: THIS ACTION SHOULD BE ASSIGNED TO: O WHITE PLAINS X MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.) DATE SIGNATURE OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT 10/1/14 Thomas A. Binner U NO ixj YES (DATE ADMITTED Mo. 11 Yr. 2004, RECEIPT # Attorney Bar Code # TB3922 Magistrate Judge is to be designated by the Clerk of the Court. Magistrate Judge is so Designated. Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)