Beruflich Dokumente
Kultur Dokumente
Binal J. Patel, ILSB No. 6237843 (pro hac vice application pending)
bpatel@bannerwitcoff.com
Erik S. Maurer, ILSB No. 6275467 (pro hac vice application pending)
emaurer@bannerwitcoff.com
Novaira Paul, ILSB No. 6328598 (pro hac vice application pending)
npaul@bannerwitcoff.com
BANNER & WITCOFF, LTD.
10 South Wacker Drive
Suite 3000
Chicago, IL 60606-7407
Telephone: (312) 463-5000
Facsimile: (312) 463-5001
DISTRICT OF OREGON
PORTLAND DIVISION
Defendant.
Plaintiff Kraft Foods Group Brands LLC (“Kraft”), for its Complaint against Defendant
Page 1 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 2 of 13
INTRODUCTION
1. This is an action for direct and indirect patent infringement arising under the
Patent Laws of the United States, 35 U.S.C. § 101 et seq. Kraft owns exclusive rights in the
ornamental designs claimed in United States Design Patent Nos. D798,738 and D780,599, each
2. Without Kraft’s permission, D6 has used and continues to use the designs of the
Kraft Patents, on packages that D6 makes, uses, offers for sale, sells, and/or imports into the
United States.
3. In addition, D6, with knowledge of the Kraft Patents, has indirectly infringed the
Kraft Patents by, among other things, providing packages to third parties with the intent to
infringing the Kraft Patents, and damages and/or a disgorgement of D6’s profits from its patent
infringements.
THE PARTIES
5. Kraft is a limited liability company organized and existing under the laws of the
State of Delaware with a principal place of business at 200 E Randolph Street, Chicago, Illinois
60601.
laws of the State of Oregon with a principal place of business at 4630 NE 190th Lane, Portland,
Oregon 97230.
Page 2 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 3 of 13
7. This action arises under the patent laws of the United States, Title 35, United
States Code. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
transacts, and solicits business in the State of Oregon, including with respect to packages that
infringe the Kraft Patents, and because D6 is committing and has committed acts of patent
9. Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400 at least
GENERAL ALLEGATIONS
10. For many decades, Kraft has innovated and sold a wide array of high-quality,
packaged food products, including products sold under well-recognized brands such as
Lunchables®, Jell-O®, and Oscar Mayer®. As part of its efforts to distinguish its packaged food
products from others, and to encourage associations and develop goodwill with consumers, Kraft
11. In approximately 2014, Kraft introduced a new line of protein-based snack items
branded as “Portable Protein Packs” or “P3.” An exemplary online advertisement for Kraft’s P3
Page 3 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 4 of 13
12. Kraft has taken steps to protect its innovative packaging designs. In particular,
Kraft owns various United States design patents relating to packaging designs for its P3
products. Relevant to this dispute, Kraft owns all right, title, and interest in, and has the right to
sue and recover for past, present, and future infringement of, each of the Kraft Patents identified
in Table 1 from the date each patent duly and legally issued to Kraft. A copy of each Kraft Patent
Page 4 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 5 of 13
14. On information and belief, D6 was aware of the Kraft Patents no later than July
10, 2018, when Kraft sent a cease and desist letter to Edward Dominion, President/CEO of D6
providing D6 with notice of the Kraft Patents and identifying representative D6 packages
Complaint Exhibit C.
15. On information and belief, both before and after receiving Kraft’s Notice Letter,
D6 made, used, offered for sale, sold, and/or imported into the United States packages having
designs that violate the Kraft Patents (hereafter, the “Infringing Packages”). The Infringing
Packages include at least models identified by D6 as “3001.” On information and belief, the
overall appearance of the designs of the Kraft Patents and the corresponding designs of D6’s
16. On information and belief, both before and after receiving Kraft’s Notice Letter,
D6 also directly or indirectly supplied empty, unsealed packages, identified at least as D6 model
3001, to third parties—including, for example, HEB Grocery Company, LP of Texas— intending
and knowing that those packages would be sealed closed. On information and belief, the overall
appearance of the sealed Infringing Packages is the same or substantially the same as at least the
17. On information and belief, the unsealed Infringing Packages D6 supplied to third
parties are especially made or adapted to infringe one or both of the Kraft Patents and are not
Page 5 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 6 of 13
18. On information and belief, an ordinary observer will perceive the overall
appearance of the designs in each of the Kraft Patents and the corresponding designs of D6’s
Infringing Packages to be substantially the same. Tables 2 and 3 below illustrate D6’s
infringement by comparing representative images of Infringing Packages with the figures from
Page 6 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 7 of 13
Page 7 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 8 of 13
19. On information and belief, D6 was aware of Kraft’s P3 packaging designs when it
20. On information and belief, D6 intended to copy the designs covered by the Kraft
Patents.
21. On information and belief, with knowledge of the Kraft Patents, D6 supplied
unsealed Infringing Packages to third parties with knowledge that third parties would seal the
Page 8 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 9 of 13
22. On information and belief, with knowledge of the Kraft Patents, D6 supplied
unsealed Infringing Packages to third parties intending that third parties would seal the
23. On information and belief, D6 has infringed and continues to infringe the Kraft
Patents within the meaning of 35 U.S.C. § 271(a) at least by making, using, selling, offering to
sell, and/or importing the Infringing Packages into the United States without Kraft’s
authorization.
24. On information and belief, without Kraft’s authorization, D6 has infringed and
continues to infringe at least the ‘599 Patent within the meaning of 35 U.S.C. § 271(b) at least by
25. On information and belief, without Kraft’s authorization, D6 has infringed and
continues to infringe at least the ‘599 Patent within the meaning of 35 U.S.C. § 271(c) by
offering to sell and/or selling packaging components especially made or adapted for infringing
use by third parties and that are not staple articles of commerce suitable for noninfringing uses.
26. Kraft re-alleges and incorporates by reference the allegations set forth in
27. D6, without authorization from Kraft, has made, used, offered for sale, sold,
and/or imported in or into the United States, and continues to make, use, offer for sale, sell,
and/or import into the United States, packages having designs that infringe U.S. Patent No.
D798,738.
Page 9 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 10 of 13
28. Kraft has been and will continue to be irreparably harmed by D6’s infringements
29. Kraft re-alleges and incorporates by reference the allegations set forth in
30. D6, without authorization from Kraft, has made, used, offered for sale, sold,
and/or imported in or into the United States, and continues to make, use, offer for sale, sell,
and/or import into the United States, packages having designs that infringe U.S. Patent No.
D780,599.
31. Kraft has been and will continue to be irreparably harmed by D6’s infringements
32. Kraft re-alleges and incorporates by reference the allegations set forth in
33. D6, without authorization from Kraft and with knowledge of U.S. Patent No.
D780,599, induced and continues to induce third parties to seal Infringing Packages in violation
34. On information and belief, D6 intended third parties to seal Infringing Packages
35. Kraft has been and will continue to be irreparably harmed by D6’s infringements
Page 10 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 11 of 13
36. Kraft re-alleges and incorporates by reference the allegations set forth in
37. D6, without authorization from Kraft and with knowledge of U.S. Patent No.
D780,599, contributed to and continues to contribute to violations of U.S. Patent No. D780,599
by third parties.
38. On information and belief, with knowledge of U.S. Patent No. D780,599, D6
supplied unsealed Infringing Packages to third parties with knowledge that third parties would
39. On information and belief, the unsealed packages supplied by D6 are especially
made or especially adapted for use in violation of U.S. Patent No. D780,599.
40. On information and belief, the unsealed packages supplied by D6 are not a staple
41. Kraft has been and will continue to be irreparably harmed by D6’s infringements
Page 11 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 12 of 13
WHEREFORE, Kraft respectfully requests that the Court grant the following relief:
A. A judgment that D6 infringed each of the Kraft Patents under 35 U.S.C. § 271(a),
B. A permanent injunction enjoining D6, and all persons acting in concert with D6,
C. A judgment and order requiring D6 to pay Kraft all damages caused by D6’s
infringement of each of the Kraft Patents (but in no event less than a reasonable royalty) pursuant
to 35 U.S.C. § 284, or the total profit made by D6 from its infringement of each of the
for any continuing post-verdict infringement up until entry of the final judgment, with an
accounting, as needed;
§ 285;
H. An award of Kraft’s attorneys’ fees for bringing and prosecuting this action;
I. An award of Kraft’s costs and expenses incurred in bringing and prosecuting this
action; and
J. Such further and additional relief as this Court deems just and proper.
Page 12 - COMPLAINT
Case 3:18-cv-01653 Document 1 Filed 09/12/18 Page 13 of 13
097204/97204/9296515v1
Page 13 - COMPLAINT
Case 3:18-cv-01653 Document 1-1 Filed 09/12/18 Page 1 of 8
iiiiiiniiHHi
US00D780599S
Complaint Exhibit A
Page 1 of 8
Case 3:18-cv-01653 Document 1-1 Filed 09/12/18 Page 2 of 8
us D780,599 S
Page 2
* cited by examiner
Complaint Exhibit A
Page 2 of 8
Case 3:18-cv-01653 Document 1-1 Filed 09/12/18 Page 3 of 8
Fig.l
Complaint Exhibit A
Page 3 of 8
Case 3:18-cv-01653 Document 1-1 Filed 09/12/18 Page 4 of 8
Fig. 2
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(54) PACKAGE
CPC B65D 1/36; B65D 71/70; B65D 85/78;
A23G 9/503
See application file for complete search history.
(71) Applicant: Kraft Foods Group Brands LLC,
Chicago, IL (US) (56) References Cited
U.S. PATENT DOCUMENTS
(72) Inventors: Muluken Tilahun, Waunakee, WI
(US); Daniel Doucette, DePorest, WI 4,653,685 A * 3/1987 Leaiy B65D 1/36
220/4.21
(US); Daniel R. Feldmeier, Waunakee, 0293,767 S * 1/1988 Powers D7/553.3
WI (US); Paris Alexander Edwards 4,930,627 A * 6/1990 Borst B65D 75/366
206/45.23
Lowitz, San Francisco, CA (US); Stacy 5,119,940 A * 6/1992 Grindrod B65D 75/54
Alycia Thomas Castro, Verona, WI 206/561
0335,821 S * 5/1993 Oetert 09/761
(US) 0337,048 S * 7/1993 Oetert 09/761
0337,268 S * 7/1993 Oetert 09/761
(73) Assignee: Kraft Foods Group Brands LLC, 0381,264 S ♦ 7/1997 LiRtmcott 09/425
5,695,798 A * 12/1997 Rozzano B650 21/0233
Chicago, IL (US) 206/518
5,743,402 A * 4/1998 Gics B650 77/0433
206/459.5
(**) Term: 15 Years
0395,392 S ♦ 6/1998 Lahm 09/425
0408,280 S * 4/1999 Manley 09/415
(21) Appl. No.: 29/581,612 0416,483 S * 11/1999 Manley 09/415
0420,283 S • 2/2000 Reichel 09/759
6,261,616 B1 * 7/2001 Simpson B650 1/34
(22) Filed: Oct. 20, 2016 206/541
0463,977 S * 10/2002 Castellanos 09/425
(Continued)
Related U.S. Application Data
Primary Examiner — Mark Goodwin
(62) Division of application No. 29/501,206, filed on Sep. (74) Attorney, Agent, or Firm — Fitch, Even, Tabin &
2, 2014, now Pat. No. Des. 780,599, which is a Flannery LLP
division of application No. 29/440,709, filed on Dec. (57) CLAIM
26, 2012, now Pat. No. Des. 714,660.
The ornamental design for a package, as shown and
(51) LOC(10)C1 09-03 described.
Complaint Exhibit B
Page 1 of 3
Case 3:18-cv-01653 Document 1-2 Filed 09/12/18 Page 2 of 3
us D798,738 S
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Page 2 of 3
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Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 1 of 27
TEL: 3I2.463.5000
Banner & Witcoff, ltd. FAX: 3I2.463.500I
INTELLECTUAL PROPERTY LAW www.bannerwitcoff.com
BINAL J. PATEL
Direct Dial: 312-463-5463
Direct Fax: 312-463-5763
BPatel@bannerwitcoff.com
Edward Dominion
President/CEO
D6,Inc.
4630 NE 190^"^ Lane
Portland, OR 97230
We represent Kraft Foods Group Brands LLC and Kraft Heinz Foods Company
(collectively, "Kraft") in their intellectual property matters. We write regarding packaging
produced by D6,Inc.("D6")for products currently sold at various grocery stores that violate
numerous Kraft intellectual property rights. As detailed below, Kraft demands that D6
immediately and permanently stop all unauthorized use of Kraft's intellectual property.
As you know, Kraft has been a household name in food products for well over a
hundred years. The success of Kraft is due in part to innovative and recognizable food
packaging. Kraft has developed significant consumer goodwill in its products and product
packaging. Indeed, consumers associate Kraft products and product packaging with high-
quality goods. To that end, Kraft has taken steps to protect its rights in its innovative and
recognizable products and packaging. For example, Kraft owns U.S. Design Patent Nos.
D714,660; D780,599; D798,166; and D798,738 (collectively, the "Asserted Patents"), among
others. Representative figures from the Asserted Patents are shown in Illustration 1 below.
Copies of the Asserted Patents are also enclosed for your reference.
CHICAGO. !L
WASHINGTON, DC
BOSTON. MA
Edward Dominion
July 10,2018
Page 2 of5
Fig.l
N,.
D714,660 D780,599
FIG.1
D798,738
D798,166
In addition, Kraft owns trade dress rights on the packaging for the "P3-Portable Protein Pack"
(the "Asserted Trade Dress"). Kraft has invested significant resources in the design,
development, manufacture, advertising, and marketing of its P3 product. And for several
years, Kraft has enjoyed substantial sales throughout the country, including Texas, fi*om its
P3 product. As a result of Kraft's efforts, consumers have come to uniquely associate the
design and appearance of the P3 product packaging with Kraft. An exemplary image of the
P3 product packaging is shown in Illustration 2 below.
Complaint Exhibit C
Page 2 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 3 of 27
Edward Dominion
July 10, 2018
Page 3 of5
D6 is violating Kraft's intellectual property rights in the Asserted Patents and the
Asserted Trade Dress. Specifically, D6 is promoting, producing,distributing, offering for sale,
and selling food product packaging ("Infnnging Packaging") to various companies that are
then using that packaging for their products sold at grocery stores. These companies include
at least Texas-based grocery store H.E.B. Representative images ofsome of H.E.B. products
using D6's Infiinging Packaging are shown in Illustration 3 below.
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D6's Infnnging Packaging is nearly identical in its overall appearance to the Kraft
Asserted Patents shown in the figures above. Most notably and by example only, the fi-ont-
Complaint Exhibit C
Page 3 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 4 of 27
Edward Dominion
July 10,2018
Page 4 of5
facing, dumbbell shape of the D6 packaging is substantially the same as that in each of the
above-referenced Asserted Patents. D6's Infringing Packaging thus infringes the Asserted
Patents. For similar reasons, D6's packaging also infringes the Asserted Trade Dress.
This unlawful conduct, without the consent of Kraft, is likely to cause confusion,
mistake, and deception ofthe public. Remedies for design patent and trade dress infringement
may include an injunction, damages(including up to treble damages for willful conduct), and
attorneys' fees.
In order to resolve this matter amicably, we demand that D6 and all of its affiliated
suppliers, retailers, and partners immediately and permanently stop all unauthorized use of
Kraft's intellectual property—^including further manufacture, importation into the United
States, distribution, promotion, advertisement, and/or sale of products bearing the Infringing
Packaging.
(2) Confirmation that D6 has ceased all unlawful conduct with respect
each product identified in response to (1);
(4) For each product identified in response to (1), the specific date(s)
that D6 complied with(2)and (3).
(5) The number of each product identified in response to (1) that was
sold by D6;
(6) A full accounting of D6's sales, revenues, and profits from its sales
ofeach product identified in response to (1);
(9) Full details identifying the individuals associated with the source(s)
of each product identified in response to (1), including the name.
Complaint Exhibit C
Page 4 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 5 of 27
Edward Dominion
July 10, 2018
Page 5 of5
Based on information that you provide, we will address in due course the monetary amount
owed by D6 to account for past infringement.
Kraft prefers to resolve this matter amicably. But,given the extensive time and expense
Kraft has invested in its products and intellectual property, Kraft is prepared to protect its
rights and pursue this matter to the fullest extent ofthe law. And as you are likely aware,Kraft
owns many other valuable intellectual property rights, including patents, trademarks, and
copyrights, all around the world. This letter is therefore without prejudice to Kraft's assertion
ofany and all rights and remedies it may have against D6,all ofwhich are expressly reserved.
Sincerely,
Binal J. Patel
Enclosures
Complaint Exhibit C
Page 5 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 6 of 27
US00D714660S
Complaint Exhibit C
Page 6 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 7 of 27
us D714,660S
Page 2
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Page 7 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 8 of 27
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Page 15 of 27
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US00D798166S
(71) Applicant: Kraft Foods Group Brands LLC, See application file for complete search histoiy.
Chicago, IL(US) (56) References Cited
(52) U.S.C1.
DESCRIPTION
USPC , D9/737
(58) Field of Classification Search FIG. 1 is a perspective view of a package showing our new
USPC D9/737, 761, 414, 415, 424, 425, design;
FIG. 2 is a top plan view thereof, the bottom plan view being
D9/430-432, 427; 426/108, 110, 119, identical;
426/122; 229/164.1; 206/45.24, 45.23, FIG. 3 is a fix>nt elevation view thereof; and,
206/461, 545; 220/631 (Continued)
Complaint Exhibit C
Page 22 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 23 of 27
us D798,166 S
Page 2
* cited by examiner
Complaint Exhibit C
Page 23 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 24 of 27
Complaint Exhibit C
Page 24 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 25 of 27
iniHiiiiviiniiii US00D798738S
(52) U.S. CL
DESCRIPTION
USPC D9/737
(58) Field of Classification Search FIG. 1 is a perspective view of a package showing our new
USPC D9/737, 761, 414, 415, 424, 425, design;
FIG. 2 is a top plan view thereof, the bottom plan view being
D9/430-432, 427; 426/108, 110, 119, identical;
426/122; 229/164.1; 206/45.24, 45.23, FIG. 3 is a fix)nt elevation view thereof; and,
206/461, 545; 220/631 (Continued)
Complaint Exhibit C
Page 25 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 26 of 27
us D798,738 S
Page 2
♦ cited by examiner
Complaint Exhibit C
Page 26 of 27
Case 3:18-cv-01653 Document 1-3 Filed 09/12/18 Page 27 of 27
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Case 3:18-cv-01653 Document 1-4 Filed 09/12/18 Page 1 of 2
JS 44 (Rev. 08/18) 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.)
(b) County of Residence of First Listed Plaintiff Cook County of Residence of First Listed Defendant Multnomah
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Tonkon Torp LLP (503) 221-1440
1600 Pioneer Tower
888 SW Fifth Avenue, Portland OR 97204
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
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. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
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.
Case 3:18-cv-01653 Document 1-5 Filed 09/12/18 Page 1 of 2
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Jon P. Stride
TONKON TORP LLP, 888 SW Fifth Avenue, Suite 1600, Portland, OR 97204
-and-
Binal J. Patel / Erik S. Maurer / Novaira Paul
BANNER & WITCOFF, LTD., 10 South Wacker Drive, Suite 3000, Chicago, IL 60606
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 3:18-cv-01653 Document 1-5 Filed 09/12/18 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address