`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`a Delaware Corporation,
`
`Defendant.
`
`C.A. No. 15-228-RGA
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 2 of 37 PageID #: 448
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Acceleration Bay LLC (“Acceleration Bay”) files this Amended Complaint for
`
`Patent Infringement and Jury Demand against Defendant Activision Blizzard, Inc. (“Defendant”
`
`or “Activision Blizzard”) and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Acceleration Bay is a Delaware limited liability corporation, with its principal
`
`place of business at 370 Bridge Parkway, Redwood City, California 94065.
`
`2.
`
`Acceleration Bay is an incubator for next generation businesses, in particular
`
`companies that focus on delivering information and content in real-time. Acceleration Bay
`
`invests in and supports companies that further the dissemination of technological advancements.
`
`3.
`
`Acceleration Bay also collaborates with inventors and research institutions to
`
`analyze and identify important technological problems, generate new solutions to these
`
`problems, and bring those solutions to market through its partnerships with existing companies
`
`and startups.
`
`4.
`
`On information and belief, Activision Blizzard is a Delaware corporation with its
`
`principal place of business at 3100 Ocean Park Boulevard, Santa Monica, California 90405.
`
`5.
`
`Acceleration Bay is informed and believes that Activision Blizzard makes, uses,
`
`sells, offers for sale, and/or imports into the United States and this District products and services
`
`that utilize multiplayer or multisystem network technology as claimed in the Acceleration Bay
`
`Patents (defined below), including but not limited to, World of Warcraft (“WoW”) (including,
`
`but not limited to WoW Chat, Chat Channels, WoW Client Downloader, Raid Finder/Looking
`
`For A Raid, Cross Realm Zones, Cross Realm Raids, Battle Grounds, Looking for Adventure,
`
`and Recruiting for Danger functionalities within WoW), Destiny (including, but not limited to
`
`1
`
`
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`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 3 of 37 PageID #: 449
`
`multiplayer modes Crucible and Strike), and Call of Duty: Advanced Warfare (including, but not
`
`limited to multiplayer modes Team Deathmatch, Domination, Search and Destroy, Search and
`
`Rescue, Hardpoint, Capture the Flag, Kill Confirmed, Free for All, Infected, Uplink, and
`
`Momentum).
`
`JURISDICTION AND VENUE
`
`6.
`
`This action arises under the Patent Act, 35 U.S.C. § 101 et seq. This Court has
`
`original jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`7.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or
`
`1400(b).
`
`8.
`
`This Court has personal jurisdiction over Defendant. Upon information and
`
`belief, Defendant does business in this District and has, and continues to, infringe and/or induce
`
`the infringement in this District. On information and belief, Defendant is incorporated in the
`
`State of Delaware. In addition, the Court has personal jurisdiction over Defendant because it has
`
`established minimum contacts with the forum and the exercise of jurisdiction would not offend
`
`traditional notions of fair play and substantial justice.
`
`THE PATENTS-IN-SUIT
`
`9.
`
`This case involves six patents owned by Acceleration Bay: U.S. Patent No.
`
`6,701,344; U.S. Patent No. 6,714,966; U.S. Patent No. 6,732,147; U.S. Patent No. 6,829,634;
`
`U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497 (collectively referred to as the
`
`“Acceleration Bay Patents”).
`
`10.
`
`On March 2, 2004, U.S. Patent No. 6,701,344 (“the ‘344 Patent”), entitled
`
`DISTRIBUTED GAME ENVIRONMENT, was issued to Fred B. Holt and Virgil E. Bourassa.
`
`A true and correct copy of the ‘344 Patent is attached to this Complaint as Exhibit 1 and is
`
`2
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 4 of 37 PageID #: 450
`
`incorporated by reference herein.
`
`11.
`
`All rights, title, and interest in the ‘344 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ‘344 Patent.
`
`12.
`
`The ‘344 Patent is generally directed towards systems for an effective broadcast
`
`technique in a game environment using a regular network. By implementing such a broadcast
`
`technique, the system is able to provide a broadcast channel using an underlying network system
`
`that sends messages on a point to point basis, providing efficiency and reliability to a gaming
`
`environment.
`
`13.
`
`On March 30, 2004, U.S. Patent No. 6,714,966 (“the ‘966 Patent”), entitled
`
`INFORMATION DELIVERY SERVICE, was issued to Fred B. Holt and Virgil E. Bourassa. A
`
`true and correct copy of the ‘966 Patent is attached to this Complaint as Exhibit 2 and is
`
`incorporated by reference herein.
`
`14.
`
`All rights, title, and interest in the ‘966 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘966 Patent.
`
`15.
`
`The ‘966 Patent is generally directed towards systems for providing an
`
`information delivery service using a regular network. One of the ways this is accomplished is by
`
`sending data through neighbor participants.
`
`16.
`
`On May 4, 2004, U.S. Patent No. 6,732,147 (“the ‘147 Patent”), entitled
`
`LEAVING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
`
`true and correct copy of the ‘147 Patent is attached to this Complaint as Exhibit 3 and is
`
`incorporated by reference herein.
`
`17.
`
`All rights, title, and interest in the ‘147 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘147 Patent.
`
`3
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 5 of 37 PageID #: 451
`
`18.
`
`The ‘147 Patent is generally directed towards methods and systems for leaving a
`
`broadcast channel. One of the ways this is accomplished is by sending messages to a second
`
`computer, so that the second computer can connect to a third computer to maintain a regular
`
`network.
`
`19.
`
`On December 7, 2004, U.S. Patent No. 6,829,634 (“the ‘634 Patent”), entitled
`
`BROADCASTING NETWORK, was issued to Fred B. Holt and Virgil E. Bourassa. A true and
`
`correct copy of the ‘634 Patent is attached to this Complaint as Exhibit 4 and is incorporated by
`
`reference herein.
`
`20.
`
`All rights, title, and interest in the ‘634 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘634 Patent.
`
`21.
`
`The ‘634 Patent is generally directed towards systems for broadcasting data
`
`across a regular network. One of the ways this is accomplished is by sending data received from
`
`neighbor participants to other neighbor participants. This creates reliability in the regular
`
`network.
`
`22.
`
`On June 21, 2005, U.S. Patent No. 6,910,069 (“the ‘069 Patent”), entitled
`
`JOINING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
`
`true and correct copy of the ‘069 Patent is attached to this Complaint as Exhibit 5 and is
`
`incorporated by reference herein.
`
`23.
`
`All rights, title, and interest in the ‘069 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘069 Patent.
`
`24.
`
`The ‘069 Patent is generally directed towards methods for adding a participant to
`
`a network without placing a high overhead on the underlying network. One of the ways this is
`
`accomplished is by identifying a pair of participants that are connected to the network,
`
`4
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 6 of 37 PageID #: 452
`
`disconnecting the identified pair from each other, and then connecting a seeking participant to
`
`the identified pair.
`
`25.
`
`On July 19, 2005, U.S. Patent No. 6,920,497 (“the ‘497 Patent”), entitled
`
`CONTACTING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E.
`
`Bourassa. A true and correct copy of the ‘497 Patent is attached to this Complaint as Exhibit 6
`
`and is incorporated by reference herein.
`
`26.
`
`All rights, title, and interest in the ‘497 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘497 Patent.
`
`27.
`
`The ‘497 Patent is generally directed towards methods and systems for contacting
`
`a broadcast channel. One of the ways this is accomplished is by the seeking computer using a
`
`selected call-in port to request that the portal computer coordinate the connection of the seeking
`
`computer.
`
`THE ACCUSED PRODUCTS
`
`28. WoW: Acceleration Bay is informed and believes that WoW products and
`
`services utilize the network technology claimed in the Acceleration Bay Patents to offer a
`
`multiplayer or multisystem gaming environment to its players. Acceleration Bay is informed and
`
`believes that these players operate within WoW’s gaming environment as individual members of
`
`one of over 240 different realm servers. Acceleration Bay is informed and believes that these
`
`240+ realms, and virtual instances of the realms, operate on multiple computing servers that
`
`communicate with each other. See, e.g.:
`
`5
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 7 of 37 PageID #: 453
`
`http://us.battle.net/wow/en/game/guide/getting-started.
`
`29.
`
`Acceleration Bay is informed and believes that WoW products and services
`
`utilize the network technology claimed in the Acceleration Bay Patents to perform many
`
`functionalities within its gaming environment.
`
`30.
`
`These products and services include, but are not limited to, WoW’s Cross-Realm
`
`technology, which allows individual players from multiple different realms to interact and
`
`communicate with each other inside WoW’s gaming environment:
`
`http://us.battle.net/wow/en/blog/10551009.
`
`6
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 8 of 37 PageID #: 454
`
`31.
`
`Cross-Realm technology is used in and includes, but is not limited to, the
`
`following WoW functionalities:
`
`WoW’s Cross-Realm Raids functionality:
`
`http://us.battle.net/wow/en/blog/4270420;
`
`WoW’s Raid Finder / Looking for Raid functionality:
`
`http://us.battle.net/wow/en/blog/3608426;
`
`7
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 9 of 37 PageID #: 455
`
`WoW’s Cross-Realm Battle Grounds functionality:
`
`http://us.battle.net/wow/en/game/guide/late-game;
`
`WoW’s Cross-Realm Zones functionality:
`
`http://us.battle.net/wow/en/blog/5393667/;
`
`8
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 10 of 37 PageID #: 456
`
`and WoW’s Looking for Adventure / Recruiting for Danger functionality:
`
`http://us.battle.net/wow/en/blog/15200760/.
`
`9
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 11 of 37 PageID #: 457
`
`32.
`
`Acceleration Bay is informed and believes that WoW’s Voice Chat functionality
`
`allows individual players to communicate with each other, by voice, though the use of the
`
`network technology claimed in the Acceleration Bay Patents:
`
`http://us.battle.net/wow/en/game/guide/playing-together.
`
`33.
`
`Acceleration Bay is informed and believes WoW Downloader utilizes a peer-to-
`
`peer network to improve download speed for updates, installation and other downloadable
`
`information. See e.g.:
`
`10
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 12 of 37 PageID #: 458
`
`https://us.battle.net/support/en/article/how-to-toggle-peer-to-peer-protocol.
`
`34.
`
`Acceleration Bay is informed and believes WoW’s Game Client and WoW
`
`Launcher utilize a method of connecting a computer to a network through a portal computer.
`
`See, e.g.:
`
`http://us.battle.net/en/what-is/.
`
`11
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 13 of 37 PageID #: 459
`
`35.
`
`Destiny: Acceleration Bay is informed and believes that Destiny utilizes the
`
`network technology claimed in the Acceleration Bay Patents to perform multiple functionalities
`
`including multiplayer modes Crucible and Strike. See e.g.,
`
`http://www.destinythegame.com/game/modes/. Acceleration Bay is informed and believes that
`
`Destiny provides a hybrid system where each area within the game called “destination” has its
`
`own dedicated servers while all the players that are in that “destination” are connected to a peer-
`
`to-peer network and capable of communicating and interacting with each other. See
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`
`destiny.aspx; see also http://destiny.wikia.com/wiki/Demonware_Blog. Acceleration Bay is
`
`informed and believes that Destiny utilizes “on-the-fly matchmaking technology” that allows
`
`numerous individual players in a “destination” to be matched “invisibly” and thereby able to
`
`encounter, communicate and interact with each other. See
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview. Acceleration
`
`Bay is further informed and believes that Destiny is capable of allowing “millions” of players to
`
`be “in one connected online world.” See
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`
`destiny.aspx.
`
`36.
`
`Acceleration Bay is informed and believes Destiny allows players to
`
`communicate using the network technology claimed in the Acceleration Bay Patents. As a way
`
`of example and not a limitation, Destiny provides a multiplayer mode, such as “The Crucible,”
`
`where multiple participants can simultaneously interact and communicate with each other
`
`utilizing the network technology claimed in the Acceleration Bay Patents.
`
`12
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 14 of 37 PageID #: 460
`
`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`13
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 15 of 37 PageID #: 461
`
`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`37.
`
`Call of Duty: Advanced Warfare: Acceleration Bay is informed and believes
`
`that Call of Duty: Advanced Warfare utilizes the network technology claimed in the Acceleration
`
`Bay Patents to perform multiple functionalities including multiplayer modes Team Deathmatch,
`
`Domination, Search and Destroy, Search and Rescue, Hardpoint, Capture the Flag, Kill
`
`Confirmed, Free for All, Infected, Uplink, and Momentum. See e.g.,
`
`https://www.callofduty.com/advancedwarfare/mp. As a way of example and not a limitation,
`
`Call of Duty: Advanced Warfare provides multiplayer modes such as Search and Destroy, which
`
`is an objective multiplayer mode where two teams of four to six players face off against each
`
`other, using the network technology claimed in the Acceleration Bay Patents. See
`
`http://www.ign.com/wikis/call-of-duty-advanced-warfare/Search_and_Destroy; see also
`
`https://community.sledgehammergames.com/community/sledgehammer/blog/2014/11/07/excite
`
`ment-from-call-of-duty-advanced-warfare-launch-week-and-updates-coming-soon.
`
`14
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 16 of 37 PageID #: 462
`
`38.
`
`Acceleration Bay is informed and believes that Call of Duty: Advanced Warfare
`
`allows players to communicate using the network technology as claimed in the Acceleration Bay
`
`Patents. Acceleration Bay is also informed and believes that Call of Duty: Advanced Warfare
`
`uses the network technology claimed in the Acceleration Bay Patents to allow players to leave a
`
`game in the middle of a match without affecting other players. As a way of example and not a
`
`limitation, Call of Duty: Advanced Warfare provides a multiplayer mode, such as “Domination,”
`
`where multiple participants can concurrently interact and communicate with each other while
`
`also having an option to leave the game without affecting other players in the match by utilizing
`
`the network technology as claimed in the Acceleration Bay Patents.
`
`http://www.ign.com/articles/2015/01/28/optic-midnite-plays-call-of-duty-with-ign?watch.
`
`15
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 17 of 37 PageID #: 463
`
`ACTIVISION BLIZZARD’S INFRINGEMENT OF ACCELERATION BAY’S PATENTS
`
`39.
`
`Defendant has been and is now infringing the Acceleration Bay Patents (i.e., the
`
`‘344 Patent, ‘966 Patent, ‘147 Patent, ‘634 Patent, ‘069 Patent, and ‘497 Patent) in this judicial
`
`District, and elsewhere in the United States by, among other things, making, using, importing,
`
`selling, and/or offering for sale the claimed system and methods on WoW, Destiny, and Call of
`
`Duty: Advanced Warfare.
`
`40.
`
`In addition to directly infringing the Acceleration Bay Patents pursuant to 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, or both, Defendant
`
`indirectly infringes the ‘147 Patent, ‘069 Patent, and ‘497 Patent pursuant to 35 U.S.C. § 271(b)
`
`by instructing, directing and/or requiring others, including its users and developers, to perform
`
`all or some of the steps of the method claims, either literally or under the doctrine of equivalents,
`
`or both, of the ‘147 Patent, ‘069 Patent, and ‘497 Patent.
`
`COUNT I
`(Direct Infringement of the ‘344 Patent pursuant to 35 U.S.C. § 271(a))
`
`41.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`42.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘344
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`43.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`44.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`16
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 18 of 37 PageID #: 464
`
`45.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including, but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘344 Patent.
`
`46.
`
`Defendant’s WoW products infringe the ‘344 Patent through, at minimum, its
`
`Cross Realm technologies, which allow individual players from multiple different realms to
`
`communicate and interact with each other using a broadcast technique in which a broadcast
`
`channel uses an underlying network system to send messages on a point-to-point basis.
`
`47.
`
`Defendant’s Destiny products infringe the ‘344 Patent through, at minimum, its
`
`multiplayer technology, which allows numerous individual players that are in a destination or an
`
`area to interact and communicate with each other using a broadcast technique in which a
`
`broadcast channel uses an underlying network system to send messages on a point-to-point basis.
`
`48.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘344 Patent
`
`through, at minimum, its multiplayer technology, which allows individual players to interact and
`
`communicate with each other using a broadcast technique in which a broadcast channel uses an
`
`underlying network system to send messages on a point-to-point basis.
`
`49.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`50.
`
`Defendant’s infringement of the ‘344 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`17
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 19 of 37 PageID #: 465
`
`COUNT II
`(Direct Infringement of the ‘966 Patent pursuant to 35 U.S.C. § 271(a))
`
`51.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`52.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘966
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`53.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`54.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`55.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘966 Patent.
`
`56.
`
`Defendant’s WoW products infringe the ‘966 Patent through, at minimum, its
`
`Cross Realm technologies, which allow individual players from multiple different realms to
`
`interact and communicate with each other over a computer network for providing an information
`
`delivery service for a plurality of participants, whereby information is sent on a point-to-point
`
`basis.
`
`57.
`
`Defendant’s Destiny products infringe the ‘966 Patent through, at minimum, its
`
`multiplayer technology, which allows individual players to interact and communicate with each
`
`other over a computer network for providing an information delivery service for a plurality of
`
`participants, whereby information is sent on a point-to-point basis.
`
`18
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 20 of 37 PageID #: 466
`
`58.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘966 Patent
`
`through, at minimum, its multiplayer technology, which allows individual players to interact and
`
`communicate with each other by sending data through neighbor participants.
`
`59.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`60.
`
`Defendant’s infringement of the ‘966 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`COUNT III
`(Direct Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(a))
`
`61.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`62.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘147
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`63.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`64.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization or
`
`license of Acceleration Bay.
`
`65.
`
`Defendant’s infringement of one or more method claims of the ‘147 Patent is a
`
`result of Defendant’s own actions and/or its actions in combination with the actions of users,
`
`developers, and/or customers to perform the steps of the claimed methods.
`
`66.
`
`Defendant has direction or control over users’ performance of the steps of claimed
`
`methods as evident from and through the Terms of Use for its products and service that users
`
`19
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 21 of 37 PageID #: 467
`
`must agree to prior to use of Defendant’s products or services (examples attached hereto as
`
`Exhibits 17 and 18). Defendant maintains control at all times over the operation and
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`dissemination of content by users of Defendant’s products and services, and the users are
`
`contractually required to use only Defendant’s software to access Defendant’s online services
`
`and features. The Terms of Use (examples attached hereto as Exhibits 17 and 18) state that
`
`Defendant owns all content appearing or generated from its products or services, and has the
`
`unrestricted right to use, adapt, reproduce, and distribute such content into any form or medium
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`(See e.g., Sections 3, 6,and 18 of the Terms of Use and Sections 2, 4, and 5 of the Terms of Use
`
`for WoW).
`
`67.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘147 Patent.
`
`68.
`
`Defendant’s WoW products infringe the ‘147 Patent through, at minimum, its
`
`Cross-Realm technology and its Voice Chat functionality, which allow individual players from
`
`multiple different realms to interact and communicate with each other over a multi-cast computer
`
`network, and where individual players can leave the computer network by sending messages to a
`
`second computer so that the second computer can connect to a third computer to maintain a
`
`regular network.
`
`69.
`
`Defendant’s Destiny products infringe the ‘147 Patent through, at minimum, its
`
`multiplayer technology, which allows each individual player to leave the network by sending
`
`messages to a second computer so that the second computer can connect to a third computer to
`
`maintain a regular network.
`
`20
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 22 of 37 PageID #: 468
`
`70.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘147 Patent
`
`through, at minimum, its multiplayer technology, which allows each individual player to leave
`
`the network by sending messages to a second computer so that the second computer can connect
`
`to a third computer to maintain a regular network.
`
`71.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`72.
`
`Defendant’s infringement of the ‘147 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`COUNT IV
`(Indirect Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(b))
`
`73.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`74.
`
`Defendant has induced and continues to induce infringement of at least claims 1-
`
`10 of the ‘147 Patent under 35 U.S.C. § 271(b).
`
`75.
`
`In addition to directly infringing the ‘147 Patent, Defendant indirectly infringes
`
`the ‘147 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others,
`
`including but not limited to, its customers, users and developers, to perform one or more of the
`
`steps of the method claims, either literally or under the doctrine of equivalents, of the ‘147
`
`Patent, where all the steps of the method claims are performed by either Defendant, its
`
`customers, users or developers, or some combination thereof. Defendant knew or was willfully
`
`blind to the fact that it was inducing others, including customers, users and developers, to
`
`infringe by practicing, either themselves or in conjunction with Defendant, one or more method
`
`claims of the ‘147 Patent.
`
`21
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 23 of 37 PageID #: 469
`
`76.
`
`Defendant knowingly and actively aided and abetted the direct infringement of
`
`the ‘147 Patent by instructing, encouraging, and providing a mechanism for its customers, users,
`
`and developers to use WoW, Destiny, and Call of Duty: Advanced Warfare in an infringing
`
`manner and distributing guidelines and instructions to third parties on how to use Cross Realm
`
`Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds, Cross Realm Zones, World
`
`of Warcraft Voice Chat, the WoW game client downloader functionalities of WoW, and the
`
`multiplayer functionalities of Destiny and Call of Duty: Advanced Warfare in an infringing
`
`manner.
`
`77.
`
`Defendant actively and intentionally maintains websites, including activision.com
`
`and its ancillary components to encourage potential customers, users and developers to use Cross
`
`Realm Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds, Cross Realm Zones,
`
`World of Warcraft Voice Chat, the WoW game client downloader functionalities of WoW, and
`
`the multiplayer functionalities of Destiny and Call of Duty: Advanced Warfare in an infringing
`
`manner.
`
`78.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the Cross Realm Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds,
`
`Cross Realm Zones, World of Warcraft Voice Chat, and the WoW game client downloader.
`
`Examples of these instructions can be found at http://us.battle.net/wow/en/game/guide/ (attached
`
`hereto as Exhibit 7); http://us.blizzard.com/en-us/games/wow/ (attached hereto as Exhibit 8);
`
`http://us.battle.net/wow/en/game/guide/getting-started; http://us.battle.net/wow/en/blog/4270420;
`
`http://us.battle.net/wow/en/game/guide/playing-together (attached hereto as Exhibit 9);
`
`http://us.battle.net/wow/en/blog/3608426; http://us.battle.net/wow/en/game/guide/late-game;
`
`http://us.battle.net/wow/en/blog/5393667/; http://us.battle.net/wow/en/blog/14833872/ashran-
`
`22
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 24 of 37 PageID #: 470
`
`preview-prepare-to-engage-7-17-2014 (attached hereto as Exhibit 10);
`
`http://us.battle.net/wow/en/game/guide/playing-together; http://us.battle.net/en/what-is/;
`
`https://us.battle.net/support/en/article/how-to-toggle-peer-to-peer-protocol.
`
`79.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the multiplayer functionalities of Destiny, including Crucible and Strike. Examples of
`
`these instructions can be found at http://www.destinythegame.com/game/modes/ (attached hereto
`
`as Exhibit 11); http://support.activision.com/articles/en_US/FAQ/Destiny-Support (attached
`
`hereto as Exhibit 12); http://www.activision.com/games/destiny/destiny (attached hereto as
`
`Exhibit 13).
`
`80.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the multiplayer functionalities of Call of Duty: Advanced Warfare, including Team
`
`Deathmatch, Domination, Search and Destroy, Search and Rescue, Hardpoint, Capture the Flag,
`
`Kill Confirmed, Free for All, Infected, Uplink, and Momentum. Examples of these instructions
`
`can be found at https://www.callofduty.com/advancedwarfare/mp (attached hereto as Exhibit
`
`14);
`
`http://support.activision.com/apex/pkb_Home?clickedOn=Call_of_Duty_Advanced_Warfare&so
`
`rtByParam=title (attached hereto as Exhibit 15); http://www.activision.com/games/call-of-
`
`duty/call-of-duty-advanced-warfare (attached hereto as Exhibit 16).
`
`81.
`
`Defendant has had knowledge of the ‘147 Patent at least as of the time it learned
`
`of this action for infringement, and by continuing its actions described above, Defendant has had
`
`the specific intent to, or was willfully blind to the fact that its actions would, induce infringement
`
`of the ‘147 Patent.
`
`23
`
`
`
`Case 1:15-cv-00228-RGA Document 7 Filed 03/31/15 Page 25 of 37 PageID #: 471
`
`COUNT V
`(Direct Infringement of the ‘634 Patent pursuant to 35 U.S.C. § 271(a))
`
`82.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`83.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘634
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`84.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`85.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`86.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘634 Patent.
`
`87.
`
`Defendant’s WoW products infringe the ‘634 Patent through, at minimum, its
`
`WoW Client Downloader technology and Voice Chat functionality, which allow individual
`
`players from multiple different realms to communicate and interact with each other by sending
`
`data received from other neighboring players to other neigh