Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 1 of 14
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`
`Civil Action No. 1:15-cv-04219-MHC
`
`[DEMAND FOR JURY TRIAL]
`
`IRONBURG INVENTIONS LTD. a
`United Kingdom Limited Company,
`
`Plaintiff,
`
`
`
` vs.
`
`VALVE CORPORATION, a Washington
`Corporation,
`
`Defendant.
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Pursuant to Federal Rules of Civil Procedure 12 and 15, in response to the
`
`Motion to Dismiss filed by Valve Corporation (“Defendant”) (Dkt. #13), Plaintiff
`
`Ironburg Inventions Ltd. (“Plaintiff”), by and through counsel, files this first
`
`amended complaint for patent infringement and demand for jury trial
`
`(“Complaint”) against Defendant Valve Corporation.
`
`Plaintiff alleges as follows:
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`
`Civil Action No. 1:15-cv-04219-MHC
`
`[DEMAND FOR JURY TRIAL]
`
`IRONBURG INVENTIONS LTD. a
`United Kingdom Limited Company,
`
`Plaintiff,
`
`
`
` vs.
`
`VALVE CORPORATION, a Washington
`Corporation,
`
`Defendant.
`
`
`
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Pursuant to Federal Rules of Civil Procedure 12 and 15, in response to the
`
`Motion to Dismiss filed by Valve Corporation (“Defendant”) (Dkt. #13), Plaintiff
`
`Ironburg Inventions Ltd. (“Plaintiff”), by and through counsel, files this first
`
`amended complaint for patent infringement and demand for jury trial
`
`(“Complaint”) against Defendant Valve Corporation.
`
`Plaintiff alleges as follows:
`
`
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 2 of 14
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`PARTIES
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`1.
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`Plaintiff Ironburg Inventions Ltd. (“Ironburg”) is a company organized and
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`existing under the laws of the United Kingdom having its principal place of
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`business at 10 Market Place, Wincanton, BA9 9LP, Great Britain.
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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,
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`wholesaler, retailer, and restorer of custom video game equipment and accessories,
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`including video game controllers (“gaming controllers”), which include Plaintiff’s
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`patented technology.
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`3.
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`On information and belief, Defendant Valve Corporation (“Valve”) is a
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`corporation organized and existing under the laws of the State of Washington,
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`having a place of business at 10900 NE 4th Street, Suite 500, Bellevue,
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`Washington 90084.
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`JURISDICTION AND VENUE
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`4.
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`This is a Complaint for patent infringement arising under the patent laws of
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`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).
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`
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`2
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 3 of 14
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`5.
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`Defendant has committed acts and continues to commit acts within this
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`District giving rise to this action, and venue is proper under 28 U.S.C. § 1391(b)
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`and §1400(b).
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`6.
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`On February 4, 2014, United States Patent No. 8,641,525 (hereafter the
`
`“’525 Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” was
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`duly and legally issued to Plaintiff Ironburg. A copy of the ‘525 Patent is annexed
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`hereto as Exhibit A.
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`7.
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`On July 28, 2015, United States Patent No. 9,089,770 (hereafter the “’770
`
`Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” which is a
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`continuation of the ‘525 Patent, was duly and legally issued to Plaintiff Ironburg.
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`A copy of the ‘770 Patent is annexed hereto as Exhibit B.
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`8.
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`On March 22, 2016, United States Patent No. 9,289,688 (hereafter the “’688
`
`Patent”) entitled, “GAMES CONTROLLER,” was duly and legally issued to
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`Plaintiff Ironburg. A copy of the ‘688 Patent is annexed hereto as Exhibit C.
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`9.
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`Plaintiff Ironburg is the owner and assignee of record of the ‘525, the ‘770,
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`and the ‘688 Patents (together the “Patents-in-Suit”).
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`FACTUAL BACKGROUND
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`10. As part of its business, Plaintiff licenses its patents, including to Scuf
`
`Gaming and Microsoft Corporation.
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`3
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 4 of 14
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`11. Defendant is presently making, using, importing, marketing, selling, and/or
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`offering to sell gaming controllers, including but not limited to Defendant’s Steam
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`Controller1, in this District and elsewhere in the United States that incorporate
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`Plaintiff’s patented technology.
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`12. At least as early as March 7, 2014, in written and oral communications with
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`Valve, Ironburg informed Valve that its marketing of gaming controllers, including
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`Defendant’s Steam Controller, infringe Ironburg patents. In those pre-suit
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`communications with Valve, Ironburg specifically identified Claim 1 and Claim 20
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`of the ‘525 Patent (the two independent claims of that patent), as well as Ironburg’s
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`then-pending patent applications, including one now issued as the ‘770 Patent
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`placed at issue in this Complaint.
`
`COUNT I
`(Infringement Of U.S. Patent No. 8,641,525)
`
`13. Plaintiff repeats and realleges Paragraphs 1 through 12 of this Complaint as
`
`if fully set forth herein.
`
`14.
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` Gaming controller products made, used and sold by the defendant, including
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`Defendant's Steam Controller, infringe the '525 patent. Defendant's Steam
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`Controller is a hand held controller that closely resembles the controller depicted in
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`1 Pictures of Defendant’s Steam Controller from Defendant’s website
`(http://store.steampowered.com), which has been marketing its controller at least
`since March 2014, are annexed hereto as Exhibit D.
`
`
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`4
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 5 of 14
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`the patent. Each and every claim in the '525 patent is directed to a hand held
`
`controller. There are only two independent claims in the '525 patent: Claims 1 and
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`20. They are similar, but Claim 1 includes a limitation that Claim 20 does not
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`(Claim 20 does not specify that an element is resilient and flexible). Claims 1 and
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`20 include the following claim elements: (1) an outer case, (2) a front control, (3)
`
`shaped to be held in the hand of a user such that the user's thumb is positioned to
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`operate the front control, and (4) two back controls with elongated members.
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`Defendant's Steam Controller is a hand held controller that includes the
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`aforementioned claim elements, viz., (1) an outer case, (2) a front control, (3)
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`shaped to be held in the hand of a user such that the user's thumb is positioned to
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`operate the front control, and (4) two back controls with elongated members. The
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`remaining claims of the patent include the elements of Claim 1 and add additional
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`limitations. For example, Claim 2 further requires a top control, Claim 7 further
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`requires that each elongate member is mounted within a recess of the case of the
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`controller, and Claim 15 further requires a switch mechanism disposed between
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`each of the elongate members and an outer surface of the back of the controller.
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`The Steam Controller includes each element of exemplary Claims 1, 2, 7 and 15.
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`Plaintiff contends that the infringement is literal, but reserves the right to rely on
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`the doctrine of equivalents.
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`5
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 6 of 14
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`15. Defendant’s acts of infringement of the ’525 Patent have caused and will
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`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.
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`16. Plaintiff is entitled to damages under 35 U.S.C. § 284 for Defendant’s
`
`infringement of one or more claims of the ‘525 Patent.
`
`COUNT II
`(Infringement Of U.S. Patent No. 9,089,770)
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`17. Plaintiff repeats and realleges Paragraphs 1 through 16 of this Complaint as
`
`if fully set forth herein.
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`18. Gaming controller products made, used and sold by the defendant, including
`
`Defendant's Steam Controller, infringe the '770 patent. Defendant's Steam
`
`Controller is a hand held controller that closely resembles the controller depicted in
`
`the patent. Each and every claim in the '770 patent is directed to a gaming
`
`controller. There is only one independent claim in the '770 patent: Claim 1.
`
`Claim 1 includes the following claim elements: (1) an outer case, (2) two back
`
`controls with elongated members, (3) the first back control extending at least half
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`the distance between the top and bottom of the controller, and (4) the second back
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`control also extending at least half the distance between the top and bottom of the
`
`controller. Defendant's Steam Controller is a hand held controller that includes the
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`6
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 7 of 14
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`aforementioned claim elements, viz., (1) an outer case, (2) two back controls with
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`elongated members, (3) the first back control extending at least half the distance
`
`between the top and bottom of the controller, and (4) the second back control also
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`extending at least half the distance between the top and bottom of the controller.
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`The remaining claims of the patent include the elements of Claim 1 and add
`
`additional limitations. For example: Claim 3 further requires that the bottom edge
`
`of the controller includes a first and a second convex handle with a medial portion
`
`in between; Claim 4 further requires that the first distance [for measuring length of
`
`back controls] is between the top edge and the medial portion in Claim 3; Claim 5
`
`further requires that the medial portion in Claim 3 is closer to the top edge than a
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`distal end of the first and second handles; Claim 6 further requires that the back
`
`includes a recesses between the first and second handles; Claim 7 further requires
`
`that the recess in Claim 6 is recessed towards the front; Claim 8 further requires
`
`that the two elongate members are positioned at or adjacent the transition edge
`
`between each handle and the recess; and, Claim 9 further requires that the first and
`
`second handles protrude outwards from the recess. The Steam Controller includes
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`each element of exemplary Claims 1, 3, 4-6 and 7-9. Plaintiff contends that the
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`infringement is literal, but reserves the right to rely on the doctrine of equivalents.
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`7
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 8 of 14
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`19. Defendant’s acts of infringement of the ’770 Patent have caused and will
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`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. Plaintiff is entitled to damages under 35 U.S.C. § 284 for Defendant’s
`
`infringement of one or more claims of the ‘770 Patent.
`
`COUNT III
`(Infringement Of U.S. Patent No. 9,289,688)
`
`21. Plaintiff repeats and realleges Paragraphs 1 through 20 of this Complaint as
`
`if fully set forth herein.
`
`22. Gaming controller products made, used and sold by the defendant, including
`
`Defendant's Steam Controller, infringe the '688 patent. Defendant's Steam
`
`Controller is a hand held controller that closely resemble the controller depicted in
`
`the patent. Each and every claim in the '688 patent is directed to a games
`
`controller. There are only two independent claims in the '688 patent: Claims 1 and
`
`30. They are similar, but Claim 1 is directed to a controller with certain features
`
`and controls, and Claim 30 is directed to features and controls. Claim 1 includes
`
`the following claim elements: (1) an outer case, (2) multiple controls on the front
`
`and top of the case, (3) the case shaped to be held in two hands with the user's
`
`thumbs operating the top controls and index fingers operating the front controls,
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`
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`8
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 9 of 14
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`(4) at least one additional back control with an elongate member that is operable by
`
`the user’s middle, ring or little finger, (5) and the elongate member has one side
`
`disposed proximate an outer surface of the case and the opposite side is non-
`
`parallel with that outer surface. Defendant's Steam Controller is a hand held
`
`controller that includes the aforementioned claim elements, viz., (1) an outer case,
`
`(2) multiple controls on the front and top of the case, (3) the case shaped to be held
`
`in two hands with the user's thumbs operating the top controls and index fingers
`
`operating the front controls, (4) at least one additional back control with an
`
`elongate member that is operable by the user’s middle, ring or little finger, (5) and
`
`the elongate member has one side disposed proximate an outer surface of the case
`
`and the opposite side is non-parallel with that outer surface. The remaining claims
`
`of the patent include the elements of Claim 1 and add additional limitations. The
`
`Steam Controller includes each element of exemplary Claim 1. Plaintiff contends
`
`that the infringement is literal, but reserves the right to rely on the doctrine of
`
`equivalents.
`
`23. Defendant’s acts of infringement of the ’688 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.
`
`
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`9
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 10 of 14
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`24. Plaintiff is entitled to damages under 35 U.S.C. § 284 for Defendant’s
`
`infringement of one or more claims of the ‘688 Patent.
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`WILLFUL INFRINGEMENT
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`25. Plaintiff repeats and realleges Paragraphs 1 through 24 of this Complaint as
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`if fully set forth herein.
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`26. On information and belief, Defendant acted despite an objectively high
`
`likelihood that its actions, including but not limited to its marketing and sales of
`
`Defendant’s Steam Controller, constituted infringement of Patents-in-Suit.
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`Defendant acted despite the fact that the objectively defined risk of infringement
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`was either known or should have been known to the Defendant. Defendant’s
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`infringement, including but not limited to its marketing and sales of Defendant’s
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`Steam Controller, has been with actual notice of Patents-in-Suit, including as a
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`result of Ironburg’s pre-suit communications with Valve regarding Defendant’s
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`Steam Controller, the ‘525 Patent, and Ironburg’s patent applications, including
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`one that has now issued as the ‘770 Patent. Defendant’s infringement, therefore,
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`has been and is willful, so Plaintiff is entitled to enhanced damages for willful
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`infringement.
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that this Court grant the
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`10
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 11 of 14
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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
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`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
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`interest;
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`C. An injunction restraining Defendant and its affiliates, subsidiaries,
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`officers, directors, agents, servants, employees, representatives, licensees,
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`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.
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`§ 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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`just and proper under the circumstances.
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`///
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`11
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 12 of 14
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`///
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`///
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`///
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`///
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`///
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands trial by jury on all claims and issues so triable.
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`Respectfully submitted,
`
`
`
`By: /s/ Robert D. Becker
`Robert D. Becker, pro hac vice
`CA Bar No. 160648
`MANATT, PHELPS & PHILLIPS, LLP
`1841 Page Mill Road, Suite 200
`Palo Alto, CA 94304
`Telephone: (650) 812-1300
`Facsimile: (650) 213-0260
`
`Cynthia R. Parks, local counsel
`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.
`
`
`
`
`May 16, 2016
`
`Dated:
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`12
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 13 of 14
`Case 1:15-cv—04219-TWT Document 15 Filed 05/16/16 Page 13 of 14
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`Case 1:15-cv-04219-TWT Document 15 Filed 05/16/16 Page 14 of 14
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 16, 2016, I electronically filed the foregoing
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`with the Clerk of Court using the CM/ECF system which will automatically send
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`email notification of such filing to the attorneys of record.
`
`/s/ Robert D. Becker
`Robert D. Becker
`
`317003247.2
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`14
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