Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`
`CIVIL ACTION NO. __________
`
`[DEMAND FOR JURY TRIAL]
`
`IRONBURG INVENTIONS LTD. a
`United Kingdom Limited Company,
`
`Plaintiff,
`
`
`
` vs.
`
`VALVE CORPORATION, a Washington
`Corporation,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ironburg Inventions Ltd. (“Plaintiff”), by and through counsel, file
`
`this complaint for patent infringement and demand for jury trial (“Complaint”)
`
`against Valve Corporation (“Defendant”).
`
`Plaintiff alleges as follows:
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`PARTIES
`
`1.
`
`Plaintiff Ironburg Inventions Ltd. (“Ironburg”) is a company organized and
`
`existing under the laws of the United Kingdom having its principal place of
`
`business at 10 Market Place, Wincanton, BA9 9LP, Great Britain.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`
`CIVIL ACTION NO. __________
`
`[DEMAND FOR JURY TRIAL]
`
`IRONBURG INVENTIONS LTD. a
`United Kingdom Limited Company,
`
`Plaintiff,
`
`
`
` vs.
`
`VALVE CORPORATION, a Washington
`Corporation,
`
`Defendant.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Ironburg Inventions Ltd. (“Plaintiff”), by and through counsel, file
`
`this complaint for patent infringement and demand for jury trial (“Complaint”)
`
`against Valve Corporation (“Defendant”).
`
`Plaintiff alleges as follows:
`
`PARTIES
`
`1.
`
`Plaintiff Ironburg Inventions Ltd. (“Ironburg”) is a company organized and
`
`existing under the laws of the United Kingdom having its principal place of
`
`business at 10 Market Place, Wincanton, BA9 9LP, Great Britain.
`
`
`
`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 2 of 7
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`2.
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`Ironburg conducts business in the United States by and through Scuf
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`Gaming International, LLC (“Scuf Gaming”), a Georgia-based manufacturer,
`
`wholesaler, retailer, and restorer of custom video game equipment and accessories,
`
`including video game controllers (“gaming controllers”), which include Plaintiff’s
`
`patented technology.
`
`3.
`
`On information and belief, Defendant Valve Corporation (“Valve”) is a
`
`corporation organized and existing under the laws of the State of Washington,
`
`having a place of business at 10900 NE 4th Street, Suite 500, Bellevue,
`
`Washington 90084.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is a Complaint for patent infringement arising under the patent laws of
`
`the United States, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction
`
`under 28 U.S.C. §§1331 and 1138(a).
`
`5.
`
`Defendant has committed acts and continues to commit acts within this
`
`District giving rise to this action, and venue is proper under 28 U.S.C. § 1391(b)
`
`and §1400(b).
`
`FACTUAL BACKGROUND
`
`6.
`
`As part of its business, Plaintiff licenses its patents, including to Scuf
`
`Gaming and Microsoft Corporation.
`
`
`
`2
`
`
`
`
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`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 3 of 7
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`7.
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`On information and belief, Defendant is presently making, using, importing,
`
`marketing, selling, and/or offering to sell gaming controllers, including but not
`
`limited to Defendant’s Steam Controller, in this District and elsewhere in the
`
`United States that incorporate Plaintiff’s patented technology.
`
`THE PATENTS IN SUIT
`
`8.
`
`On February 4, 2014, United States Patent No. 8,641,525 (hereafter the
`
`“’525 Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” was
`
`duly and legally issued to Plaintiff Ironburg. A copy of the ‘525 Patent is annexed
`
`hereto as Exhibit A.
`
`9.
`
`On July 28, 2015, United States Patent No. 9,089,770 (hereafter the “’770
`
`Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” which is a
`
`continuation of the ‘525 Patent, was duly and legally issued to Plaintiff Ironburg.
`
`A copy of the ‘770 Patent is annexed hereto as Exhibit B.
`
`10. Plaintiff Ironburg is the owner and assignee of record of the ‘525 and the
`
`‘770 Patents.
`
`COUNT I
`(Infringement Of U.S. Patent No. 8,641,525)
`
`11. Plaintiff repeats and realleges Paragraphs 1 through 10 of this Complaint as
`
`if fully set forth herein.
`
`
`
`3
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`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 4 of 7
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`12. Defendant’s gaming controller products, including but not limited to
`
`Defendant’s Steam Controller, include inventions disclosed and claimed in the
`
`‘525 Patent. Defendant has infringed and continues to infringe the ‘525 Patent
`
`literally and under the doctrine of equivalents through the manufacture, use, offer
`
`for sale, sale, and/or importation of said gaming controller products in the United
`
`States.
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`13. Defendant’s acts of infringement of the ’525 patent have caused and will
`
`continue to cause Plaintiff substantial and irreparable injury, for which Plaintiff is
`
`entitled to receive injunctive relief and damages adequate to compensate Plaintiff
`
`for such infringement.
`
`14. Plaintiff is entitled to damages under 35 U.S.C. § 284 for Defendant’s
`
`infringement of one or more claims of the ‘525 patent.
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`15. On information and belief, Defendant acted despite an objectively high
`
`likelihood that its actions constituted infringement of a valid patent and the
`
`objectively defined risk was either known or should have been known to the
`
`Defendant. Defendant’s infringement, which has been with actual notice of the
`
`‘525 patent, has been and is willful, and Plaintiff is therefore entitled to enhanced
`
`damages for willful infringement.
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`4
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`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 5 of 7
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`16. This case is exceptional, and therefore, Plaintiff is also entitled to attorneys’
`
`fees pursuant to 35 U.S.C. § 285.
`
`COUNT II
`(Infringement Of U.S. Patent No. 9,089,770)
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`17. Plaintiff repeats and realleges Paragraphs 1 through 10 of this Complaint as
`
`if fully set forth herein.
`
`18. Defendant’s gaming controller products, including but not limited to
`
`Defendant’s Steam Controller, include inventions disclosed and claimed in the
`
`‘770 Patent. Defendant has infringed and continues to infringe the ‘770 Patent
`
`literally and under the doctrine of equivalents through the manufacture, use, offer
`
`for sale, sale, and/or importation of said gaming controller products in the United
`
`States.
`
`19. Defendant’s acts of infringement of the ’770 patent have caused and will
`
`continue to cause Plaintiff substantial and irreparable injury, for which Plaintiff is
`
`entitled to receive injunctive relief and damages adequate to compensate Plaintiff
`
`for such infringement.
`
`20. This case is exceptional, and therefore, Plaintiff is entitled to attorneys’ fees
`
`pursuant to 35 U.S.C. § 285.
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`21. Plaintiff is also entitled to damages under 35 U.S.C. § 284 for Defendant’s
`
`infringement of one or more claims of the ‘770 patent.
`
`
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`5
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`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 6 of 7
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that this Court grant the
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`following relief:
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`A. The entry of judgment declaring that Defendant has infringed each of the
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`Patents-in-Suit;
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`B. An award of all available damages, including, but not limited to any lost
`
`profits from Defendant’s infringement of the Patents-in-Suit, but in any event not
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`less than a reasonable royalty, together with pre-judgment and post-judgment
`
`interest;
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`C. An injunction restraining Defendant and its affiliates, subsidiaries,
`
`officers, directors, agents, servants, employees, representatives, licensees,
`
`successors, assigns, and all those acting for them and on their behalf, from further
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`infringement of the Patents-in-Suit (as well as inducements of infringement and
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`contributions to infringement of the Patents-in-Suit);
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`D. The entry of an order declaring that this is an exceptional case and
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`awarding Plaintiff its costs, expenses, and reasonable attorney fees under 35 U.S.C.
`
`§ 285 and all other applicable statutes, rules, and common law;
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`E. Enhanced and treble damages for willful infringement; AND
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`F. An order awarding Plaintiff any such other relief as the Court may deem
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`6
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`Case 1:15-cv-04219-TWT Document 1 Filed 12/03/15 Page 7 of 7
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`just and proper under the circumstances.
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands trial by jury on all claims and issues so triable.
`
`Respectfully submitted,
`
`
`
`By: /Cynthia R. Parks/
`Cynthia R. Parks, GA Bar No. 563929
`PARKS IP LAW LLC
`730 Peachtree St. NE, Suite 600
`Atlanta, GA 30308
`Telephone: (678) 365-4444
`Facsimile: (678) 365-4450
`
`Attorneys for Plaintiff
`IRONBURG INVENTIONS LTD.
`
`December 3, 2015
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`Dated:
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`
`
`
`
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`315624107.3
`
`
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`7
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