Beruflich Dokumente
Kultur Dokumente
3. This Court has personal jurisdiction over the Defendant, and venue in
this District is proper under 28 U.S.C. § 1391(b), in that the acts of infringement
complained of herein originated in this District.
PARTIES
and existing under the laws of the State of Delaware, with its principal place of
COUNTI
INFRINGEMENT OF COPYRIGHTS
I 7. Among other video games, Plaintiff is, and at all relevant times has
2 been, the copyright owner or licensee of exclusive rights under United States
3 copyright with respect to Call of Duty 3 (Xbox 360), which is the subject of a valid
4 Certificate of Copyright Registration issued by the Register of Copyrights, (PA 1-
5 375-497) ("Copyrighted Video Game").
6
7 8. Among the exclusive rights granted to Plaintiff under the Copyright
Act are the exclusive rights to reproduce the Copyrighted Video Game, to make or
create derivative works from the Copyrighted Video Game, and to distribute the
Copyrighted Video Game to the public.
10. The foregoing acts of infringement have been willful and intentional,
in disregard of and indifference to the rights of Plaintiff.
I pursuant to 17 U.S.C. §504. Plaintiff further is entitled to its attorneys' fees and
2 costs pursuant to 17 U.S.C. §505.
3
4 12. The conduct of Defendant is causing and, unless enjoined and
5 restrained by this Court, will continue to cause, Plaintiff great and irreparable
adequate remedy at law. Pursuant to 17 U.S.C. §§502 and 503, Plaintiff is entitled
copyrights.
By.
Kfir n G. Pa ' eli
Attorn yys for Plaintiff
ACTIVSION PUBLISHING, INC.
17
Mitchell
28
Silberberg &
Knupp LLP
1944583.1 4
11
Case 2:08-cv-05623-R-RC Document 1 Filed 08/27/2008 Page 6 of 9
This case has been assigned to District Judge Manuel Real and the assigned discovery
Magistrate Judge is Rosalyn M. Chapman.
The case number on all documents filed with the Court should read as follows:
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
Unless otherwise ordered, the United States District Judge assigned to this case will
hear and determine all discovery related motions.
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case (SBN
Karin G. Pagnanelli 2:08-cv-05623-R-RC
174763) kgp@msk.comDocument 1 Filed 08/27/2008 Page 7 of 9
Marc E. Mayer (SBN 190969) mem@msk.com
Mitchell Silberberg & Knupp LLP
11377 W. Olympic Boulevard
Los Angeles, CA 90064
Telephone: 310-312-2000
Facsimile: 310-312-3100
CASE NUMBER
ACTIVISION PUBLISHING, INC.
PLAINTIFF(S)
V
Within 20 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached ® complaint ❑ amended complaint
I counterclaim ❑ cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff's attorney, Karin G. Pagnanelli, whose address is Mitchell Silberberg
& Knupp LLP, 11377 W. Olympic Boulevard, Los Angeles, CA 90064. If you fail to do so, 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.
LATEE HORN
Dated: AN 2 7 2008 By:
Deputy Clerk
[Use 60 days if the defendant is the United States or a United States agency, or is an o he United States. Allowed
60 days by Rule 12(a)(3)J.
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing Attorneys (If Known)
oursel> provide same.
Karin G. Pagnanelli (SBN 174763) kgp@msk.com
Marc E. Mayer (SBN 190969) mem@msk.com
Mitchell Siilberberg & Knupp LLP
11377 W. Olympic Blvd., Los Angeles, CA 90064
Telephone: 310-312-2000 Facsimile: 310-312-3100
11. BASIS OF JURISDICTION (Place an X in one box only.) III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
1 U.S. Government Plaintiff 3 Federal Question (U.S. PTF DEF PTF DEF
Goverment Not a Party Citizen of This State ❑ 1 ❑ 1 corporated or Principal Place ❑4 ❑4
of Business in this State
2 U.S. Government Defendant 4 Diversity (Indicate Citizenship Citizen of Another State ❑2 ❑2 Incorporated and Principal Place ❑ 5 ❑ 5
of Parties in Item III) of Business in Another State
Citizen or Subject of a Foreign Country ❑ 3 ❑ 3 -reign Nation ❑6 ❑6
VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
17 U.S.C. section 501 et se g. - copyright infringement
VII. NATURE OF SUIT lace an X in one box on ly.)
a IDENTICAL CASES: Has this action been previously fled in this court and dismissed, remanded or closed? "® No
If es, list case number(s):
). RELATED CASES: Have an cases been previously filed in this court that are related to the resent case? ® No ❑ Yes
es, list case nurnbe s
'I cases are deemed related if a previously filed case and the-present case:
(Check all boxes that apply) [I A. Arise from the same or closely related transactions, happenings, or events; or
❑ B. Call for determination of the same or substantially related or similar questions of law and fact; or
❑ C. For other reasons would entail substantial duplication of labor if heard by different judges; or
❑ D. Involve the same patent, trademark. or copyright, and one of the factors identified above in a, b or c also is present.
a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
Check here if the government, its agencies or employees is a named laintif£ If this box is checked o to item b).
County.in this District:' California County outside of this Distnck State, if other than California; or Foreign Country ..
Los Angeles
b) List the County in this District; California County outside of this District-, State if other than California; or Foreign Country, in which EACH named defendant resides.
Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c)_
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Wyoming
c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note: In land condemnation cases, use the location of the tract of land involved
County in this District:' California County outside of this District; State, if other than California; or Foreign Country
Wyoming
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases, use the location of the trac land in Ived
Notice to CounseltParties : The CV-71 (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. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet- (For more detailed instructions, see separate instructions sheet.)