Case 1:12-cv-01461-LPS Document 1 Filed 11/13/12 Page 1 of 5 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Case No.
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`JURY TRIAL DEMANDED
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`PRINCETON DIGITAL IMAGE CORPORATION,
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` Plaintiff,
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` v.
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`HARMONIX MUSIC SYSTEMS, INC. and
`ELECTRONIC ARTS, INC.,
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` Defendants.
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`COMPLAINT
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`Princeton Digital Image Corporation (hereinafter referred to as “Plaintiff” or “PDIC”)
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`demands a jury trial and complains against the Defendants as follows:
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`THE PARTIES
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`1.
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`2.
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`PDIC is a corporation organized and existing under the laws of the State of Texas.
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`Upon information and belief, Harmonix Music Systems, Inc. (“HMSI”) is a
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`corporation organized and existing under the laws of the State of Delaware conducting business in
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`this district.
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`3.
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`Upon information and belief, Electronic Arts Inc. (“EAI”) is a corporation organized
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`and existing under the laws of the State of Delaware conducting business in this district.
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`Defendants EAI and HMSI are referred to herein collectively as “Defendants.”
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States of America, Title 35 of
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`the United States Code. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331 and
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`1338(a).
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`Harmonix Exhibit 1002
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`5.
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`Upon information and belief, each of the Defendants is doing business and
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`committing infringements in this judicial district, and each is subject to personal jurisdiction in this
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`judicial district.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`THE PATENT
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`7.
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`Plaintiff PDIC repeats and incorporates herein the entirety of the allegations
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`contained in paragraphs 1 through 6 above.
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`8.
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`On April 30, 1996, U.S. Patent No. 5,513,129 (hereinafter referred to as “the ‘129
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`patent”) was duly and legally issued for an invention entitled “METHOD AND SYSTEM FOR
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`CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT IN RESPONSE TO
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`AUDIO SIGNALS.” By assignment, dated December 14, 2011, PDIC became the owner of all
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`right, title and interest in the ‘129 patent, including the right to receive royalties for past
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`infringements thereof. The ‘129 patent relates generally to allowing the control of a virtual
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`environment in response to a music signal. A copy of the ‘129 patent is attached hereto as
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`Exhibit 1.
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`9.
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`FIRST CAUSE OF ACTION
`Claim For Patent Infringment
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`Plaintiff PDIC repeats and incorporates herein the entirety of the allegations
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`contained in paragraphs 1 through 8 above.
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`10.
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`Defendant EAI is a publisher and distributor of electronic games that allow the
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`control of a virtual environment in response to a music signal, including at least a game known
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`commercially as Rock Band.
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`11.
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`Defendant HMSI is a developer of electronic games that allow the control of a
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`virtual environment in response to a music signal, including at least the Rock Band game.
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`Defendant EAI provided development assistance to Defendant HMSI with respect to various
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`electronic games, including at least the Rock Band game.
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`12.
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`Defendants each infringe one or more claims of the ‘129 patent directly through their
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`developing, making, using, offering for sale and/or selling of at least the Rock Band game, and/or
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`indirectly by inducing infringement of the ‘129 patent by end users of at least the Rock Band game,
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`and/or by contributing to infringement of the ‘129 patent through their offering for sale and/or
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`selling of at least the Rock Band game.
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`13.
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`Because of the relationship between Defendant EAI and Defendant HMSI with
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`respect to at least development, publication, and distribution, of the Rock Band game, Defendants’
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`infringements of the ‘129 patent arise out of the same transaction or series of transactions, and
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`involve common issues of fact.
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`14.
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`Defendants are liable for infringement of the ‘129 patent with respect to at least the
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`Rock Band game. It is anticipated that discovery will reveal other products developed, made, used,
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`offered for sale and/or sold by Defendants, which infringe one or more claims of the ‘129 patent.
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`15.
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`Plaintiff has been damaged by each of the Defendants’ infringements of the ‘129
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`patent, and will be irreparably harmed unless such infringing activities are enjoined by this Court.
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`16. Upon information and belief, one or more of the Defendants have been aware of the
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`‘129 patent since at least about March 30, 2009, and their infringement has been willful since at
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`least that date. On or about that date, the ‘129 patent was cited by the patent examiner against one
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`of HMSI’ patent applications relating to the Rock Band game. Since at least that time, one or both
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`Defendants have known of the ‘129 patent, and continued to induce performance of the steps of the
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`methods claimed in the ‘129 patent, and those steps were in fact performed.
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`WHEREFORE, the Plaintiff PDIC prays for judgment against each one of the Defendants
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`on all the counts and for the following relief:
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`A.
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`A declaration that the Plaintiff is the owner of the ‘129 patent, and that the Plaintiff
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`has the right to sue and to recover for infringement thereof;
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`B.
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`C.
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`A declaration that the ‘129 patent is valid and enforceable;
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`A declaration that each of the Defendants has infringed the ‘129 patent, and that such
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`infringement was willful;
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`D.
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`Preliminary and permanent injunctions against each of the Defendants, their officers,
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`agents, servants, employees and attorneys, all parent and subsidiary corporations, their assigns and
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`successors in interest, and those persons acting in active concert or participation with them,
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`including distributors and customers, enjoining them from continuing acts of infringement of the
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`‘129 patent;
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`E.
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`An accounting for damages under 35 U.S.C. §284 from each of the Defendants for
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`its respective infringement of the ‘129 patent, and an award of damages ascertained against each of
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`the Defendants in favor of Plaintiff PDIC, together with interest as provided by law;
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`F.
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`G.
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`An award of the Plaintiff’s attorneys’ fees and costs; and
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`Such other and further relief as this Court may deem proper, just and equitable.
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`JURY DEMAND
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`Plaintiff PDIC demands a trial by jury of all issues properly triable by jury in this action.
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`Dated: November 13, 2012
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`Respectfully submitted,
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`O’KELLY ERNST & BIELLI, LLC
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`/s/ Sean T. O’Kelly
`Sean T. O’Kelly (No. 4349)
`901 N. Market Street, Suite 1000
`Wilmington, Delaware 19801
`(302) 778-4000
`(302) 295-2873 (facsimile)
`sokelly@oeblegal.com
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`Attorneys for Plaintiff Princeton
`Digital Image Corporation
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