Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 1 of 24
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`ADAM K. YOWELL
`Nevada Bar No. 11748
`Adam.yowell@fisherbroyles.com
`FISHERBROYLES, LLP
`59 Damonte Ranch Pkwy
`Ste B # 508
`Reno, NV 89521
`Telephone: (775) 230-7364
`Counsel for Plaintiff
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`UNITED STATES DISTRICT COURT
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`DISTRICT OF NEVADA
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`NEXRF Corp., a Nevada Corporation
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` Plaintiff,
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`v.
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`Playtika Ltd., an Israel Corporation,
`Playtika Holding Corp., a Delaware
`Corporation, and Caesars Interactive
`Entertainment LLC, a Delaware LLC,
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`
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` Defendants.
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`
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` Case No.: 3:20-cv-603
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`COMPLAINT FOR PATENT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`Plaintiff NEXRF Corp. (“NEXRF”), a Nevada Limited Liability Company (“Plaintiff”)
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`files this Complaint for damages, injunctive relief and demand for a jury trial against Playtika Ltd.,
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`Playtika Holding Corp. (collectively “Playtika”), and Caesars Interactive Entertainment, LLC
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`(“CIE”), (collectively “Defendants”), and alleges as follows:
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`NATURE OF THE CASE
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`1.
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`NEXRF brings this action against Defendants for infringement of U.S. Patent Nos.
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`8,747,229 (the ‘229 patent), 8,506,406 (the ‘406 patent), 9,646,454 (the ‘454 patent), 8,506,407
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`(the ‘407 patent), and 9,373,116 (the ‘116 patent) (collectively, the “patents in suit”).
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`BACKGROUND
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`2.
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`The casino gaming industry has sought to create and encourage new ways for
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`patrons to gamble on casino games. While many patrons enjoyed the experience of playing a real
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`slot machine in front of them, many potential gaming patrons were underserved.
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`1
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`COMPLAINT
`4818-9333-3966, v. 3
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`

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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 2 of 24
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`3.
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`One area of interest to the casino industry was remote gaming, where a patron could
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`play a casino game while not physically sitting in front of and interacting with a typical casino
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`gaming device. Examples of prior art devices included systems where a patron would use a
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`handheld device to “play” a casino game by causing a remotely located but otherwise typical slot
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`machine to spin, and the information about the game outcome and the winnings would be
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`communicated to the player through the handheld device. These devices were flawed. For
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`example, they did not have a strict correlation between the actual game outcome and what the
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`player was shown, and additionally required the operation of a physical slot machine as an input.
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`4.
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`The patents in suit disclose various systems and methods for embodiments of a fully
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`remote, multiplayer capable, secure, and engaging casino-style gaming system. This novel design
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`departed from prior art systems in that it, among other advancements, provided for streamlined
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`media delivery for increased engagement with less resources, increased security to reduce
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`unauthorized use, multiplayer extensibility with improved scaling and reliability, and a flexible
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`infrastructure that could accommodate gambling or social gaming and different types of games.
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`5.
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`The inventive concepts of the patents in suit were unconventional. At the time of
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`the patents in suit, it was not well-understood, conventional, or routine to have, among other
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`distinctions: 1) a central gaming server that determined game outcome, associated that game
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`outcome with an image ID, and transmitted that image/video and game outcome to a remote
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`device; 2) a verification server coupled with a central gaming server to control access to gaming
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`activities; and, 3) an image and/or video delivery component that included relatively fast memory
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`to store and communicate media associated with recently generated game outcomes. These
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`unconventional centralized server-based elements allowed for a stable, secure, flexible, engaging
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`multiplayer-compatible online gaming experience for the user while minimizing the hardware,
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`storage, and network burdens and requirements on the user’s device. This combination of
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`desirable qualities was absent in prior art gaming systems, and providing popular features such as
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`progressive jackpots was made simpler and more flexible by the system of the patents in suit.
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`6.
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`The ‘229 patent contains the additional unconventional element of a paytable
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`module associated with the centralized gaming server, which allowed further advantages such as
`2
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`COMPLAINT
`4818-9333-3966, v. 3
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`the ability to change game outcome distributions and rewards for all connected devices with any
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`software updates on the device.
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`7.
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`The ‘407 patent contains the additional unconventional element of a transactional
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`system that credited funds from winning game outcomes to a user’s financial account, which
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`increases security of the system and reduced the amount of processing and network activity
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`required of the user’s device and its associated software.
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`8.
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`The ‘116 patent contains the additional unconventional elements of location
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`tracking of the user and providing rewards to the user for their historical play, which increase the
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`security of play and engagement of the user with the game.
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`9.
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`These are just exemplary reasons why the claimed inventions of the patents in suit
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`were not well-understood, routine, or conventional.
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`10.
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`The value and unconventional nature of the claimed inventions of the patents in suit
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`are further demonstrated by the fact that, despite being described nearly twenty years ago, it is
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`only in the last few years that online mobile gambling and social casino gaming have become
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`wide-spread. In those short recent years, however, both mobile casino gambling and social casino
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`gaming have become massive, multi-billion dollar industries.
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`PARTIES
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`11.
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`NEXRF Corp. is a Nevada corporation with a principal place of business at 9190
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`Double Diamond Pkwy, Reno, NV 89521.
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`12.
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`Defendant Playtika Ltd. is a limited company incorporated and existing under the
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`laws of Israel, with its principal place of business at 8 HaChoshlim Street, Herzliya 4672408,
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`Israel. Playtika Ltd. conducts business throughout Nevada and the United States.
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`13.
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`Defendant Playtika Holding Corp. is a corporation incorporated and existing under
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`the laws of Delaware, with its principal place of business at 2225 Village Walk Drive #240,
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`Henderson, Nevada 89052. Playtika Holding Corp. conducts business throughout Nevada and the
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`United States.
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`14.
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`Defendant Caesars Interactive Entertainment, LLC is a limited liability company
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`organized and existing under the laws of Delaware, with its principal place of business at One
`3
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`COMPLAINT
`4818-9333-3966, v. 3
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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 4 of 24
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`Caesars Palace Drive, Las Vegas, Nevada 89109. Caesars Interactive conducts business
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`throughout Nevada and the United States.
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`JURISDICTION AND VENUE
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`15.
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`This is a civil action seeking damages and injunctive relief for patent infringement
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`under the patent laws of the United States, Title 35 of the United States Code. This Court has
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`exclusive subject matter jurisdiction over this Complaint pursuant to 28 U.S.C. Sections 1331 and
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`1338(a).
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`16.
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`This Court has personal jurisdiction over Playtika Ltd. Playtika Ltd. directly and
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`through its agents regularly does, solicits, and transacts business in the State of Nevada, including
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`making available the Accused Games (defined below) and related conduct and transactions with
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`co-defendants Playtika Holding Corp. and CIE. Those acts have caused and continue to cause
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`injury to NEXRF.
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`17.
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`This Court has personal jurisdiction over defendants Playtika Holding Corp. and
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`CIE. Each of these entities has its principal place of business in Nevada, and directly and through
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`its agents regularly does, solicits, and transacts business in the State of Nevada. Those acts have
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`caused injury to NEXRF.
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`18.
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`Venue is proper in this District under 28 U.S.C. Sections 1391 and 1400(b).
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`Playtika Ltd. is a foreign corporation, and both Playtika Holding Corp and CIE have regular and
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`established places of business in this District. Playtika Holding Corp. has its principal place of
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`business at 2225 Village Walk Drive #240, Henderson, Nevada 89052. CIE has its principal place
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`of business at One Caesars Palace Drive, Las Vegas, Nevada 89109. Defendants have also
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`committed acts of infringement in this district by selling, using, and/or offering for sale the
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`Accused Games in this District.
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`JOINDER
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`19.
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`In 2011, CIE purchased Playtika Ltd.,1 and owned and operated Playtika Ltd. for
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`several years until it sold Playtika Ltd. to a Chinese entity, Giant Interactive Group.2 The 2016
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`1 Caesars Acquires Israel’s Playtika, Global Gaming Business, https://ggbmagazine.com/article/caesars-acquires-
`israels-playtika/ (last visited 10/20/2020).
`2 China's Giant leads consortium to buy Playtika for $4.4 billion, Game Beat,
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`4
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`COMPLAINT
`4818-9333-3966, v. 3
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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 5 of 24
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`sale of Playtika did not include the World Series of Poker game or the real-money online gaming
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`business.3
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`20.
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`Playtika has continued to operate CIE-branded games, such as Caesars Casino.4
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`The Caesars Rewards program is still associated with other Playtika games, such as Slotomania
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`and Bingo Blitz.5
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`21.
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`Playtika and CIE’s ongoing relationship relating to many of the Accused Games
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`means that the use of those same games amounts to a single transaction or occurrence as between
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`Defendants. Defendants have been and are acting in concert, and are liable jointly, severally, or
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`otherwise for a right to relief related to or arising out of the same transaction, occurrence, or series
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`of transactions or occurrences related to the making, using, importing into the United States,
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`offering for sale or selling the infringing products in this District. This action involves questions
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`of law and fact that are common to all Defendants.
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`22.
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`Joinder of all Defendants is proper under 35 U.S.C. Section 299(a)(1) & (2).
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`DEFENDANTS’ INFRINGEMENT OF NEXRF’S INTELLECTUAL PROPERTY
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`23.
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`The recent ubiquity of internet-connected personal devices combined with the
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`unprecedented consequences of the current global pandemic have created a perfect storm for online
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`Telephone: (775) 230-7364
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`real-money gambling and social free-to-play gaming.
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`24.
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`Online real-money gaming was recently legalized in a few states, and allows users
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`to wager real money in an online environment similar to a real casino. Online real-money games
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`are associated with a real casino and provide the closest virtual alternative to the physical play of
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`a slot machine in a casino. In the second quarter of 2020 alone, the online casino gambling games
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`market in the US generated over $400 million in revenue.6
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`25.
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`Despite the name, “free-to-play” social casino games are enormously lucrative.
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`https://venturebeat.com/2016/07/30/chinas-giant-leads-consortium-to-buy-playtika-for-4-4-billion/ (last visited
`10/20/2020).
`3 Id.
`4 Google Play Store page for Caesars Casino: Free Slots Games,
`https://play.google.com/store/apps/details?id=com.playtika.caesarscasino&hl=en_US (last visited 10/20/2020).
`5 Caesars Play Online, https://www.caesars.com/play (last visited 10/20/2020).
`6 Online poker and casino games have tripled their revenue from last year as real-world casinos shut their doors,
`Business Insider, https://www.businessinsider.com/online-poker-casino-games-business-triple-as-casinos-close-
`2020-8 (last visited 10/20/2020).
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`5
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`COMPLAINT
`4818-9333-3966, v. 3
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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 6 of 24
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`While the download of the game is free, thousands of “in-app” items range in price from a few
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`cents to hundreds of dollars. These in-app purchases are often subject to heavy discounts in flash
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`sales and are constantly presented to the player. Defendant Playtika alone generated $425 million
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`in revenue in the first quarter of 2020.7 Total revenue for the social casino market are projected to
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`be approximately $6 billion in 2020. Id.
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`26.
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`Defendants provided games in both the real-money and social categories. In the
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`real money category, Defendants have at least the Caesars Casino and Sports App. The Caesars
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`Casino and Sports App is made available to the public at least through the iOS App Store8 and the
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`Caesars Casino website.9 The Caesars Casino website includes instructions for the download,
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`installation, and account creation steps for the user.10
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`27.
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`The use, operation, and distribution of the Caesars Casino and Sports App is
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`representative of Defendants’ real money online slot games, which are collectively referred to as
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`the “Accused Gambling Games.” “Accused Gambling Games” includes the game application and
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`the infrastructure necessary to operate the game, such as game servers.
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`28.
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`In the social casino games category, Defendants are some of the leading game
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`publishers. Playtika claims over 280,000,000 installations of its Social Casino Games.11 CIE also
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`claims to be a “leading provider of social slots games for players on iOS and Android devices.”12
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`Exemplary social casino games from Defendants include Slotomania, Caesars Casino: Free Slots
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`Games, and Vegas Downtown Slots – Slot Machines & Word Games. The use, operation, and
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`distribution of these exemplar apps is representative of Defendants’ social casino slot games,
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`which are collectively referred to as the “Accused Social Games.” “Accused Social Games”
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`includes the game application and the infrastructure necessary to operate the game, such as game
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`servers. The Accused Gambling Games and the Accused Social Games are, collectively, the
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`7 No slots, no problem: Social gaming steps in to fill the empty space, CDC Gaming Reports,
`https://www.cdcgamingreports.com/commentaries/no-slots-no-problem-social-gaming-steps-in-to-fill-the-empty-
`space/ (last visited 10/20/2020).
`8 https://apps.apple.com/us/app/caesars-casino-sportsbook-nj/id876336616 (last visited 10/20/2020).
`9 https://www.caesarscasino.com/ (last visited 10/20/2020).
`10 https://www.caesarscasino.com/p/mobile-casino/ (last visited 10/20/2020).
`11 https://play.google.com/store/apps/dev?id=8370476508159322879&hl=en&gl=US (last visited 10/20/2020).
`12 https://www.caesarsgames.com/2018/08/30/can-you-win-real-money-on-slot-apps/ (last visited 10/20/2020).
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`COMPLAINT
`4818-9333-3966, v. 3
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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 7 of 24
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`“Accused Games.”
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,747,229
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`(Against all Defendants)
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`Paragraphs 1 through 28 are incorporated herein by reference.
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`U.S. Patent No. 8,747,229, titled “Gaming System Network and Method for
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`29.
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`30.
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`Delivering Gaming Media,” was duly and lawfully issued by the United States Patent and
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`Trademark Office on June 10, 2014. A true and correct copy of the ‘229 patent is attached as
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`Exhibit 1.
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`31.
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`NEXRF is the owner by assignment of all rights, title, and interest in the ‘229
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`patent, including the right to bring this suit for past and future damages and/or injunctive relief.
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`32.
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`33.
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`The ‘229 patent is valid and enforceable.
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`Defendants infringe one or more claims of the ‘229 patent, including but not limited
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`to claim 1, directly and/or indirectly via induced infringement and/or contributory infringement.
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`Defendants infringe the asserted claims of the ‘229 patent by making, using, importing, selling for
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`importation, and/or selling after importation into the United States at least the Accused Games in
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`violation of 35 U.S.C. Section 271(a)-(b). The Accused Games satisfy all limitations of the
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`asserted claims of the ‘229 patent at least when the respective game is made available for download
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`and play by a user, or after being installed by a user, or after being installed and played by a user.
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`34.
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`Defendants had actual knowledge of the ‘229 patent or were willfully blind to its
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`existence and their infringement no later than the filing of this action. Defendants’ ongoing
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`infringement is willful and deliberate, entitling NEXRF to enhanced damages.
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`35.
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`Defendants directly infringe the asserted claims of the ‘229 patent by making,
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`using, offering to sell, or selling the Accused Games in the United States in violation of 35 U.S.C.
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`Section 271(a). Claim 1 of the ‘229 patent is exemplary and recites:
`1. A gaming server system configured to communicate with at least one network
`access device communicatively coupled to a network, the gaming server system
`comprising:
`a verification system configured to access a registration database having a
`plurality of registration data associated with each registered user;
`a memory module configured to store a plurality of images corresponding to
`at least one game outcome that are communicated to the at least one network access
`device;
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`7
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`COMPLAINT
`4818-9333-3966, v. 3
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`

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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 8 of 24
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`a centralized gaming server communicatively coupled to each of the at least
`one network access device, the centralized gaming server configured to generate at
`least one random game outcome by random generation at the centralized gaming
`server;
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`a paytable module associated with the centralized gaming server, the
`paytable module configured to determine one or more prizes associated with a game
`outcome; and
`the centralized gaming server configured to access the memory module and
`communicate the plurality of images corresponding to the at least one random game
`outcome to the at least one network access device.
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`36.
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`37.
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`Defendants infringe claim 1 for at least the following reasons:
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`To the extent the preamble is limiting, the Accused Games comprise a gaming
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`server system configured
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`to communicate with at
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`least one network access device
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`communicatively coupled to a network.
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`38.
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`On information and belief, the Accused Games include a verification system
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`configured to access a registration database having a plurality of registration data associated with
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`each registered user. The Accused Games allow and/or require a user to register for a user account,
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`which includes the transmission of registration that may include the player’s name, user name,
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`password, Facebook account, and/or other registration data. The Accused Gambling Games also
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`require more substantive registration data to comply with online gambling regulations. The user
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`registration data is stored in a database in a verification system such that the registration data is
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`associated with the registered user.
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`39.
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`On information and belief, the Accused Games include a memory configured to
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`store a plurality of images corresponding to at least one game outcome that are communicated to
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`the at least one network access device. For example, the Accused Games display celebration
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`graphics and text and/or the display of the slot machine reels when the player achieves certain
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`winning outcomes, such as a winning slot machine spin. At least some of those images are
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`transmitted to the user device over normal internet protocols after the particular game is installed.
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`40.
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`On information and belief, the Accused Games include a centralized gaming server
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`communicatively coupled to each of the at least one network access device, the centralized gaming
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`server configured to generate at least one random game outcome by random generation at the
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`centralized gaming server. For example, the Accused Games include one or more servers that
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`players connect to in order to play the games, and which generate at least some game outcomes
`8
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`COMPLAINT
`4818-9333-3966, v. 3
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`

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`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 9 of 24
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`for players playing the game. These game outcomes are generated using a random number
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`generator (“RNG”). For the Accused Gambling Games, the RNG game outcome determination is
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`required by regulations to be conducted at a centralized server.
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`41.
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`On information and belief, the Accused Games include a paytable module
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`associated with the centralized gaming server, the paytable module configured to determine one
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`or more prizes associated with a game outcome. For example, each slot skin playable on an
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`Accused Game has a paytable, and those paytables can often be displayed to the user if the user
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`performs certain commands. These paytables comprise a matrix of game outcomes, such as slot
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`reel positions, and the resulting prize, such as a multiple of a bet, a jackpot, free spins, a bonus
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`game, or nothing.
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`42.
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`On information and belief, the centralized gaming server(s) of the Accused Games
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`are configured to access the memory module and communicate the plurality of images
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`corresponding to the at least one random game outcome to the at least one network access device.
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`For example, the mobile application for the particular Accused Game is first downloaded from the
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`appropriate mobile application store, such as the Apple App Store or Google Play. However, after
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`the mobile app is downloaded and installed, additional graphical assets are downloaded for display
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`to the player, including some that are downloaded contemporaneously with play. At least some of
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`these post-install graphical assets are communicated to the user device from the centralized gaming
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`server(s).NEXRF has and continues to be damaged by the Defendants’ infringement of the ‘229
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`patent.
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`43.
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`44.
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`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 8,506,406
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`(Against all Defendants)
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`Paragraphs 1 through 42 are incorporated herein by reference.
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`U.S. Patent No. 8,506,406, titled “Network Access Device and Method to Run a
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`Game Application,” was duly and lawfully issued by the United States Patent and Trademark
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`Office on August 13, 2013. A true and correct copy of the ‘406 patent is attached as Exhibit 2.
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`45.
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`NEXRF is the owner by assignment of all rights, title, and interest in the ‘406
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`patent, including the right to bring this suit for past and future damages and/or injunctive relief.
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`9
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`COMPLAINT
`4818-9333-3966, v. 3
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`

`

`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 10 of 24
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`46.
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`47.
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`The ‘406 patent is valid and enforceable.
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`Defendants infringe one or more claims of the ‘406 patent, including but not limited
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`to claim 1, directly and/or indirectly via induced infringement and/or contributory infringement.
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`Defendants infringe the asserted claims of the ‘406 patent by making, using, importing, selling for
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`importation, and/or selling after importation into the United States at least the Accused Games in
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`violation of 35 U.S.C. Section 271(a)-(b). The Accused Games satisfy all limitations of the
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`asserted claims of the ‘406 patent at least when the respective game is made available for download
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`and play by a user, or after being installed by a user, or after being installed and played by a user.
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`48.
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`Defendants had actual knowledge of the ‘406 patent or were willfully blind to its
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`existence and their infringement no later than the filing of this action. Defendants’ ongoing
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`infringement is willful and deliberate, entitling NEXRF to enhanced damages.
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`49.
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`Defendants directly infringe the asserted claims of the ‘406 patent by making,
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`using, offering to sell, or selling the Accused Games in the United States in violation of 35 U.S.C.
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`Section 271(a). Defendants directly infringe the asserted claims of the ‘406 patent, at minimum,
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`through use of the system for testing. Claim 1 of the ‘406 patent is exemplary and recites:
`1. A system to run a gaming application on a network access device, comprising:
`the network access device; and
`a remote gaming system including a verification system;
`the network access device configured to transmit user identification information
`and security information to the verification system;
`the network access device configured to receive an acknowledgement from the
`verification system indicating that the user identification information and security
`information are valid;
`the network access device configured to receive a game input from a user of the
`network access device and transmit the game input to the remote gaming system;
`the remote gaming system configured to receive the game input and generate a
`random game output, the remote gaming system further configured to associate an image
`ID with the random game output and select one or more images associated with the image
`ID for encoding and broadcasting to the network access device;
`the network access device configured to receive a plurality of broadcast images
`generated by the remote gaming system.
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`50.
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`51.
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`Defendants infringe claim 1 for at least the following reasons:
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`To the extent the preamble is limiting, the Accused Games as operated include a
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`system to run a gaming application on a network access device.
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`52.
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`On information and belief, the Accused Games, in operation, include a network
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`access device such as a phone or laptop.
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`COMPLAINT
`4818-9333-3966, v. 3
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`

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`53.
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`On information and belief, the Accused Games include a remote gaming system
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`including a verification system. For example, the Accused Games allow and/or require a user to
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`register for a user account and log into a central gaming server system in order to play the games.
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`54.
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`On information and belief, the Accused Games include that the network access
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`device is configured to transmit user identification information and security information to the
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`verification system. For example, the Accused Games when operated on a user device collect and
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`transmit registration data that may include the player’s name, user name, password, and other
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`registration data to the verification system.
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`55.
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`On information and belief, the Accused Games include that the network access
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`device is configured to receive an acknowledgement from the verification system indicating that
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`the user identification information and security information are valid. For example, the
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`verification system of the central gaming server system sends a message to the Accused Game
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`application running on a user device that the login information is verified, and the login is allowed
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`to complete and the user to play the game.
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`56.
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`On information and belief, the Accused Games include that the network access
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`device is configured to receive a game input from the user and transmit the game input to the
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`remote gaming system. For example, an Accused Game on a user device will receive an input,
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`such as a touch input, of a user selecting an action, such as touching or clicking the spin button in
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`the game. This input is then transmitted by the Accused Game application to the remote gaming
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`server system and the inputted command is executed, such as by initiating the play of the game.
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`57.
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`On information and belief, the Accused Games include that the remote gaming
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`system is configured to receive the game input and generate a random game output, the remote
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`gaming system further configured to associate an image ID with the random game output and
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`select one or more images associated with the image ID for encoding and broadcasting to the
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`network access device. For example, the Accused Games include one or more servers that players
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`connect to in order to play the games, and which generate at least some game outcomes for players
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`playing the game. These game outcomes will be generated after the player initiates play, which is
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`communicated to the gaming server from the Accused Game application running on the user
`11
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`COMPLAINT
`4818-9333-3966, v. 3
`
`

`

`Case 3:20-cv-00603-MMD-CLB Document 1 Filed 10/26/20 Page 12 of 24
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`device. These game outcomes are generated using a RNG. For the Accused Gambling Games,
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`the RNG game outcome determination is required by regulations to be conducted at a centralized
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`server. The central gaming server system further associates the generated game outcome with an
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`image ID, such as a celebratory graphic for a winning spin, or the icons on the virtual slot reels.
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`These images are then encoded and transmitted to the user device over the internet.
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`58.
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`On information and belief, the Accused Games include that the network access
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`device is configured to receive a plurality of broadcast images generated by the remote gaming
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`system. The Accused Game application running on the user device includes instructions sufficient
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`for the user device to be configured to receive the broadcast images from the central gaming server
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`system and display one or more of those images to the user.
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`59.
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`Defendants directly infringe the asserted claims of the ‘406 patent because they use
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`the system as a whole and put it into service. Defendants or their agents supply every component
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`of the system except the user device, to the extent that is a required element of an asserted claim.
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`Further, Defendants’ applications on a user device control all claimed components, configurations,
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`functions, and processes, which constitutes sufficient control over the user device.
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`60.
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`In addition, Defendants are vicariously liable for the actions of its customers
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`
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`Telephone: (775) 230-7364
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`Palo Alto, CA 94301
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`530 Lytton Avenue, Second Floor
`FISHERBROYLES, LLP
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`because the only action required of a user is to play the Accused Game. Defendants condition the
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`benefits of playing the game upon th