Gametek v. 6waves Et. Al.
Gametek v. 6waves Et. Al.
Gametek v. 6waves Et. Al.
John J. Edmonds (State Bar No. 274200) jedmonds@cepiplaw.com COLLINS, EDMONDS, POGORZELSKI, SCHLATHER & TOWER, PLLC 1851 East First Street, Suite 900 Santa Ana, California 92705 Telephone: (951) 708-1237 Facsimile: (951) 824-7901 Attorney for Plaintiff, GAMETEK LLC UNITED STATES DISTRICT COURT
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6WAVES LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES TECHNOLOGIES, LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES US, INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; SIX WAVES INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES, Defendants.
COMPLAINT FOR INFRINGEMENT OF U.S. PATENT NO. 7,076,445 DEMAND FOR JURY TRIAL Complaint Filed: December 10, 2012 Trial Date: not set
This is an action for patent infringement in which GAMETEK LLC submits this Complaint
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against Defendants named herein, namely 6WAVES LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES TECHNOLOGIES, LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES US, INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; SIX WAVES INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES (collectively Defendants), as follows:
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company with a place of business at 500 Newport Center Drive, Suite 700, Newport Beach, CA 92660.
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2.
On information and belief, Defendants 6WAVES LLC f/k/a LOLAPPS INC. d/b/a
6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES TECHNOLOGIES, LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES are Delaware limited liability companies with a place of business at 116 New Montgomery St., Suite 700, San Francisco, CA 94105. 3. On information and belief, Defendant 6WAVES US, INC. f/k/a LOLAPPS INC.
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d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES is a Delaware corporation with a place of business at 116 New Montgomery St., Suite 700, San Francisco, CA 94105. 4. On information and belief, SIX WAVES INC. f/k/a LOLAPPS INC. d/b/a 6WAVES
LOLAPPS d/b/a SIX WAVES is a British Virgin Island Corporation with place of business at Suite 601, 6/F, Caroline Centre, Lee Gardens Twim 28 Yun Ping Road, Causeway Bay, Hong Kong.
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Hereinafter, 6WAVES LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES TECHNOLOGIES, LLC f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; 6WAVES US, INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES; SIX WAVES INC. f/k/a LOLAPPS INC. d/b/a 6WAVES LOLAPPS d/b/a SIX WAVES are collectively referred to as SIX WAVES. JURISDICTION AND VENUE
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5.
This action arises under the patent laws of the United States, Title 35 of the United
States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
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6.
On information and belief, the Defendants are subject to this Courts specific and/or
general personal jurisdiction, pursuant to due process and/or the California Long Arm Statute, due at least to their substantial business in California, including related to the infringements alleged herein. Further, on information and belief, Defendants have interactive websites and/or games comprising
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infringing methods, which are at least used in and/or accessible in California. Further, on information and belief, Defendants regularly conduct and/or solicit business, engage in other persistent courses of conduct, and/or derive substantial revenue from goods and services provided to persons and/or entities in California. 7. Venue is proper in this district under 28 U.S.C. 1391(b), 1391(c) and 1400(b).
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Without limitation, on information and belief, Defendants are subject to personal jurisdiction in this district. On information and belief, the Defendants are subject to this Courts specific and/or general personal jurisdiction, pursuant to due process and/or the California Long Arm Statute, due at least to their substantial business in this district, including related to the infringements alleged herein. Further, on information and belief, Defendants have interactive websites and games comprising
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infringing methods, which are at least used in and/or accessible in this district. Further, on information and belief, Defendants regularly conduct and/or solicit business, engage in other persistent courses of conduct, and/or derive substantial revenue from goods and services provided to persons and/or entities in this district. COUNT I INFRINGEMENT OF U.S. PATENT NO. 7,076,445
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8.
United States Patent No. 7,076,445 (the 445 patent), entitled SYSTEM AND
METHODS FOR OBTAINING ADVANTAGES AND TRANSACTING THE SAME IN A COMPUTER GAMING ENVIRONMENT, issued on July 11, 2006.
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9.
GAMETEK is the present assignee of the entire right, title and interest in and to the
445 patent, including all rights to sue for past and present infringement. Accordingly, GAMETEK has standing to bring this lawsuit for infringement of the 445 patent. 10. The various claims of the 445 patent cover, inter alia, a method of managing a game
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comprising displaying a plurality of game objects, determining if the user has sufficient consideration to purchase a game object, presenting an offer to purchase the game object dependent upon parameters comprising the tracked activity of the user and the indication that the user has sufficient consideration, permitting the user to purchase the game object without interrupting the game, supplying the purchased game object to the user without interrupting the game, and
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incorporating the game object into the game. 11. On information and belief, SIX WAVES has been and now is infringing, including
jointly, the 445 patent by actions comprising managing a game comprising displaying a plurality of game objects, determining if the user has sufficient consideration to purchase a game object, presenting an offer to purchase the game object dependent upon parameters comprising the tracked
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activity of the user and the indication that the user has sufficient consideration, permitting the user to purchase the game object without interrupting the game, supplying the purchased game object to the user without interrupting the game, and incorporating the game object into the game. On information and belief, such methods comprise Ravenwood Fair, Ravenskye City, Astro Garden, Township, Airport City, Fishing Stars, Ravenshire Castle, The Lost Island, Fluffy Tale, Star City, Style Street, Animal Party, Simply Hospital, My Country, Zombie Island, Lords of Atlantis, Toy City, Big
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Business, and Resort World. 12. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
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13.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Ravenskye City. 14. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
15.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Township. 16. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Airport City. 17. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
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known as Fishing Stars. 18. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Ravenshire Castle. 19. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
20.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Fluffy Tale. 21. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Star City. 22. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
23.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
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24.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Simply Hospital. 25. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as My Country.
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26.
Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Zombie Island. 27. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Lords of Atlantis. 28. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
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known as Toy City. 29. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
known as Big Business. 30. Further, on information and belief, SIX WAVE makes, uses, and hosts the game
31.
GAMETEK. SIX WAVES is liable to GAMETEK in an amount that adequately compensates GAMETEK for its infringement, which, by law, can be no less than a reasonable royalty. 32. SIX WAVES was put on notice of the 445 patent prior to the filing of this suit.
GAMTEK contends that, at a minimum, SIX WAVES ongoing infringement of the 445 patent since receiving notice of the 445 patent is willful, including because SIX WAVES infringement is
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PRAYER FOR RELIEF WHEREFORE, GAMETEK respectfully requests that this Court enter: 1. A judgment in favor of GAMETEK that Defendants have infringed the 445 patent; A judgment that SIX WAVES infringement is and/or has been willful and
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2.
objectively reckless; 3. A permanent injunction enjoining Defendants, and their officers, directors,
employees, agents, affiliates and all others acting in active concert therewith from infringing the 445 patent;
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4.
A judgment and order requiring SIX WAVES to pay to GAMETEK its damages,
costs, expenses, fees and prejudgment and post-judgment interest for SIX WAVES infringement of the 445 patent as provided under 35 U.S.C. 284 and/or 285. 5. A judgment and order finding that this is an exceptional case within the meaning of
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Any and all other relief to which GAMETEK may show itself to be entitled.
DEMAND FOR JURY TRIAL Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any issues so triable by right.
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Dated:
_/s/ John J. Edmonds________________ John J. Edmonds Attorney for Plaintiff GAMETEK LLC
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