Case 1:16-cv-00455-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
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`C.A. No.
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`DEMAND FOR JURY TRIAL
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`ACCELERATION BAY LLC, a Delaware
`Limited Liability Corporation,
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`Plaintiff,
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`v.
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`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC., Delaware Corporations,
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Case 1:16-cv-00455-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 Defendants Take-Two Interactive Software, Inc. (“Take-
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`Two”), Rockstar Games, Inc. (“Rockstar”), and 2K Sports, Inc. (“2K”) (collectively,
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`“Defendants”) and alleges as follows:
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`BACKGROUND
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`This Complaint alleges Defendants infringed and continue 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-00311-RGA (D. Del.), filed on April 13, 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-00311-RGA,
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`D.I. 145. 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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`Acceleration Bay is informed and believes that Take-Two is a Delaware
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`corporation with its principal place of business at 622 Broadway in New York, NY 10012.
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`Acceleration Bay is informed and believes that Rockstar is a Delaware
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`corporation with its principal place of business at 622 Broadway in New York, NY 10012.
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`Acceleration Bay is informed and believes that 2K is a Delaware corporation with
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`its principal place of business at 10 Hamilton Landing in Novato, CA 94949.
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`Acceleration Bay is informed and believes that Take-Two wholly owns the
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`multiplayer or multisystem game publishing labels Rockstar and 2K. Acceleration Bay is
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`informed and believes that Take-Two publishes the Grand Theft Auto online multiplayer game
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`series through its wholly owned subsidiary, Rockstar. Acceleration Bay is informed and believes
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`that Take-Two publishes the NBA 2K online multiplayer game series through its wholly owned
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`subsidiary 2K.
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`Acceleration Bay is informed and believes that Take-Two exercises complete
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`control over its wholly owned subsidiaries, Rockstar and 2K, and directs these subsidiaries, as its
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`publishing labels and agents, to make, use, sell, offer for sale, and/or import the Grand Theft
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`Auto and NBA 2K products and services as alleged herein. Acceleration Bay is further informed
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`and believes that Take-Two’s direction and control over Rockstar and 2K is evidenced by
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`statements in its public websites and documents such as Take-Two’s SEC filings. See, e.g.,
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`Take-Two’s Fiscal Third Quarter 2015 Report, pp. 1-2 ( “We [Take-Two] successfully launched
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`one of the most diverse holiday lineups in the [Take-Two]’s history, led by Grand Theft Auto
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`V… [and] NBA 2K15…”; see also Take-Two’s 2014 Form 10-K, pp. 1, 3-4 (discussing
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`Rockstar and 2K products and services as “internally developed software titles” and stating: “We
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`develop and publish products through our two wholly-owned labels Rockstar Games and 2K…
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`Our business consists of our wholly-owned labels Rockstar Games and 2K.”); id. at p. 10 (“We
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`are dependent on the future success of our Grand Theft Auto products and we must continue to
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`publish ‘hit’ titles or sequels…to compete successfully in our industry.”); id. at p. 32, 41
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`(showing game sales published with Rockstar and 2K reported as revenue for Take-Two);
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`http://www.rockstargames.com/#/?lb=corpinfo (“The Rockstar logo is a registered trademark of
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`Take-Two Interactive Software, Inc.”); https://www.2k.com/nba2k15preorder/entercode.html
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`(“2K, the 2K logo, and Take-Two Interactive Software are all trademarks and/or registered
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`trademarks of Take-Two Interactive Software, Inc.”); http://phoenix.corporate-
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`ir.net/phoenix.zhtml?c=86428&p=irol-newsArticle&ID=1974730 (2014 Take-Two press-release
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`showing 2K as a publishing label of Take-Two); http://phoenix.corporate-
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`ir.net/phoenix.zhtml?c=86428&p=irol-newsArticle&ID=1990614 (2014 Take-Two press release
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`showing Rockstar and 2K as wholly owned labels of 2K);
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`http://ir.take2games.com/phoenix.zhtml?c=86428&p=irol-irhome (“The Company [Take-Two]
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`develops and publishes products through its two wholly-owned labels Rockstar Games and
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`2K.”).
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`Acceleration Bay is informed and believes that Defendants make, use, sell, offer
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`for sale, and/or import 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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`Acceleration Bay is informed and believes that Take-Two, through its subsidiary
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`Rockstar, makes, uses, sells, offers for sale, and/or imports the Grand Theft Auto online
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`multiplayer game series (including but not limited to its Open World, Jobs, Social Club, Crews,
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`Heists, Team Death-match, Come Out to Play, Hasta la Vista, and Siege Mentality modes).
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`Acceleration Bay is informed and believes that Take-Two through its subsidiary
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`2K, makes, uses, sells, offers for sale, and/or imports NBA 2K online multiplayer game series
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`(including but not limited to its Online Leagues, MyPARK, Rec Hall, Stage, and Crew modes).
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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 Defendants. Upon information and
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`belief, Defendants do business in this District and have, and continue to, infringe in this District.
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`On information and belief, Defendants are incorporated in the State of Delaware. In addition, the
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`Court has personal jurisdiction over Defendants because they have established minimum
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`contacts with this forum and the exercise of jurisdiction would not offend traditional notions of
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`fair play and 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.
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`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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`Grand Theft Auto (“GTA”): Acceleration Bay is informed and believes that
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`Take-Two, through its label, Rockstar, publishes the multiplayer or multisystem games Grand
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`Theft Auto Online (“GTA-O”) and Grand Theft Auto V (“GTA-V”) (together, “GTA”).
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`Acceleration Bay is informed and believes that GTA products and related services utilize the
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`network technology claimed in the Acceleration Bay Patents to offer a multiplayer or
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`multisystem gaming environment to its players. Acceleration Bay is informed and believes that
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`the multiplayer modes of the GTA products support up to 30 individual players.
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`http://gta.wikia.com/Grand_Theft_Auto_Online.
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`Open World: Acceleration Bay is informed and believes that the GTA products
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`allow players to “freely roam” within the GTA-V gaming environment (also known as the “map”
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`or “open world”), and to interact with that gaming environment or “open world,” as well as with
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`other individual players within that gaming environment, in a manner that infringes the
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`Acceleration Bay Patents.
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`Acceleration Bay is informed and believes that GTA 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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`Jobs: By way of example and not limitation, aside from the “free roam” or “open
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`world” play, individual players can engage in localized multiplayer game modes known as
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`“Jobs” that are played in separate sessions, independent from the larger, open gaming
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`environment. Acceleration Bay is informed and believes that these “Jobs” include, but are not
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`limited to, “deathmatches, races, sports activities and horde-like survival games . . . players can
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`also undertake co-operative missions for various crime boss characters . . . The number of
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`players involved and the size of the area available to them in these game modes varies depending
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`on the activity and mode itself.” http://gta.wikia.com/Grand_Theft_Auto_Online.
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`Acceleration Bay is informed and believes that GTA products and services utilize the network
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`technology claimed in the Acceleration Bay Patents to perform many other functionalities within
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`its gaming environment, including but not limited to “Social Club,” “Crews,” “Heists,” and
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`“Team Death-match,” as well as adversary modes such as “Come Out to Play,” “Hasta la Vista,”
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`and “Siege Mentality.”
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`Social Club: Acceleration Bay is informed and believes that Take-Two and
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`Rockstar provide Social Club, a digital rights management, multiplayer gaming, and
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`communications service, for use with their latest generation of games. Acceleration Bay is
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`informed and believes that when consumers purchase GTA products, they gain full access to
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`GTA products’ designated Social Club features, both inside the game and on the associated
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`website.
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`http://socialclub.rockstargames.com/about
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`Crews: Acceleration Bay is informed and believes that GTA products offer a
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`functionality called “Crews,” wherein groups of their individual Social Club members may form
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`teams of up to 1,000 members at a time within its online multiplayer gaming environments.
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`http://socialclub.rockstargames.com/about.
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`Acceleration Bay is informed and believes that the Crews functionality allows
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`individual players to communicate and interact with the gaming environment and each other in a
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`manner that infringes the Acceleration Bay Patents.
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`Team Death Match: Acceleration Bay is informed and believes that GTA
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`products allow individual players to compete against up to 16 other players in a high-intensity,
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`winner takes all shootout. Acceleration Bay is informed and believes that players can place
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`virtual bets on the match, with the winner awarded in virtual cash prizes. Each death match
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`occurs in its own, unique multiplayer location on the GTA-V “map” with which the players can
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`interact.
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`https://www.youtube.com/watch?v=_wXW5V3tjdI
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`Acceleration Bay is informed and believes that the Team Death Match
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`functionality allows individual players to communicate and interact with unique gaming
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`environments in a manner that infringes the Acceleration Bay Patents.
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`Heists: Acceleration Bay is informed and believes that GTA products offer a
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`functionality called “Heists,” which allows individual players to “team up to take down big
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`scores” within its online multiplayer gaming environments.
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`http://www.rockstargames.com/newswire/article/52397/adversary-modes-daily-objectives-and-
`more-new-updates-also
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`Acceleration Bay is informed and believes that the Heists functionality allows
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`individual players to communicate and interact with the gaming environment and each other in a
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`manner that infringes the Acceleration Bay Patents.
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`Come Out To Play: Acceleration Bay is informed and believes that GTA
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`products’ Come Out to Play mode allows multiple online players to play against each other by
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`choosing either a team of Hunters or Runners.
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`http://www.rockstargames.com/newswire/article/52397/advers
`ary-modes-daily-objectives-and-more-new-updates-also
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`Acceleration Bay is informed and believes that the Come Out to Play
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`functionality allows individual players to communicate and interact with the gaming
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`environment and each other in a manner that infringes the Acceleration Bay Patents.
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`Siege Mentality: Acceleration Bay is informed and believes that GTA products’
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`Siege Mentality mode allows up to four players to fight to survive against up to six determined
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`attackers in a location defense mode.
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`http://www.rockstargames.com/newswire/article/52397/advers
`ary-modes-daily-objectives-and-more-new-updates-also.
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`Acceleration Bay is informed and believes that the Siege Mentality functionality
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`allows individual players to communicate and interact with the gaming environment and each
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`other in a manner that infringes the Acceleration Bay Patents.
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`Hasta La Vista: Acceleration Bay is informed and believes that GTA products’
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`Hasta La Vista mode allows multiple players to play against each other by choosing to join either
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`a team of Truckers or a team of Cyclists.
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`http://www.rockstargames.com/newswire/article/52397/adversary
`-modes-daily-objectives-and-more-new-updates-also.
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`Acceleration Bay is informed and believes that the Hasta La Vista functionality
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`allows individual players to communicate and interact with the gaming environment and each
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`other in a manner that infringes the Acceleration Bay Patents.
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`Acceleration Bay is informed and believes that GTA products and services
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`include peer-to-peer technologies that allow individual players or systems to interact with each
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`other inside the gaming environment, and interact with the gaming environment itself, in a
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`manner that infringes the Acceleration Bay Patents.
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`https://twitter.com/RockstarSupport/status/206974346923737088
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`Acceleration Bay is also informed and believes that the GTA products and
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`services use the network technology claimed in the Acceleration Bay Patents to allow players to
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`leave the gaming environment without negatively affecting the gameplay experience of other
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`players. See, e.g.,
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`https://www.youtube.com/watch?v=_wXW5V3tjdI (showing message that player has left).
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`NBA 2K: Acceleration Bay is informed and believes that Take-Two, through its
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`subsidiary, 2K publishes the multiplayer or multisystem game series NBA 2K, including but not
`
`limited to the multiplayer or multisystem games NBA 2K15 and NBA 2K16 (collectively, “NBA
`
`2K”). Acceleration Bay is informed and believes that NBA 2K products and related services
`
`utilize the network technology claimed in the Acceleration Bay Patents to offer a multiplayer or
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`multisystem gaming environment to its players, primarily related to the sport of basketball. NBA
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`2K products contain several infringing functionalities, including but not limited to, Online
`
`Leagues, MyPARK, Rec Hall, Stage, and Crew.
`
`Online Leagues: Acceleration Bay is informed and believes that NBA 2K’s
`
`Online Leagues game mode allows multiple players online to take over control of an NBA team
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`and compete against other users.
`
`https://www.youtube.com/watch?v=uXE5aR8arUY
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`Acceleration Bay is informed and believes that the Online Leagues functionality
`
`allows individual players to communicate and interact with the gaming environment and each
`
`other in a manner that infringes the Acceleration Bay Patents.
`
`MyPARK: Acceleration Bay is informed and believes that NBA 2K’s MyPARK
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`mode, which is accessible from its MyCAREER Mode, lets an individual player take a
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`MyPLAYER character online and join one of three MyPARK communities: Rivet City, Old
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`Town and Sunset Beach. Joining a community allows a player to compete against other
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`communities on Rival days, as well as to play with other individual players in 2-on-2, 3-on-3, or
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`5-on-5 basketball games. Acceleration Bay is informed and believes that players may also
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`“squad up” under the MyPARK functionality, to play with other friends as well as introduce
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`teammate grades to the park that allow a player to be graded on his or her performance and “rank
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`up” through NBA 2K’s rep system.
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`https://www.youtube.com/watch?v=kmIW1yI_zPE
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`Acceleration Bay is informed and believes that the MyPARK functionality allows
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`individual players to communicate and interact with the gaming environment and each other in a
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`manner that infringes the Acceleration Bay Patents.
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`Rec Hall: Acceleration Bay is informed and believes that NBA 2K’s Rec Hall
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`mode allows players to compete in 4-quarter, NBA simulation games with referees and NBA
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`rules “in the most competitive 5-on-5 games with your MyPLAYER” profiles. Individual
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`players may also “squad up” in the Rec Hall mode.
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`https://www.youtube.com/watch?v=iVMgE3NqgUI
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`Stage: Acceleration Bay is informed and believes that NBA 2K’s Stage mode
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`allows individual players to enter the Stage from the MyCAREER menu and ante up against
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`other individual players online to place virtual currency wagers on gaming matches.
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`https://www.youtube.com/watch?v=-ckFbQmdQMI
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`https://www.youtube.com/watch?v=rdJTSUlvUC8
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`Acceleration Bay is informed and believes that the Stage functionality allows
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`individual players to communicate and interact with the gaming environment and each other in a
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`manner that infringes the Acceleration Bay Patents.
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`Crew: Acceleration Bay is informed and believes that NBA 2K’s Crew mode
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`allows a player to take his or her MyPLAYER character and form a Crew and play games
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`against other players. This mode allows players to unlock playable NBA stars in exchange for
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`virtual currency.
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`https://www.youtube.com/watch?v=sL0cHtk9LLo
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`https://www.youtube.com/watch?v=mb3TZ62cV4Q
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`https://www.youtube.com/watch?v=mb3TZ62cV4Q
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`Acceleration Bay is informed and believes that the NBA 2K products and services
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`include peer-to-peer technologies that allow individual players or systems to interact with each
`
`other inside the gaming environment, and interact with the gaming environment itself, in a
`
`manner that infringes the Acceleration Bay Patents.
`
`Acceleration Bay is also informed and believes that the NBA 2K products use the
`
`network technology claimed in the Acceleration Bay Patents to allow players to leave the gaming
`
`environment without negatively affecting the gameplay experience of other players. See, e.g.,
`
`https://www.youtube.com/watch?v=e2LMrXVHdwI (showing message that player has left);
`
`https://www.youtube.com/watch?v=uXE5aR8arUY (showing message that player has left).
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`22
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`Case 1:16-cv-00455-RGA Document 1 Filed 06/17/16 Page 24 of 39 PageID #: 24
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`DEFENDANTS’ INFRINGEMENT OF ACCELERATION BAY PATENTS
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`Defendants have been and are now infringing the Acceleration Bay Patents (i.e.,
`
`the ‘344 Patent, ‘966 Patent, ‘147 Patent, ‘634 Patent, ‘069 Patent, and ‘497 Patent) in this
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`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 related to the GTA
`
`products, NBA 2K series products, and their related services.
`
`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.
`
`Defendants have infringed and continue to infringe one or more claims of the
`
`‘344 Patent in violation of 35 U.S.C. § 271(a).
`
`Defendants’ infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`Defendants’ 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.
`
`Defendants’ infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendants’ products and services, including, but not
`
`limited to, GTA and NBA 2K products, which embody the patented invention of the ‘344 Patent.
`
`The GTA products infringe the ‘344 Patent through, at minimum, their Open
`
`World, Jobs, Social Club, Crews, Heists, Team Death Match, Come Out to Play, Hasta la Vista,
`
`and Siege Mentality modes, which allow individual players from different locations to
`
`communicate and interact with each other using a broadcast technique in which a broadcast
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`Case 1:16-cv-00455-RGA Document 1 Filed 06/17/16 Page 25 of 39 PageID #: 25
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`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 the GTA products infringe at
`
`least one claim of the ‘344 Patent is attached hereto as Exhibit 7 and incorporated by reference.
`
`The NBA 2K products infringe the ‘344 Patent through, at minimum, their Online
`
`Leagues, MyPARK, Rec Hall, Stage, and Crew 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 the
`
`NBA 2K products infringe at least one claim of the ‘344 Patent is attached hereto as Exhibit 8
`
`and incorporated by reference.
`
`As a result of Defendants’ 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.
`
`Defendants’ infringement of the ‘344 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`Defendants’ infringement of the ‘344 Patent is willful, as Defendants have been
`
`fully aware of the ‘344 Patent, and the fact that their products infringe the ‘344 Patent, for more
`
`than one year. On April 13, 2015, Acceleration Bay filed a complaint against Defendants
`
`alleging, inter alia, that the GTA products and the NBA 2K products infringe the ‘344 Patent.
`
`Acceleration Bay LLC v. Take-Two Interactive Software Inc., 1:15-cv-00311-RGA, Dkt. No. 1.
`
`Moreover, Acceleration Bay served an Identification of Accused Products and Patents on
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`Defendants on November 2, 2015, and claim charts detailing the manner in which the accused
`
`products infringe the ‘344 Patent on March 2, 2016. Despite this knowledge of the ‘344 Patent
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`24
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`Case 1:16-cv-00455-RGA Document 1 Filed 06/17/16 Page 26 of 39 PageID #: 26
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`and of their infringement, Defendants continue to manufacture, use, sale, import and/or offer for
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`sale their GTA and NBA 2K products. As such, Defendants have acted recklessly and continue
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`to willfully, wantonly, and deliberately engage in acts of infringement of the ‘344 Patent,
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`warranting an award to Acceleration Bay of enhanced damages under 35 U.S.C. § 284, and
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`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.
`
`Defendants have infringed and continue to infringe one or more claims of the
`
`‘966 Patent in violation of 35 U.S.C. § 271(a).
`
`Defendants’ infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`Defendants’ 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.
`
`Defendants’ infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendants’ products and services, including but not
`
`limited to, GTA and NBA 2K products, which embody the patented invention of the ‘966 Patent.
`
`The GTA products infringe the ‘966 Patent through, at minimum, their Open
`
`World, Jobs, Social Club, Crews, Heists, Team Death Match, Come Out to Play, Hasta la Vista,
`
`and Siege Mentality 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
`
`25
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`

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`Case 1:16-cv-00455-RGA Document 1 Filed 06/17/16 Page 27 of 39 PageID #: 27
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`basis. By way of example, and not limitation, a claim chart further describing how the GTA
`
`products infringe at least one claim of the ‘966 Patent is attached hereto as Exhibit 7 and
`
`incorporated by reference.
`
`The NBA 2K products infringe the ‘966 Patent through, at minimum, their Online
`
`Leagues, MyPARK, Rec Hall, Stage, and Crew 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 basis. By way of example, and not limitation, a claim chart further
`
`describing how the NBA 2K products infringe at least one claim of the ‘966 Patent is attached
`
`hereto as Exhibit 8 and incorporated by reference.
`
`As a result of Defendants’ 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.
`
`Defendants’ infringement of the ‘966 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`Defendants’ infringement of the ‘966 Patent is willful, as Defendants have been
`
`fully aware of the ‘966 Patent, and the fact that their products infringe the ‘966 Patent, for more
`
`than one year. On April 13, 2015, Acceleration Bay filed a complaint against Defendants
`
`alleging, inter alia, that the GTA products and the NBA 2K products infringe the ‘966 Patent.
`
`Acceleration Bay LLC v