Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 1 of 37 PageID #: 1
`
`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.
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`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.
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 2 of 37 PageID #: 2
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Acceleration Bay LLC (“Acceleration Bay”) files this Complaint for Patent
`
`Infringement and Jury Demand against Defendant Activision Blizzard, Inc. (“Defendant” or
`
`“Activision Blizzard”) and alleges as follows:
`
`BACKGROUND
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`1.
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`This Complaint alleges Defendant infringed and continues to infringe the same
`
`Acceleration Bay Patents (defined below) at issue in Acceleration Bay LLC v. Activision Blizzard
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`Inc., 1:15-cv-00228-RGA (D. Del.), filed on March 11, 2015. The Acceleration Bay Patents
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`asserted here and in the previous case were assigned by the Boeing Company to Acceleration
`
`Bay. On June 3, 2016, the District Court issued an Order in the previous case finding that
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`Acceleration Bay lacked prudential standing. 1:15-cv-00228-RGA, D.I. 149. Subsequent to that
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`Order, Acceleration Bay and the Boeing Company entered into an Amended and Restated Patent
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`Purchase Agreement resolving all of the issues identified by the District Court in its June 3, 2016
`
`Order.
`
`THE PARTIES
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`2.
`
`Acceleration Bay is a Delaware limited liability corporation, with its principal
`
`place of business at 370 Bridge Parkway, Redwood City, California 94065.
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`3.
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`Acceleration Bay is an incubator for next generation businesses, in particular
`
`companies that focus on delivering information and content in real-time. Acceleration Bay
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`invests in and supports companies that further the dissemination of technological advancements.
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`4.
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`Acceleration Bay also collaborates with inventors and research institutions to
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`analyze and identify important technological problems, generate new solutions to these
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`1
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 3 of 37 PageID #: 3
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`problems, and bring those solutions to market through its partnerships with existing companies
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`and startups.
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`5.
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`On information and belief, Activision Blizzard is a Delaware corporation with its
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`principal place of business at 3100 Ocean Park Boulevard, Santa Monica, California 90405.
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`6.
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`Acceleration Bay is informed and believes that Activision Blizzard makes, uses,
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`sells, offers for sale, and/or imports into the United States and this District products and services
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`that utilize multiplayer or multisystem network technology as claimed in the Acceleration Bay
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`Patents, 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
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`Realm Zones, Cross Realm Raids, Battle Grounds, Looking for Adventure, and Recruiting for
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`Danger modes within WoW), Destiny (including, but not limited to multiplayer modes Crucible
`
`and Strike), and Call of Duty: Advanced Warfare and Call of Duty: Black Ops III (together,
`
`“Call of Duty”) (including, but not limited to multiplayer modes Team Deathmatch, Domination,
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`Search and Destroy, Search and Rescue, Hardpoint, Capture the Flag, Kill Confirmed, Free for
`
`All, Infected, Uplink, and Momentum).
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`JURISDICTION AND VENUE
`
`7.
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`This action arises under the Patent Act, 35 U.S.C. § 101 et seq. This Court has
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`original jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`8.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or
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`1400(b).
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`9.
`
`This Court has personal jurisdiction over Defendant. Upon information and
`
`belief, Defendant does business in this District and has, and continues to, infringe in this District.
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`On information and belief, Defendant is incorporated in the State of Delaware. In addition, the
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`2
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`Court has personal jurisdiction over Defendant because it has established minimum contacts with
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`the forum and the exercise of jurisdiction would not offend traditional notions of fair play and
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`substantial justice.
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`THE PATENTS-IN-SUIT
`
`10.
`
`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;
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`U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497 (collectively referred to as the
`
`“Acceleration Bay Patents”).
`
`11.
`
`On March 2, 2004, U.S. Patent No. 6,701,344 (“the ‘344 Patent”), entitled
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`DISTRIBUTED GAME ENVIRONMENT, was issued to Fred B. Holt and Virgil E. Bourassa.
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`A true and correct copy of the ‘344 Patent is attached to this Complaint as Exhibit 1 and is
`
`incorporated by reference herein.
`
`12.
`
`All rights, title, and interest in the ‘344 Patent have been assigned to Acceleration
`
`Bay, which is the sole owner of the ‘344 Patent.
`
`13.
`
`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
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`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.
`
`14.
`
`On March 30, 2004, U.S. Patent No. 6,714,966 (“the ‘966 Patent”), entitled
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`INFORMATION DELIVERY SERVICE, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘966 Patent is attached to this Complaint as Exhibit 2 and is
`
`incorporated by reference herein.
`
`3
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`15.
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`All rights, title, and interest in the ‘966 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘966 Patent.
`
`16.
`
`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
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`sending data through neighbor participants.
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`17.
`
`On May 4, 2004, U.S. Patent No. 6,732,147 (“the ‘147 Patent”), entitled
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`LEAVING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘147 Patent is attached to this Complaint as Exhibit 3 and is
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`incorporated by reference herein.
`
`18.
`
`All rights, title, and interest in the ‘147 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘147 Patent.
`
`19.
`
`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
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`network.
`
`20.
`
`On December 7, 2004, U.S. Patent No. 6,829,634 (“the ‘634 Patent”), entitled
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`BROADCASTING NETWORK, was issued to Fred B. Holt and Virgil E. Bourassa. A true and
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`correct copy of the ‘634 Patent is attached to this Complaint as Exhibit 4 and is incorporated by
`
`reference herein.
`
`21.
`
`All rights, title, and interest in the ‘634 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘634 Patent.
`
`22.
`
`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
`
`4
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`neighbor participants to other neighbor participants. This creates reliability in the regular
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`network.
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`23.
`
`On June 21, 2005, U.S. Patent No. 6,910,069 (“the ‘069 Patent”), entitled
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`JOINING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘069 Patent is attached to this Complaint as Exhibit 5 and is
`
`incorporated by reference herein.
`
`24.
`
`All rights, title, and interest in the ‘069 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘069 Patent.
`
`25.
`
`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,
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`disconnecting the identified pair from each other, and then connecting a seeking participant to
`
`the identified pair.
`
`26.
`
`On July 19, 2005, U.S. Patent No. 6,920,497 (“the ‘497 Patent”), entitled
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`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.
`
`27.
`
`All rights, title, and interest in the ‘497 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘497 Patent.
`
`28.
`
`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
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`selected call-in port to request that the portal computer coordinate the connection of the seeking
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`computer.
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`5
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`THE ACCUSED PRODUCTS
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`29. WoW: Acceleration Bay is informed and believes that WoW products and
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`services utilize the network technology claimed in the Acceleration Bay Patents to offer a
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`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
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`members of one of over 240 different realm servers. Acceleration Bay is informed and believes
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`that these 240+ realms, including any ancillary realms, utilize multiple servers that
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`communicate with each other, including an overlay network topology of server-to-server
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`connections. See, e.g.:
`
`http://us.battle.net/wow/en/game/guide/getting-started.
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`6
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`30.
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`Acceleration Bay is informed and believes that WoW products and services
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`utilize the network technology claimed in the Acceleration Bay Patents to perform many
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`functionalities within its gaming environment.
`
`31.
`
`These products and services include, but are not limited to, WoW’s Cross-Realm
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`technology, which allows individual players from multiple different realms to interact and
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`communicate with each other inside WoW’s gaming environment:
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`http://us.battle.net/wow/en/blog/10551009.
`
`32.
`
`Cross-Realm technology is used in and includes, but is not limited to, the
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`following WoW functionalities:
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`WoW’s Cross-Realm Raids functionality:
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`7
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 9 of 37 PageID #: 9
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`http://us.battle.net/wow/en/blog/4270420;
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`WoW’s Raid Finder / Looking for Raid functionality:
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`http://us.battle.net/wow/en/blog/3608426;
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`WoW’s Cross-Realm Battle Grounds functionality:
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`http://us.battle.net/wow/en/game/guide/late-game;
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`WoW’s Cross-Realm Zones functionality:
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`8
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 10 of 37 PageID #: 10
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`http://us.battle.net/wow/en/blog/5393667/;
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`and WoW’s Looking for Adventure / Recruiting for Danger functionality:
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`9
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 11 of 37 PageID #: 11
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`http://us.battle.net/wow/en/blog/15200760/.
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`10
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`33.
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`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
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`network technology claimed in the Acceleration Bay Patents:
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`http://us.battle.net/wow/en/game/guide/playing-together.
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`34.
`
`Acceleration Bay is informed and believes WoW Downloader utilizes a peer-to-
`
`peer network to improve download speed for updates, installation and other downloadable
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`information. See e.g.:
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`11
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 13 of 37 PageID #: 13
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`https://us.battle.net/support/en/article/how-to-toggle-peer-to-peer-protocol.
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`35.
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`Acceleration Bay is informed and believes WoW’s Game Client and WoW
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`Launcher utilize a method of connecting a computer to a network through a portal computer.
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`See, e.g.:
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`http://us.battle.net/en/what-is/.
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`12
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`36.
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`Destiny: Acceleration Bay is informed and believes that Destiny utilizes the
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`network technology claimed in the Acceleration Bay Patents to perform multiple functionalities
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`including multiplayer modes Crucible and Strike. See e.g.,
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`http://www.destinythegame.com/game/modes/. Acceleration Bay is informed and believes that
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`Destiny provides a hybrid system where each area within the game called “destination” has its
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`own dedicated servers while all the players that are in that “destination” are connected to a peer-
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`to-peer network and capable of communicating and interacting with each other. See
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`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
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`informed and believes that Destiny utilizes “on-the-fly matchmaking technology” that allows
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`numerous individual players in a “destination” to be matched “invisibly” and thereby able to
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`encounter, communicate and interact with each other. See
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`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview. Acceleration
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`Bay is further informed and believes that Destiny is capable of allowing “millions” of players to
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`be “in one connected online world.” See
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`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
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`destiny.aspx.
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`37.
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`Acceleration Bay is informed and believes Destiny allows players to
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`communicate using the network technology claimed in the Acceleration Bay Patents. As a way
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`of example and not a limitation, Destiny provides a multiplayer mode, such as “The Crucible,”
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`where multiple participants can simultaneously interact and communicate with each other
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`utilizing the network technology claimed in the Acceleration Bay Patents.
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`13
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 15 of 37 PageID #: 15
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`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
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`_PvP_Control_-_Rusted_Lands%2C_Earth.
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`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
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`_PvP_Control_-_Rusted_Lands%2C_Earth.
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`14
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`
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 16 of 37 PageID #: 16
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`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
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`_PvP_Control_-_Rusted_Lands%2C_Earth.
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`38.
`
`Call of Duty: Acceleration Bay is informed and believes that both Call of Duty:
`
`Advanced Warfare and Call of Duty: Black Ops III utilize the network technology claimed in
`
`the Acceleration Bay Patents to perform multiple functionalities including multiplayer modes
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`Team Deathmatch, Free for All, Domination, Demolition, Kill Confirmed, Hardpoint, Capture
`
`the Flag, Search & Destroy, Uplink, Gun Game, Ground War, Mercenary Moshpit, Infected,
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`Safeguard, and Voice Chat. See e.g., https://www.callofduty.com/advancedwarfare/mp and the
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`following screenshots from Call of Duty: Black Ops III gameplay:
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`15
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`39.
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`As a way of example and not a limitation, Call of Duty provides multiplayer
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`modes such as Search and Destroy, which is an objective multiplayer mode where two teams of
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`four to six players face off against each other, using the network technology claimed in the
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`Acceleration Bay Patents. See http://www.ign.com/wikis/call-of-duty-advanced-
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`warfare/Search_and_Destroy; see also
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`https://community.sledgehammergames.com/community/sledgehammer/blog/2014/11/07/excite
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`ment-from-call-of-duty-advanced-warfare-launch-week-and-updates-coming-soon.
`
`40.
`
`Acceleration Bay is informed and believes that Call of Duty allows players to
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`communicate using the network technology as claimed in the Acceleration Bay Patents.
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`Acceleration Bay is also informed and believes that Call of Duty uses the network technology
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`claimed in the Acceleration Bay Patents to allow players to leave a game in the middle of a
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`match without affecting other players. As a way of example and not a limitation, Call of Duty
`
`provides a multiplayer mode, such as “Domination,” where multiple participants can
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`concurrently interact and communicate with each other while also having an option to leave the
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`game without affecting other players in the match by utilizing the network technology as claimed
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`in the Acceleration Bay Patents.
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`16
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 18 of 37 PageID #: 18
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`http://www.ign.com/articles/2015/01/28/optic-midnite-plays-call-of-duty-with-ign?watch.
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`ACTIVISION BLIZZARD’S INFRINGEMENT OF ACCELERATION BAY’S PATENTS
`
`41.
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`Defendant has been and is now infringing the Acceleration Bay Patents (i.e., the
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`‘344 Patent, ‘966 Patent, ‘147 Patent, ‘634 Patent, ‘069 Patent, and ‘497 Patent) in this judicial
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`District, and elsewhere in the United States by, among other things, making, using, importing,
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`selling, and/or offering for sale the claimed system and methods on WoW, Destiny, and Call of
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`Duty.
`
`COUNT I
`(Direct Infringement of the ‘344 Patent pursuant to 35 U.S.C. § 271(a))
`
`42.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
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`17
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`43.
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`Defendant has infringed and continues to infringe one or more claims of the ‘344
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`Patent in violation of 35 U.S.C. § 271(a).
`
`44.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`45.
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`Defendant’s acts of making, using, importing, selling, and/or offering for sale
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`infringing products and services have been without the permission, consent, authorization, or
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`license of Acceleration Bay.
`
`46.
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`Defendant’s infringement includes, but is not limited to, the manufacture, use,
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`sale, importation and/or offer for sale of Defendant’s products and services, including, but not
`
`limited to, WoW, Destiny, and Call of Duty, which embody the patented invention of the ‘344
`
`Patent.
`
`47.
`
`Defendant’s WoW products infringe the ‘344 Patent through, at minimum, its
`
`Cross Realm modes, which allow individual players from multiple different realms to
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`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. By way
`
`of example, and not limitation, a claim chart further describing how WoW infringes at least one
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`claim of the ‘344 Patent is attached hereto as Exhibit 7 and incorporated by reference.
`
`48.
`
`Defendant’s Destiny products infringe the ‘344 Patent through, at minimum, its
`
`multiplayer modes, which allow 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. By way
`
`of example, and not limitation, a claim chart further describing how Destiny infringes at least
`
`one claim of the ‘344 Patent is attached hereto as Exhibit 8 and incorporated by reference.
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`18
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`49.
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`Defendant’s Call of Duty products infringe the ‘344 Patent through, at minimum,
`
`its multiplayer modes, which allow 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. By way of example, and not limitation, a
`
`claim chart further describing how Call of Duty infringes at least one claim of the ‘344 Patent is
`
`attached hereto as Exhibit 9.
`
`50.
`
`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.
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`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`51.
`
`Defendant’s infringement of the ‘344 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`52.
`
`Defendant’s infringement of the ‘344 Patent is also willful, as Defendant has
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`been fully aware of the ‘344 Patent, and the fact that its products infringe the ‘344 Patent, for
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`more than one year. On March 11, 2015, Acceleration Bay filed a complaint against Defendant
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`alleging, inter alia, that the following products infringe the ‘344 Patent: “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 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).” Acceleration Bay LLC v.
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`Activision Blizzard Inc., 1:15-cv-00228-RGA, Dkt. No. 1. Moreover, Acceleration Bay served
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`19
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`
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`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 21 of 37 PageID #: 21
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`an Identification of Accused Products and Patents on Defendant on November 2, 2015, which
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`identified WoW, Destiny, and Call of Duty (including Call of Duty: Black Ops III) as accused
`
`products, and claim charts detailing the manner in which all of the accused products infringe
`
`the ‘344 Patent on March 2, 2016. Despite this knowledge of the ‘344 Patent and of its
`
`infringement, Defendant continues to manufacture, use, sale, import and/or offer for sale its
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`WoW, Destiny, and Call of Duty products. As such, Defendant has acted recklessly and
`
`continues to willfully, wantonly, and deliberately engage in acts of infringement of the ‘344
`
`Patent, warranting an award to Acceleration Bay of enhanced damages under 35 U.S.C. § 284,
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`and attorneys’ fees and costs incurred under 35 U.S.C. § 285.
`
`COUNT II
`(Direct Infringement of the ‘966 Patent pursuant to 35 U.S.C. § 271(a))
`
`53.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`54.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘966
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`55.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`56.
`
`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.
`
`57.
`
`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.
`
`20
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 22 of 37 PageID #: 22
`
`58.
`
`Defendant’s WoW products infringe the ‘966 Patent through, at minimum, its
`
`Cross Realm modes, 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. By way of example, and not limitation, a claim chart further describing how WoW
`
`infringes at least one claim of the ‘966 Patent is attached hereto as Exhibit 7 and incorporated
`
`by reference.
`
`59.
`
`Defendant’s Destiny products infringe the ‘966 Patent through, at minimum, its
`
`multiplayer modes, which allow 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. By way of example, and not
`
`limitation, a claim chart further describing how Destiny infringes at least one claim of the ‘966
`
`Patent is attached hereto as Exhibit 8 and incorporated by reference.
`
`60.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘966 Patent
`
`through, at minimum, its multiplayer modes, which allow individual players to interact and
`
`communicate with each other by sending data through neighbor participants. By way of
`
`example, and not limitation, a claim chart further describing how Call of Duty infringes at least
`
`one claim of the ‘966 Patent is attached hereto as Exhibit 9 and incorporated by reference.
`
`61.
`
`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.
`
`62.
`
`Defendant’s infringement of the ‘966 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`21
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 23 of 37 PageID #: 23
`
`63.
`
`Defendant’s infringement of the ‘966 Patent is also willful, as Defendant has
`
`been fully aware of the ‘966 Patent, and the fact that its products infringe the ‘966 Patent, for
`
`more than one year. On March 11, 2015, Acceleration Bay filed a complaint against Defendant
`
`alleging, inter alia, that the following products infringe the ‘966 Patent: “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 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).” Acceleration Bay LLC v.
`
`Activision Blizzard Inc., 1:15-cv-00228-RGA, Dkt. No. 1. Moreover, Acceleration Bay served
`
`an Identification of Accused Products and Patents on Defendant on November 2, 2015, which
`
`identified the WoW, Destiny, and Call of Duty products (including Call of Duty: Black Ops III)
`
`as accused products, and claim charts detailing the manner in which all of the accused products
`
`infringe the ‘966 Patent on March 2, 2016. Despite this knowledge of the ‘966 Patent and of its
`
`infringement, Defendant continues to manufacture, use, sale, import and/or offer for sale its
`
`WoW, Destiny, and Call of Duty products. As such, Defendant has acted recklessly and
`
`continues to willfully, wantonly, and deliberately engage in acts of infringement of the ‘966
`
`Patent, warranting an award to Acceleration Bay of enhanced damages under 35 U.S.C. § 284,
`
`and attorneys’ fees and costs incurred under 35 U.S.C. § 285.
`
`22
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 24 of 37 PageID #: 24
`
`COUNT III
`(Direct Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(a))
`
`64.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`65.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘147
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`66.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`67.
`
`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.
`
`68.
`
`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.
`
`69.
`
`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
`
`must agree to prior to use of Defendant’s products or services (examples attached hereto as
`
`Exhibits 10 and 11). Defendant maintains control at all times over the operation and
`
`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 10 and 11) 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
`
`23
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 25 of 37 PageID #: 25
`
`(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).
`
`70.
`
`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, which embody the patented invention of the ‘147
`
`Patent.
`
`71.
`
`Defendant’s WoW products infringe the ‘147 Patent through, at minimum, its
`
`Cross-Realm modes 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. By way of example, and not limitation, a claim chart further
`
`describing how WoW infringes at least one claim of the ‘966 Patent is attached hereto as
`
`Exhibit 7 and incorporated by reference.
`
`72.
`
`Defendant’s Destiny products infringe the ‘147 Patent through, at minimum, its
`
`multiplayer modes, which allow 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. By way of example, and not limitation, a claim chart further
`
`describing how Destiny infringes at least one claim of the ‘966 Patent is attached hereto as
`
`Exhibit 8 and incorporated by reference.
`
`73.
`
`Defendant’s Call of Duty products infringe the ‘147 Patent through, at
`
`minimum, its multiplayer modes, which allow each individual player to leave the network by
`
`sending messages to a second computer so that the second computer can connect to a third
`
`24
`
`
`
`Case 1:16-cv-00453-RGA Document 1 Filed 06/17/16 Page 26 of 37 PageID #: 26
`
`computer to maintain a regular network. By way of example, and not limitation, a claim chart
`
`further describing how Call of Duty infringes at least one claim of the ‘966 Patent is attached
`
`hereto as Exhibit 9 and incorporated by reference.
`
`74.
`
`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.
`
`75.
`
`Defendant’s infringement of the ‘147 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`76.
`
`Defendant’s infringement of the ‘147 Patent is also willful, as Defendant has
`
`been fully aware of the ‘147 Patent, and the fact that its products infringe the ‘147 Patent, for
`
`more than one year. On March 11, 2015, Acceleration Bay filed a complaint against Defendant
`
`alleging, inter alia, that the following products infringe the ‘147 Patent: “World of Warcraft
`
`(“WoW”) (including, but not limited to WoW Chat, Chat Channels, WoW Client Downloader,
`
`Raid Finde
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