Free Complaint - District Court of Delaware - Delaware

Case 1 .05-cv-00884-.1.1 F Document 1-3 Filed 12/22/2005 Page 1 of 2
r—=-M ee ¤~<~> CIVIL COVER SHEET
The JS 44 civil cover sheet_ and the information contained herein neither refplace nor supplement the tiling and service of pleadings or other Eapers as reguired by law. except as proyided
by local rules of court. This form, approved by the Judrcral Conference o the United States rn September 1974. is required for the use oft e Clerk of ourt for the purpose of initiating
the crvrl docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF TI-IE FORM.)
I. (a) PLAINTIFFS DEFENDAN TS
Infineum International Ltd. and Infineum USA L.P. Afton Chemical Cor-p_
(b) County of Residence of First Listed Plaintiff New Castle 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) Attorney’s (Finn Name. Address, and Telephone Number) Attomcys (1fKnoi\n)
§`§;;?tg`Cw?$i2§JSTk¤GATI 5 TAYLOR. LLP
v':¢3m¤r=;:an, Decsviare IEEEGOBEI
H. BASIS OF JURISDICTION (Place an in One Box Only) HI. CITIZENSHIP OF PRINCIPAL PARTIES(P1ace an in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
Il 1 Government 7 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State Q 1 Cl 1 Incorporated or Principal Place Z1 4 J 4
of Business ln This State
D 2 lJ.S. Govemment [] 4 Diversity Citizen of Another State Cl 2 C] 2 Incorporated and Principal Place J 5 Cl 5
D*{€“"““‘ (rndinnte Citizenship of rnnied in Irern nn °fB“S‘“E” I" A“°‘“°' Sm
Citizen or Subject ofa G 3 Cl 3 Foreign Nation G 6 Cj 6
Foreign Country
. A U E O SUIT (Place an in One Box Only) i i _ W V
roRrr:rruRcir·cN.ALrv BANKRUPTCY
:1 1 10 Insurance PERSONAL INJURY PERSONAL INJURY D 610 Agriculture Cl 422 Appeal 28 USC 158 Cl 400 State Reapportionment
:1 120 Marine G 310 Airplane D 362 Personal Injury — C] 620 Other Food & Drug Cl 423 Withdrawal U 410 Antitrust
3 130 Miller Act Cl 315 Airplane Product Med. Malpractice D 625 Drug Related Seizure 28 USC 157 C] 430 Banks and Banking
Z] 140 Negotiable Instrument Liability G 365 Personal Injury - of Property 21 USC 881 G 450 Commerce
Z1 150 Recovery ofOverpaywnent U 320 Assault, Libel & Product Liability G 630 Liquor Laws PROPERTY RIGHTS Cl 460 Deportation
8; Enforcement of Judgment Slander D 368 Asbestos Personal C1 640 R.R. 8.: Truck [3820 Copyrights G 470 Racketeer Influenced and
3 151 Medicare Act Cl 330 Federal Employers’ Injury Product C1 650 Airline Regs. H 830 Patent Corrupt Organizations
[1 152 Recovery of Defaulted Liability Liability C1 660 Occupational 1:1 840 Trademark G 480 Consumer Credit
Student Loans Cl 340 Marine PERSONAL PROPERTY Safety/Health D 490 Cable/Sat TV
(Excl. Veterans) G 345 Marine Product CI 370 Other Fraud C] 690 Other G 810 Selective Service
Z1 153 Recovery ofOverpaymcnt Liability C`] 371 Truth in Lending LABOR D S50 SectrritiesiCommodities/
of Veterans Benefits 3 350 Motor Vehicle CI 380 Other Personal CI 710 Fair Labor Standards Cl 861 HIA (139511) Exchange
:1 160 Stockho1ders` Suits C] 355 Motor Vehicle Property Damage Act CI 862 Black Lung (923) Cl 875 Customer Challenge
3 190 Other Contract Product Liability C1 385 Property Damage C1 720 Labor/Mgmt. Relations C] 863 DIWC/DIWW (405(g)) 12 USC 3410
5 195 Contract Product Liability Cl 360 Other Personal Product Liability C] 730 Labor/Mgmt.Reporting Cl 864 SSID Title XVI S 890 Other Statutory Actions
Z1 196 Franchise Injury 8; Disclosure Act Cl 865 RSI (405(g)) G 891 Agricultural Acts
REAL r>Ror>r-mtv r>RrsoNart r>r;rrrroNs U 740 Rnirnny Labor Act CI 892 Economic sintiiiiznrinn Aer
5 210 Land Condemnation C] 441 Voting [I 510 Motions to Vacate CI 790 Other Labor Litigation Cl 870 Taxes (U.S. Plaintiff U 893 Environmental Matters
3 220 Foreclosure C} 442 Employment Sentence CI 791 Empl.Ret.1nc. or Defendant) I 894 Energy Allocation Act
CJ 230 Rent Lease & Ejectment tj 443 Housing I-Iabeas Corpus: Security Act C} 871 1RS—Third Party Cl 895 Freedom oflnformation
J 240 Torts to Land Accommodations CI 530 General 26 USC 7609 Act
YJ 245 Tort Product Liability C] 444 Welfare CI 535 Death Penalty Cl 900Appeal ofFee Determination
'J 290 All Other Real Property Z1 445 Amer. rv/Disabilities ~ C] 540 Mandamus & Other Under Equal Access
Employment Cl 550 Civil Rights to Justice
[1 446 Amer. rv/Disabilities · G 555 Prison Condition S 950 Constitutionality of
Other State Statutes
C1 4-10 Other Civil Rights
V. (Place an in One Box Only) AIEFPPI IO Dlsmct
J 1 _ 4 D 7 U 3 G 4 _ U 5 Transferred from U 6 _ _ _ G 7 Ju ge from
Original " Removed from Remanded from Rernstatcd or another district Multrdrstrict Magistrate
Proceeding State Court An ellate Court Reo ened (s ecify) Litigation Judgment
Cite the U.S. Civil Statute under which you are tiling (D0 not cite jurisdictional statutes unless diversity):
, - 35 U.S.C. section 101 et se .
X I' CAUSE OF ACTION Briefdescription ofcause: _ _ _
Cause of action for patent infringement
VII. REQUESTED IN 1] CHECK tr rrrrs rs A CLASS ACTION DEMAND s CHECK YES nitty it demanded in nnniprninr;
COMPLAINT; UNDER r=.R.c.r>. 23 may DEMAND; J Yes Elnn
VIII. RELATED CASE(S) _ _
(See instructions): ,
IF ANY JUDGE DOCRET NUMBER

DATE SIGNATURE OF ATIORN F RECORD
iz / 2. 2 /0 § ek)
FOR OFFICE USE ONLY
RECEIPT AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 1 :05-cv-00884-JJ F Document 1-3 Filed 12/22/2005 Page 2 of 2
JS 44 Reverse (Rev. 1 lr04)
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 form, approved by the Judicial Conference ofthe 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
hled. 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. lf the plaintiff or defendant is a govemment agency, use only
the full name or standard abbreviations. lf 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 first listed plaintiff resides at the time
of tiling. ln U.S. plaintiffcases, enter the name ofthe county in which the first listed defendant resides at the time of filing. (NOTE: ln 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. lf 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. 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 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 ofthe 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 ofthe
different parties must be checked. (See Section lll 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 ol“Suit. Place an "X" inthe appropriate box. Ifthe nature ofsuit cannot be determined, be sure the cause ofaction, 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 ofthe 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 coun for liirther 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.
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 _ _
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box ifyou are filing a class action under Rule 23, F.R.Cv.P.
Demand. ln 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 ofthe JS 44 is used to reference related pending cases if any. lfthere 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.