Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 1 of 39 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ELECTRONIC ARTS INC.,
`a Delaware Corporation,
`
`Defendant.
`
`C.A. No.
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`

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`Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 2 of 39 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
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`Infringement and Jury Demand against Defendant Electronic Arts Inc. (“Defendant” or “EA”)
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`and alleges as follows:
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`BACKGROUND
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`This Complaint alleges Defendant infringed and continues to infringe the same
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`Acceleration Bay Patents (defined below) at issue in Acceleration Bay LLC v. Take-Two
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`Interactive Software Inc., 1:15-cv-00282-RGA (D. Del.), filed on March 30, 2015. The
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`Acceleration Bay Patents asserted here and in the previous case were assigned by the Boeing
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`Company to Acceleration Bay. On June 3, 2016, the District Court issued an Order in the
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`previous case finding that Acceleration Bay lacked prudential standing. 1:15-cv-00282-RGA,
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`D.I. 143. Subsequent to that Order, Acceleration Bay and the Boeing Company entered into an
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`Amended and Restated Patent Purchase Agreement resolving all of the issues identified by the
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`District Court in its June 3, 2016 Order.
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`THE PARTIES
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`Acceleration Bay is a Delaware limited liability corporation, with its principal
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`place of business at 370 Bridge Parkway, Redwood City, California 94065.
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`Acceleration Bay is an incubator for next generation businesses, in particular
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`companies that focus on delivering information and content in real-time. Acceleration Bay
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`focuses on investing in and supporting companies that further the dissemination of technological
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`advancements.
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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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`problems, and bring those solutions to market through its partnerships with existing companies
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`and startups.
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`On information and belief, EA is a Delaware corporation with its principal place
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`of business at 209 Redwood Shores Parkway, Redwood City, California 94065.
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`Acceleration Bay is informed and believes that EA makes, uses, sells, offers for
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`sale, and/or imports into the United States and this District products and services that utilize
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`multiplayer or multisystem network technology as claimed in the Acceleration Bay Patents
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`(defined below), including but not limited to, FIFA 15 and FIFA 16 (together, “FIFA”)
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`(including, but not limited to Online Team Play, Online Friendlies, Online Seasons, Tournament
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`Mode, and VOIP chat functionalities), NHL 15 and NHL 16 (together, “NHL”) (including, but
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`not limited to Online Team Play, 6 v. 6 Online Team Play, Online Versus, Online Couch Co-op,
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`and VOIP chat functionalities), Tiger Woods PGA Tour 14 and Rory McIlroy PGA Tour
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`(together, “PGA”) (including, but not limited to Connected Tournament mode (including the 24
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`player Connected Tournaments), Online Head-to-Head (H2H) mode, Online Tournaments,
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`Country Clubs, and VOIP chat functionalities), and Plants vs. Zombies: Garden Warfare and
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`Plants vs. Zombies: Garden Warfare 2 (together “Plants vs. Zombies”) (including, but not limited
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`to multiplayer modes Welcome Mat, Team Vanquish, Turf Takeover, Gardens & Graveyards,
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`Garden Ops, Graveyard Ops, Backyard Battleground, Classic Mode, Mixed Mode, Gnome
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`Bomb, Flag of Power, Vanquish Confirmed, Herbal Assault mode, and Suburbination).
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`JURISDICTION AND VENUE
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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.
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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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`This Court has personal jurisdiction over Defendant. Upon information and
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`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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`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
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`Acceleration Bay owns U.S. Patent No. 6,701,344; U.S. Patent No. 6,714,966;
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`U.S. Patent No. 6,732,147; U.S. Patent No. 6,829,634; U.S. Patent No. 6,910,069; and U.S.
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`Patent No. 6,920,497 (collectively referred to as the “Acceleration Bay Patents”).
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`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
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`incorporated by reference herein.
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`All rights, title, and interest in the ‘344 Patent have been assigned to Acceleration
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`Bay, which is the sole owner of the ‘344 Patent.
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`The ‘344 Patent is generally directed towards systems for an effective broadcast
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`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
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`that sends messages on a point to point basis, providing efficiency and reliability to a gaming
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`environment.
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`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
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`incorporated by reference herein.
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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.
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`The ‘966 Patent is generally directed towards systems for providing an
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`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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`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.
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`All rights, title, and interest in the ‘147 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘147 Patent.
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`The ‘147 Patent is generally directed towards methods and systems for leaving a
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`broadcast channel. One of the ways this is accomplished is by sending messages to a second
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`computer, so that the second computer can connect to a third computer to maintain a regular
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`network.
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`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
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`reference herein.
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`All rights, title, and interest in the ‘634 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘634 Patent.
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`The ‘634 Patent is generally directed towards systems for broadcasting data
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`across a regular network. One of the ways this is accomplished is by sending data received from
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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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`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
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`incorporated by reference herein.
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`All rights, title, and interest in the ‘069 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘069 Patent.
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`The ‘069 Patent is generally directed towards methods for adding a participant to
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`a network without placing a high overhead on the underlying network. One of the ways this is
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`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
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`the identified pair.
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`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
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`and is incorporated by reference herein.
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`All rights, title, and interest in the ‘497 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘497 Patent.
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`The ‘497 Patent is generally directed towards methods and systems for contacting
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`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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`THE ACCUSED PRODUCTS
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`FIFA: Acceleration Bay is informed and believes that FIFA products and related
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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
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`believes that these players operate within FIFA’s gaming environment as individual players in 11
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`vs. 11 online gameplay.
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`https://www.easports.com/fifa/news/2014/fifa-15-pro-clubs-and-other-modes.
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`Acceleration Bay is informed and believes that FIFA products and services utilize
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`the network technology claimed in the Acceleration Bay Patents to perform many functionalities
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`within its gaming environment.
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`These products and services include, but are not limited to, FIFA’s Pro Club
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`mode, which allows individual players from different locations to interact and communicate with
`
`each other inside FIFA’s gaming environment:
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`http://fifasoccerblog.com/blog/fifa-15-mode-improvements-revealed/fifa-15-pro-clubs-
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`splash/#main; see also
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`https://www.easports.com/fifa/news/2014/fifa-15-pro-clubs-and-other-modes;
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`8
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`https://www.youtube.com/watch?v=knyj8nwOYxo.
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`Acceleration Bay is also informed and believes that FIFA uses the network
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`technology claimed in the Acceleration Bay Patents to allow players to leave a game in the
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`middle of a match without affecting other players. See, e.g.,
`
`http://help.ea.com/au/article/transactions-and-matches-that-did-not-finish/.
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`Acceleration Bay is informed and believes that FIFA provides a peer-to-peer
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`network for its multiplayer modes. See
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`http://help.ea.com/en/article/losing-connection-to-ea-servers/; see also
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`http://www.easports.com/eaforum/posts/list/840/8379038.page; http://www.fifauteam.com/fifa-
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`14-connection-troubleshooting-guide/.
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`NHL: Acceleration Bay is informed and believes that NHL products and related
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`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 NHL’s gaming environment as individual players in 5
`
`vs. 5 online gameplay.
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`10
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`https://www.easports.com/nhl/news/2014/nhl-15-game-notes;
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`http://www.operationsports.com/news/774131/nhl-15-patch-104-available-now-full-details-
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`included/.
`
`Acceleration Bay is informed and believes that NHL products and related services
`
`utilize the network technology claimed in the Acceleration Bay Patents to perform many
`
`functionalities within its gaming environment.
`
`These products and services include, but are not limited to, NHL’s Online Team
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`Play mode, which allows individual players from different locations to interact and communicate
`
`with each other inside NHL’s gaming environment:
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`https://www.easports.com/nhl/news/2014/nhl-15-october-content-update;
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`11
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`http://www.goodgamebro.com/2014/10/21/nhl-15-update-returns-online-team-play-adds-gm-
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`draft/;
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`https://www.youtube.com/watch?v=0rYI94QBPtM.
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`PGA: Acceleration Bay is informed and believes that PGA products and related
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`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 PGA’s gaming environment as individual players in up
`
`to 24 player Connected Tournaments.
`
`See Exhibit 7 (Tiger Woods PGA Tour 14 XBOX 360 Manual –
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`http://d2ro3qwxdn69cl.cloudfront.net/manuals/tiger-woods-pga-tour-14-
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`manuals_Microsoft%20XBOX360.pdf).
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`13
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`Acceleration Bay is informed and believes that PGA products and related 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.
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`These products and services include, but are not limited to, PGA’s Connected
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`Tournament, which allows individual players from different locations to interact and
`
`communicate with each other inside PGA’s gaming environment:
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`14
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`http://bleacherreport.com/articles/1581636-tiger-woods-pga-tour-14-gameplay-review-and-
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`features-for-hit-golf-video-game.
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`Plants vs. Zombies: Acceleration Bay is informed and believes that Plants vs.
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`Zombies products utilize the network technology claimed in the Acceleration Bay Patents to
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`perform multiple functionalities including multiplayer modes Welcome Mat, Team Vanquish,
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`Turf Takeover, Gardens & Graveyards, Garden Ops, Graveyard Ops, Backyard Battleground,
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`Classic Mode, Mixed Mode, Gnome Bomb, Flag of Power, Vanquish Confirmed, Herbal Assault
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`mode, and Suburbination. See, e.g., http://help.ea.com/en/article/game-modes-in-pvz-garden-
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`warfare/. As a way of example and not a limitation, Plants vs. Zombies provides multiplayer
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`modes such as Team Vanquish, which is a multiplayer mode where up to 24 online players face
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`off against each other, using the network technology claimed in the Acceleration Bay Patents.
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`See http://help.ea.com/en/article/game-modes-in-pvz-garden-warfare/; see also
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`http://www.pvzgardenwarfare.com/;
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`http://www.playstationlifestyle.net/2014/08/22/plants-vs-zombies-garden-warfare-review-ps4/;
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`17
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`http://www.pvzgw2.com/.
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`EA’S INFRINGEMENT OF ACCELERATION BAY’S PATENTS
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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 FIFA, NHL, PGA, and
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`Plants vs. Zombies.
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`COUNT I
`(Direct Infringement of the ‘344 Patent pursuant to 35 U.S.C. § 271(a))
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`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).
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`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.
`
`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, FIFA, NHL, PGA, and Plants vs. Zombies, which embody the patented invention of
`
`the ‘344 Patent.
`
`Defendant’s FIFA products infringe the ‘344 Patent through, at minimum, its Pro
`
`Club mode, which allows individual players from different locations to communicate and
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`18
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`interact with each other using a broadcast technique in which a broadcast channel uses an
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`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 FIFA infringes at least one claim of the ‘344
`
`Patent is attached hereto as Exhibit 8 and incorporated by reference.
`
`Defendant’s NHL products infringe the ‘344 Patent through, at minimum, its
`
`Online Team Play mode, which allows individual players from different locations 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. By way
`
`of example, and not limitation, a claim chart further describing how NHL infringes at least one
`
`claim of the ‘344 Patent is attached hereto as Exhibit 9 and incorporated by reference.
`
`Defendant’s PGA products infringe the ‘344 Patent through, at minimum, its
`
`Connected Tournaments mode, which allows individual players from different locations 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. By way
`
`of example, and not limitation, a claim chart further describing how PGA infringes at least one
`
`claim of the ‘344 Patent is attached hereto as Exhibit 10 and incorporated by reference.
`
`Defendant’s Plants vs. Zombies products infringe the ‘344 Patent through, at
`
`minimum, its multiplayer modes, which allow individual players from different locations 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. By way
`
`of example, and not limitation, a claim chart further describing how Plants vs. Zombies infringes
`
`at least one claim of the ‘344 Patent is attached hereto as Exhibit 11 and incorporated by
`
`reference.
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`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
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`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.
`
`Defendant’s infringement of the ‘344 Patent has injured and continues to injure
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`Acceleration Bay in an amount to be proven at trial.
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`Defendant’s infringement of the ‘344 Patent is willful, as Defendant has been
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`fully aware of the ‘344 Patent, and the fact that its products infringe the ‘344 Patent, for more
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`than one year. On March 30, 2015, Acceleration Bay filed a complaint against Defendant
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`alleging, inter alia, that the following products infringe the ‘344 Patent: “FIFA 15 (including, but
`
`not limited to Pro Club Mode), NHL 15 (including, but not limited to Online Team Play), Tiger
`
`Woods PGA Tour 14 (including, but not limited to Connected Tournaments)… and Plants vs.
`
`Zombies: Garden Warfare (including, but not limited to multiplayer modes Welcome Mat, Team
`
`Vanquish, Gardens & Graveyards, Classic Mode, Garden Ops, and Gnome Bomb).”
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`Acceleration Bay LLC v. Electronic Arts Inc., 1:15-cv-00282-RGA, Dkt. No. 1. Moreover,
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`Acceleration Bay served an Identification of Accused Products and Patents on Defendant on
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`November 2, 2015, which identified FIFA 15, FIFA 16, NHL 15, NHL 16, Tiger Woods PGA
`
`Tour 14, Rory McIlroy PGA Tour, and Plants v. Zombies as accused products, and claim charts
`
`detailing the manner in which all of the accused products infringe the ‘344 Patent on March 2,
`
`2016. Acceleration Bay served supplemental claim charts on Defendant, detailing the manner in
`
`which Plants v. Zombies: Garden Warfare 2 infringes the ‘344 Patent, on March 25, 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 FIFA, NHL, PGA, and Plants v. Zombies
`
`products. As such, Defendant has acted recklessly and continues to willfully, wantonly, and
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`deliberately engage in acts of infringement of the ‘344 Patent, warranting an award to
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`Acceleration Bay of enhanced damages under 35 U.S.C. § 284, 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))
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘966
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`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.
`
`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, FIFA, NHL, PGA, and Plants vs. Zombies, which embody the patented invention of
`
`the ‘966 Patent.
`
`Defendant’s FIFA products infringe the ‘966 Patent through, at minimum, its Pro
`
`Club mode, which allows individual players from different locations 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 FIFA infringes at least
`
`one claim of the ‘966 Patent is attached hereto as Exhibit 8 and incorporated by reference.
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`Defendant’s NHL products infringe the ‘966 Patent through, at minimum, its
`
`Online Team Play mode, which allows individual players from different locations 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 NHL infringes at least
`
`one claim of the ‘966 Patent is attached hereto as Exhibit 9 and incorporated by reference.
`
`Defendant’s PGA products infringe the ‘966 Patent through, at minimum, its
`
`Connected Tournaments mode, which allows individual players from different locations 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 PGA
`
`infringes at least one claim of the ‘966 Patent is attached hereto as Exhibit 10 and incorporated
`
`by reference.
`
`Defendant’s Plants vs. Zombies products infringe the ‘966 Patent through, at
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`minimum, its multiplayer modes, which allow individual players from different locations 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
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`basis. By way of example, and not limitation, a claim chart further describing how Plants vs.
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`Zombies infringes at least one claim of the ‘966 Patent is attached hereto as Exhibit 11 and
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`incorporated by reference.
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`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
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`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.
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`Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 24 of 39 PageID #: 24
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`Defendant’s infringement of the ‘966 Patent has injured and continues to injure
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`Acceleration Bay in an amount to be proven at trial.
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`Defendant’s infringement of the ‘966 Patent is willful, as Defendant has been
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`fully aware of the ‘966 Patent, and the fact that its products infringe the ‘966 Patent, for more
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`than one year. On March 30, 2015, Acceleration Bay filed a complaint against Defendant
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`alleging, inter alia, that the following products infringe the ‘966 Patent: “FIFA 15 (including, but
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`not limited to Pro Club Mode), NHL 15 (including, but not limited to Online Team Play), Tiger
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`Woods PGA Tour 14 (including, but not limited to Connected Tournaments)… and Plants vs.
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`Zombies: Garden Warfare (including, but not limited to multiplayer modes Welcome Mat, Team
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`Vanquish, Gardens & Graveyards, Classic Mode, Garden Ops, and Gnome Bomb).”
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`Acceleration Bay LLC v. Electronic Arts Inc., 1:15-cv-00282-RGA, Dkt. No. 1. Moreover,
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`Acceleration Bay served an Identification of Accused Products and Patents on Defendant on
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`November 2, 2015, which identified FIFA 15, FIFA 16, NHL 15, NHL 16, Tiger Woods PGA
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`Tour 14, Rory McIlroy PGA Tour, and Plants v. Zombies as accused products, and claim charts
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`detailing the manner in which all of the accused products infringe the ‘966 Patent on March 2,
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`2016. Acceleration Bay served supplemental claim charts on Defendant, detailing the manner in
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`which Plants v. Zombies: Garden Warfare 2 infringes the ‘966 Patent, on March 25, 2016.
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`Despite this knowledge of the ‘966 Patent and of its infringement, Defendant continues to
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`manufacture, use, sale, import and/or offer for sale its FIFA, NHL, PGA, and Plants v. Zombies
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`products. As such, Defendant has acted recklessly and continues to willfully, wantonly, and
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`deliberately engage in acts of infringement of the ‘966 Patent, warranting an award to
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`Acceleration Bay of enhanced damages under 35 U.S.C. § 284, and attorneys’ fees and costs
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`incurred under 35 U.S.C. § 285.
`
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`Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 25 of 39 PageID #: 25
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`COUNT III
`(Direct Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(a))
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`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
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`forth herein, the allegations of the preceding paragraphs, as set forth above.
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`Defendant has infringed and continues to infringe one or more claims of the ‘147
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`Patent in violation of 35 U.S.C. § 271(a).
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`Defendant’s infringement is based upon literal infringement or infringement
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`under the doctrine of equivalents, or both.
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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.
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`Defendant’s infringement of one or more method claims of the ‘147 Patent is a
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`result of Defendant’s own actions and/or its actions in combination with the actions of users,
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`developers, and/or customers to perform the steps of the claimed methods.
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`Defendant has direction or control over users’ performance of the steps of claimed
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`methods as evident from and through the End User License Agreement (EULA) and Terms of
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`Service for its products and service that users must agree to prior to use of Defendant’s products
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`or services (examples attached hereto as Exhibits 12-13). Defendant maintains control at all
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`times over the operation and dissemination of content by users of Defendant’s products and
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`services, and the users are contractually required to use only Defendant’s software to access
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`Defendant’s online services and features. EULA and Terms of Service for Defendant’s products
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`and services (examples attached hereto as Exhibits 12-13) state that Defendant owns all content
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`appearing or generated from its products or services, and has the right to use, adapt, reproduce,
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`and transmit such content in any manner and in any medium or forum. (See, e.g., Ex. 13 at
`
`24
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`Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 26 of 39 PageID #: 26
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`Sections 2, 6, 7, and 13 of the Terms of Service and Ex. 8 at Sections 1.C, 1.D, 1.E, and 2 of the
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`EULA FIFA).
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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
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`limited to, FIFA, NHL, PGA, and Plants vs. Zombies, which embody the patented invention of
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`the ‘147 Patent.
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`Defendant’s FIFA products infringe the ‘147 Patent through, at minimum, its Pro
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`Club mode, which allows individual players from different locations to interact and
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`communicate with each other over a multi-cast computer network, and where individual players
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`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 FIFA infringes at least one claim of the
`
`‘147 Patent is attached hereto as Exhibit 8 and incorporated by reference.
`
`Defendant’s NHL products infringe the ‘147 Patent through, at minimum, its
`
`Online Team Play mode, which allows individual players from different locations 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 NHL infringes at least one claim of the
`
`‘147 Patent is attached hereto as Exhibit 9 and incorporated by reference.
`
`Defendant’s PGA products infringe the ‘147 Patent through, at minimum, its
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`Connected Tournaments mode, which allows individual players from different locations to
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`interact and communicate with each other over a multi-cast computer network, and where
`
`25
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`Case 1:16-cv-00454-RGA Document 1 Filed 06/17/16 Page 27 of 39 PageID #: 27
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`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 PGA infringes at least one
`
`claim of the ‘147 Patent is attached hereto as Exhibit 10 and incorporated by reference.
`
`Defendant’s Plants vs. Zombies products infringe the ‘147 Patent through, at
`
`minimum, its multiplayer modes, which allow individual players from different locations 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 Plants vs. Zombies infringes
`
`at least one claim of the ‘147 Patent is attached hereto as Exhibit 11 and incorporated by
`
`reference.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which th