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`Plaintiff,
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`v.
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`RELOADED GAMES, INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`C.A. No. __________
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`JURY TRIAL DEMANDED
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`PARALLEL NETWORKS, LLC,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Parallel Networks, LLC (“Parallel”) files this Complaint for patent infringement
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`against Defendant Reloaded Games, Inc. (“Reloaded” or “Defendant”) and alleges as follows:
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`PARTIES
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`1.
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`Plaintiff Parallel Networks, LLC is a Delaware limited liability company having
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`its principal place of business at 1105 N. Market St., Suite 300, Wilmington, Delaware 19801.
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`2.
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`On information and belief, Reloaded Games, Inc. is a corporation organized
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`under the laws of the State of California, and has a principal place of business at 6440 Oak
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`Canyon, Ste. 200, Irvine, California 92618, and/or is conducting business through an affiliate
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`located at this address.
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`JURISDICTION AND VENUE
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`3.
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`This civil action for patent infringement arises under the Patent Laws of the
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`United States, 35 U.S.C. §§ 1 et seq. This Court has jurisdiction over the claims presented herein
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`On information and belief, Reloaded makes, imports, sells, and/or offers for sale
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`the Accused Products (as defined below) within the United States, including this District, that
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`infringe one or more claims of United States Patent No. 7,188,145 entitled “METHOD AND
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`SYSTEM FOR DYNAMIC DISTRIBUTED DATA CACHING” (the “'145 Patent”). The '145
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`Patent was duly and legally issued by the United States Patent and Trademark Office on March
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`6, 2007. A true and correct copy of the '145 Patent is attached hereto as Exhibit 1.
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`5.
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`On information and belief, Reloaded makes, imports, sells, and/or offers for sale
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`the Accused Products (as defined below) within the United States, including this District, that
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`infringe one or more claims of United States Patent No. 7,730,262 entitled “METHOD AND
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`SYSTEM FOR DYNAMIC DISTRIBUTED DATA CACHING” (the “'262 Patent”). The '262
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`Patent was duly and legally issued by the United States Patent and Trademark Office on June 1,
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`2010. A true and correct copy of the '262 Patent is attached hereto as Exhibit 2.
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`6.
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`The '145 Patent and '262 Patent are collectively referred to herein as the
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`“Asserted Patents.”
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`7.
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`On information and belief, Defendant Reloaded is engaged in the business of
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`developing and publishing video games, including but not limited to APB Reloaded, Fallen
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`Earth, Super MNC, Taikodom, and World of Battles. On information and belief, Reloaded’s
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`games are free-to-play, however Reloaded derives revenue from the sale of “G1 Credits,” a
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`virtual currency that Reloaded customers use to purchase in-game enhancements through the
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`GamersFirst Marketplace. G1 Credits are sold through a Reloaded Games website at
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`http://www.gamersfirst.com/marketplace/get_g1c.php. On information and belief, Reloaded
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`Games markets games to users in the United States, and within this District. On information
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`and belief, Reloaded Games markets and sells G1 Credits in the United States, and within
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`this District. Reloaded Games markets and distributes games through a website
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`http://www.gamersfirst.com/index.php. Reloaded customers, including customers within
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`this District, download Reloaded games through Reloaded’s interactive website
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`http://www.gamersfirst.com. Reloaded customers, including customers within this District,
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`purchase G1 Credits through Reloaded’s interactive website
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`http://www.gamersfirst.com/marketplace/get_g1c.php.
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`8.
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`On information and belief, Reloaded contracts with Pando Networks, Inc., a
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`Delaware corporation, which, on information and belief, provides peer-to-peer content
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`distribution services to Reloaded in connection with the Accused Products
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`9.
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`Reloaded is a foreign corporation transacting business within the state of
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`Delaware; is causing tortious injury by committing all or part of the tortious acts described herein
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`within the State of Delaware; and/or is causing tortious injury in the State of Delaware by
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`committing all or part of the tortious acts or omissions described herein outside the state of
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`Delaware; and/or is causing tortious injury by committing all or part of the tortious acts or
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`omissions described herein outside the state of Delaware while regularly conducting or
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`soliciting business or deriving revenue from goods used or consumed or services rendered within
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`the State of Delaware. Therefore, this Court has personal jurisdiction over Reloaded under the
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`Delaware long-arm statute, DEL. CODE. ANN. TIT. 3, § 3104. Reloaded has transacted and
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`continues to transact business in this District, and has committed acts of patent infringement in
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`this District.
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`10.
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`On information and belief, Reloaded directly and/or indirectly imports,
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`manufactures, uses, offers for sale, and/or sells the Accused Products (as defined below) within
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`the United States, including this District, that infringe one or more claims of the Asserted
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`Patents.
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`11.
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`Venue is proper in this District pursuant to 28 U.S.C. §§ 1400(b) and 1391(c).
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`GENERAL ALLEGATIONS
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`12.
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`Parallel is the owner by assignment of all rights, title, and interests in the
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`Asserted Patents, and is entitled to sue for past and future infringement thereof.
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`13.
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`On information and belief, Reloaded is engaged in the business of developing
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`and distributing videogames, including but not limited to APB Reloaded, Fallen Earth, Super
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`MNC, Taikodom, and World of Battles. On Information and belief, Reloaded sells and/or
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`distributes installers, such as but not limited to the “APB_GamersFirst_LIVE!_Setup_EN.exe,”
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`“FallenEarth_GamersFirst_LIVE!_EN.exe,” SMNC_GamersFirst_LIVE!_EN.exe,”
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`Taikodom_GamersFirst_LIVE!_EN.exe,” and WorldOfBattles_GamersFirst_LIVE!_EN.exe”
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`installers (the “APB_GamersFirst_LIVE!_Setup_EN.exe” installer and all similar installers,
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`downloaders and/or launchers are referred to herein as the “Accused Products”), that are
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`downloaded by an end-user from a Reloaded website, such as at
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`http://www.gamersfirst.com/download/, through or by which Reloaded distributes its games.
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`FIRST CLAIM FOR RELIEF
`(Infringement of the '145 Patent)
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`14.
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`15.
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`Parallel incorporates paragraphs 1 through 13 as though fully set forth herein.
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`Upon information and belief, Defendant Reloaded has been and now is directly
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`and/or indirectly infringing one or more claims of the '145 Patent by (1) making, importing,
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`using, offering for sale, and/or selling the patented inventions, (2) by actively inducing others to
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`use the patented inventions, or (3) by contributing to the use of the patented inventions in the
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`United States.
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`16.
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`More particularly, without limitation, Reloaded is now directly infringing one or
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`more claims of the '145 Patent by making, importing, using (including use for testing purposes),
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`offering for sale, and/or selling the Accused Products, all in violation of 35 U.S.C. § 271(a). The
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`Accused Products provide a system for dynamic distributed data caching. More particularly, the
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`Accused Products cache data on the computers of Reloaded customers. This cached data is
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`served to other Reloaded customers in the peer-to-peer group.
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`17.
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`In addition and/or in the alternative, Reloaded has been and/or now is indirectly
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`infringing one or more claims of the Asserted Patents by (1) inducing customers to use the
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`Accused Products to directly infringe one or more claims of the Asserted Patents in violation of
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`35 U.S.C. § 271(b), and/or by (2) contributing to customers’ direct infringement of one or more
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`claims of the Asserted Patents by their use of the Accused Products in violation of 35 U.S.C.
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`§ 271(c). The Accused Products perform the distributed data caching described and claimed in
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`the Asserted Patents, and Reloaded has engaged in indirect infringement by its post-complaint
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`conduct of providing its customers with the infringing Accused Products in order to enable those
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`customers to use the Accused Products.
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`18.
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`By way of example, and not as a limitation, Reloaded induces and/or contributes
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`to such infringement by at least making its website available to customers and providing links
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`and/or other directions on its website and/or the internet for users to download and use the
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`Accused Products. Reloaded engages in such activities knowingly and, at least from the time of
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`receipt of the present Complaint, has done so with the knowledge that such activities induce
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`customers to directly infringe the Asserted Patents. In addition, or, in the alternative, Reloaded
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`engages in such activities knowingly, and, at least from the time of receipt of the present
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`Complaint, has sold or distributed the Accused Products knowing that such Accused Products are
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`especially made or adapted for use by its customers in an infringing use of one or more claims of
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`the Accused Products. On information and belief, Reloaded customers download an installer or
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`downloader that is associated with one particular Reloaded game and, when the customer runs
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`the infringing Accused Product, the game is downloaded to the customer’s computer by way of
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`dynamic distributed data caching, as described and claimed in the Asserted Patents. Thus,
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`Reloaded customers, by using the Accused Products, directly infringe the claimed methods of the
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`Asserted Patents. On information and belief, the Accused Products do not have any substantial
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`non-infringing uses.
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`19.
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`Parallel has been damaged by the infringing activities of Reloaded, and will be
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`irreparably harmed unless those infringing activities are preliminarily and permanently enjoined
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`by this Court. Parallel does not have an adequate remedy at law.
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`20.
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`By the filing of this action, Reloaded has been given actual notice of the
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`existence of the '145 Patent. Despite such notice, Reloaded continues in acts of infringement
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`without regard to the '145 Patent, and will likely continue to do so unless otherwise enjoined by
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`this Court. Parallel is not seeking damages against Reloaded for indirect infringement for the
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`period prior to the filing of this Complaint.
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`SECOND CLAIM FOR RELIEF
`(Infringement of the '262 Patent)
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`21.
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`22.
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`Parallel incorporates paragraphs 1 through 13 as though fully set forth herein.
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`Upon information and belief, Defendant Reloaded has been and now is directly
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`and/or indirectly infringing one or more claims of the '262 Patent by (1) making, importing,
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`using, offering for sale, and/or selling the patented inventions, (2) by actively inducing others to
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`use the patented inventions, or (3) by contributing to the use of the patented inventions in the
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`United States.
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`23.
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`More particularly, without limitation, Reloaded is now directly infringing one or
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`more claims of the '262 Patent by making, importing, using, offering for sale, and/or selling the
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`Accused Products, all in violation of 35 U.S.C. § 271(a).
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`24.
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`In addition and/or in the alternative, Reloaded has been and/or now is indirectly
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`infringing one or more claims of the Asserted Patents by (1) inducing customers to use the
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`Accused Products to directly infringe one or more claims of the Asserted Patents in violation of
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`35 U.S.C. § 271(b), and/or by (2) contributing to customers’ direct infringement of one or more
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`claims of the Asserted Patents by their use of the Accused Products in violation of 35 U.S.C.
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`§ 271(c). The Accused Products perform the distributed data caching described and claimed in
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`the Asserted Patents, and Reloaded has engaged in indirect infringement by its post-complaint
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`conduct of providing its customers with the infringing Accused Products in order to enable those
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`customers to use the Accused Products.
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`25.
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`By way of example, and not as a limitation, Reloaded induces and/or contributes
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`to such infringement by at least making its website available to customers and providing links
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`and/or other directions on its website and/or the internet for users to download and use the
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`Accused Products. Reloaded engages in such activities knowingly and, at least from the time of
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`receipt of the present Complaint, has done so with the knowledge that such activities induce
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`customers to directly infringe the Asserted Patents. In addition, or, in the alternative, Reloaded
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`engages in such activities knowingly, and, at least from the time of receipt of the present
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`Complaint, has sold or distributed the Accused Products knowing that such Accused Products are
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`especially made or adapted for use by its customers in an infringing use of one or more claims of
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`the Accused Products. On information and belief, Reloaded customers download an installer or
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`downloader that is associated with one particular Reloaded game and, when the customer runs
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`the infringing Accused Product, the game is downloaded to the customer’s computer by way of
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`dynamic distributed data caching, as described and claimed in the Asserted Patents. Thus,
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`Reloaded customers, by using the Accused Products, directly infringe the claimed methods of the
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`Asserted Patents. On information and belief, the Accused Products do not have any substantial
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`non-infringing uses.
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`26.
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`Parallel has been damaged by the infringing activities of Reloaded, and will be
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`irreparably harmed unless those infringing activities are preliminarily and permanently enjoined
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`by this Court. Parallel does not have an adequate remedy at law.
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`27.
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`By the filing of this action, Reloaded has been given actual notice of the
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`existence of the ‘262 Patent. Despite such notice, Reloaded continues in acts of infringement
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`without regard to the ‘262 Patent, and will likely continue to do so unless otherwise enjoined by
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`this Court.
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`REQUEST FOR RELIEF
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`WHEREFORE, Parallel requests the following relief:
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`(a)
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`A judgment in favor of Parallel that Reloaded has directly infringed, and/or has
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`indirectly infringed by way of inducement and/or contributory infringement, one or more claims
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`of the Asserted Patents;
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`(b)
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`A judgment that Parallel has been irreparably harmed by the infringing activities
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`of Reloaded and is likely to continue to be irreparably harmed by Defendant’s continued
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`infringement;
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`(c)
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`Preliminary and permanent injunctions prohibiting Reloaded and its officers,
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`agents, servants, employees and those persons in active concert or participation with any of
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`them, as well as all successors or assignees of the interests or assets related to the Accused
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`Products, from further infringement, direct and indirect, of the Asserted Patents;
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`(d)
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`A judgment and order requiring Reloaded to pay Parallel damages adequate to
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`compensate for infringement under 35 U.S.C. § 284, which damages may include lost profits but
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`in no event shall be less than a reasonable royalty for the use made of the inventions of the
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`Asserted Patents, including pre- and post-judgment interest and costs, including expenses and
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`disbursements; and
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`(e)
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`Any and all such further necessary or proper relief as this Court may deem just.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Parallel hereby demands
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`a trial by jury of all issues so triable.
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`
`/s/ Monté T. Squire
`Adam W. Poff (No. 3990)
`Monté T. Squire (No. 4764)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`msquire@ycst.com
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`
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`Attorneys for Plaintiff Parallel Networks, LLC
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`OF COUNSEL
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`BUETHER JOE & CARPENTER, LLC
`Brian A. Carpenter
`Eric W. Buether
`Christopher M. Joe
`Michael D. Ricketts
`1700 Pacific Avenue
`Suite 4750
`Dallas, Texas 75201
`(214) 446-1273
`Eric.Buether@BJCIPlaw.com
`Brian.Carpenter@BJCIPlaw.com
`Chris.Joe@BJCIPlaw.com
`Mickey.Ricketts@BJCIPlaw.com
`
` Dated: May 9, 2013
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`01:13599203.1
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