Case 1:13-cv-00335-LPS-CJB Document 1 Filed 02/27/13 Page 1 of 4 PageID #: 1
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`
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`Princeton Digital Image Corporation
`
`Case No.
`
`JURY TRIAL DEMANDED
`
` Plaintiff,
`
`
`
` v.
`
`
`
`Ubisoft Entertainment SA,
`
`
`
`
`
`
`
`
`
`
`
` Defendant.
`
`
`COMPLAINT
`
`Princeton Digital Image Corporation (hereinafter referred to as “Plaintiff” or “PDIC”)
`
`demands a jury trial and complains against the Defendant as follows:
`
`THE PARTIES
`
`1.
`
`PDIC is a corporation organized and existing under the laws of the State of
`
`Texas.
`
`2.
`
`Upon information and belief, defendant Ubisoft Entertainment SA is a French
`
`corporation with a principal place of business at 28 rue Armand Carrel, Montreuil, 93100, France
`
`(Ubisoft).
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States of America, Title 35
`
`of the United States Code. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`4.
`
`Upon information and belief, Ubisoft is doing business and committing
`
`infringements in this judicial district, and is subject to personal jurisdiction in this judicial
`
`district.
`
`
`
`
`
`PETITIONERS EX. 1011 Page 1
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`Princeton Digital Image Corporation
`
`Case No.
`
`JURY TRIAL DEMANDED
`
` Plaintiff,
`
`
`
` v.
`
`
`
`Ubisoft Entertainment SA,
`
`
`
`
`
`
`
`
`
`
`
` Defendant.
`
`
`COMPLAINT
`
`Princeton Digital Image Corporation (hereinafter referred to as “Plaintiff” or “PDIC”)
`
`demands a jury trial and complains against the Defendant as follows:
`
`THE PARTIES
`
`1.
`
`PDIC is a corporation organized and existing under the laws of the State of
`
`Texas.
`
`2.
`
`Upon information and belief, defendant Ubisoft Entertainment SA is a French
`
`corporation with a principal place of business at 28 rue Armand Carrel, Montreuil, 93100, France
`
`(Ubisoft).
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the patent laws of the United States of America, Title 35
`
`of the United States Code. This Court has jurisdiction of this action under 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`4.
`
`Upon information and belief, Ubisoft is doing business and committing
`
`infringements in this judicial district, and is subject to personal jurisdiction in this judicial
`
`district.
`
`
`
`
`
`PETITIONERS EX. 1011 Page 1
`
`
`
`Case 1:13-cv-00335-LPS-CJB Document 1 Filed 02/27/13 Page 2 of 4 PageID #: 2
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`
`
`5.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b).
`
`THE PATENT
`
`6.
`
`Plaintiff PDIC repeats and incorporates herein the entirety of the allegations
`
`contained in paragraphs 1 through 5 above.
`
`7.
`
`On April 30, 1996, U.S. Patent No. 5,513,129 (hereinafter referred to as “the
`
`‘129 patent”) was duly and legally issued for an invention entitled “METHOD AND SYSTEM
`
`FOR CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT
`
`IN
`
`RESPONSE TO AUDIO SIGNALS.” By assignment, dated December 14, 2011, PDIC became
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`the owner of all right, title and interest in the ‘129 patent, including the right to receive royalties
`
`for past infringements thereof. The ‘129 patent relates generally to allowing the control of a
`
`virtual environment in response to a music signal. A copy of the ‘129 patent is attached hereto
`
`as Exhibit 1.
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`CLAIM FOR PATENT INFRINGEMENT
`COUNT ONE
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`8.
`
`Plaintiff PDIC repeats and incorporates herein the entirety of the allegations
`
`contained in paragraphs 1 through 7 above.
`
`9.
`
`Ubisoft is the developer, distributor and/or publisher of various games that allow
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`the control of a virtual environment in response to a music signal, including at least games
`
`known commercially as Just Dance, Just Dance2, Just Dance3, Just Dance 4 and Just Dance
`
`Summer Party.
`
`10.
`
`Ubisoft has infringed and continues to infringe one or more claims of the ‘129
`
`patent directly under 35 USC 271(a) through its developing, making, using, offering for sale
`
`and/or selling of at least the foregoing mentioned games. Additionally, PDIC believes that
`
`
`
`2
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`
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`PETITIONERS EX. 1011 Page 2
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`
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`Case 1:13-cv-00335-LPS-CJB Document 1 Filed 02/27/13 Page 3 of 4 PageID #: 3
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`
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`discovery may reveal Ubisoft infringing one or more claims of the ‘129 patent by developing,
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`making, using, offering for sale, and/or selling one or more other games, such as, at least, the
`
`
`
`game known commercially as Rocksmith.
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`11.
`
`It is anticipated that discovery may reveal still other products developed, made,
`
`used, offered for sale and/or sold by Ubisoft that infringe one or more claims of the ‘129 patent,
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`and that other activities of Ubisoft may contribute to or induce infringement of one or more
`
`claims of the ‘129 patent.
`
`12.
`
`Plaintiff has been damaged by Ubisoft infringements of the ‘129 patent, and will
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`be irreparably harmed unless such infringing activities are enjoined by this Court.
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`PRAYER FOR RELIEF
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`WHEREFORE, the Plaintiff PDIC prays for judgment against Ubisoft on all the counts
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`and for the following relief:
`
`A.
`
`A declaration that the Plaintiff is the owner of the ‘129 patent, and that the
`
`Plaintiff has the right to sue and to recover for infringement thereof;
`
`B.
`
`C.
`
`D.
`
`A declaration that the ‘129 patent is valid and enforceable;
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`A declaration that the Ubisoft has infringed the ‘129 patent;
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`Preliminary and permanent injunctions against Ubisoft, it’s officers, agents,
`
`servants, employees and attorneys, all parent and subsidiary corporations, their assigns and
`
`successors in interest, and those persons acting in active concert or participation with them,
`
`including distributors and customers, enjoining them from continuing acts of infringement of the
`
`‘129 patent;
`
`E.
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`An accounting for damages under 35 U.S.C. §284, together with interest as
`
`provided by law;
`
`
`
`3
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`PETITIONERS EX. 1011 Page 3
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`
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`Case 1:13-cv-00335-LPS-CJB Document 1 Filed 02/27/13 Page 4 of 4 PageID #: 4
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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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`DEMAND FOR JURY TRIAL
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`F.
`
`G.
`
`
`
`
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`Plaintiff PDIC demands a trial by jury of all issues properly triable by jury in this action.
`
` Respectfully submitted,
`
`
`
`
`
`O’KELLY ERNST & BIELLI, LLC
`
`
`/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
`
`Attorneys for Plaintiff Princeton
`Digital Image Corporation
`
`
`
`
`
`Dated: February 27, 2013
`
`
`
`
`
`4
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`PETITIONERS EX. 1011 Page 4
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