Case 2:13-cv-00764-JRG Document 1 Filed 09/26/13 Page 1 of 5 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISON
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`Civil Action No. 2:13-cv-00764
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`JURY TRIAL DEMANDED
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`Babbage Holdings, LLC,
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` Plaintiff,
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` v.
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`Take-Two Interactive Software, Inc.,
`Rockstar Games, Inc., 2KSports, Inc. and
`2K Games, Inc.,
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` Defendants.
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`COMPLAINT
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`Babbage Holdings, LLC (“Babbage”) files this Complaint against Take-Two Interactive
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`Software, Inc., Rockstar Games, Inc., 2KSports, Inc. and 2K Games, Inc. (collectively,
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`“Defendants”), and alleges as follows: 
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`PARTIES
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`1.
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`Babbage is a limited liability company existing under the laws of the State of
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`Texas, with its principal place of business at 3100 Independence Pkwy, Suite 311, Plano, Texas.
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`2.
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`Defendant Take-Two Interactive Software, Inc. is a Delaware corporation with its
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`principal place of business in New York City, New York. Defendant Rockstar Games, Inc. is a
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`Delaware corporation with its principal place of business in New York City, New York.
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`Defendant 2KSports, Inc. is a Delaware corporation with its principal place of business in New
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`York City, New York. Defendant 2K Games, Inc. is a Delaware corporation with its principal
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`place of business in New York City, New York.
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`1
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`Petitioners Ex. 1017 Page 1
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`Case 2:13-cv-00764-JRG Document 1 Filed 09/26/13 Page 2 of 5 PageID #: 2
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`JURISDICTION AND VENUE
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`3.
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`This Court has jurisdiction because this is a patent infringement case arising under
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`the patent laws of the United States Code, Title 35. This Court has exclusive subject matter
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`jurisdiction over this case under 28 U.S.C. § 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendants. Defendants have conducted
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`and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
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`or intermediaries, offer for sale, use, make, distribute, sell, advertise, and market accused video
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`games in the State of Texas, and the Eastern District of Texas. Defendants have voluntarily sold
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`accused products in this District, either directly to customers in this District or through
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`intermediaries with the expectation that accused video games will be sold and distributed to
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`customers in this District. These accused video games have been and continue to be purchased
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`and used by consumers in the Eastern District of Texas. Defendants have committed acts of
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`infringement within the State of Texas and, more particularly, within the Eastern District of
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`Texas.
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`5.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b)-(c)
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`and 1400(b).
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`6.
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`herein.
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`COUNT I
`(PATENT INFRINGEMENT)
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`Babbage incorporates the foregoing paragraphs by reference as if fully set forth
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`7.
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`United States Patent No. 5,561,811 (the “’811 patent”), entitled “Method and
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`Apparatus for Per-User Customization of Applications Shared By A Plurality of Users On A
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`Single Display,” was duly and legally issued by the United States Patent and Trademark Office
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`on September 10, 1996, after a full and fair examination. A copy of the ’811 patent is attached
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`2
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`Petitioners Ex. 1017 Page 2
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`Case 2:13-cv-00764-JRG Document 1 Filed 09/26/13 Page 3 of 5 PageID #: 3
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`hereto as Exhibit A. The ’811 patent relates to, among other things, a method and apparatus for
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`entering simultaneous and sequential input events for at least one application program under the
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`control of multiple users of a computer system.
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`8.
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`Babbage is the assignee of all rights, title, and interest in and to the ’811 patent
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`and possesses all rights of recovery under the ’811 patent.
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`9.
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`Defendants are infringing the ’811 patent under 35 U.S.C. § 271 by performing,
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`without authority, one or more of the following acts: (a) making, using, offering to sell, and
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`selling within the United States video games that practice the inventions of the ’811 patent; (b)
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`contributing to the infringement of the ’811 patent by others in the United States; and/or (c)
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`inducing others to infringe the ’811 patent within the United States.
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`10.
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`For example, Defendants sell, offer for sale, and/or use at least Borderlands 2,
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`thereby infringing at least claim 7 of the ’811 patent. Defendants induce the use of Borderlands 2
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`by others, such as their customers, who also directly infringe the ’811 patent. Defendants have
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`actively and knowingly aided and abetted that direct infringement. Defendants actually intended
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`to cause the acts that constitute direct infringement, knows of the ’811 patent at least as early as
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`the filing date of this Complaint, and knew their actions would lead to actual infringement and/or
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`was recklessly indifferent with respect thereto. Further, Defendants sold, offered for sale, and/or
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`imported a material component of the patented invention that is not a staple article of commerce
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`capable of substantial non-infringing use, with knowledge of the ’811 patent, and knowledge that
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`the component was especially made or adapted for use in an infringing manner.
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`11.
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`Babbage hereby demands a trial by jury on all issues so triable.
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`JURY DEMAND
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`PRAYER FOR RELIEF
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`12.
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`Babbage requests the following relief:
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`3
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`Petitioners Ex. 1017 Page 3
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`Case 2:13-cv-00764-JRG Document 1 Filed 09/26/13 Page 4 of 5 PageID #: 4
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`A.
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`A judgment that Defendants have directly infringed the ’811 patent,
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`contributorily infringed the ’811 patent, and induced infringement of the
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`’811 patent;
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`B.
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`An injunction preventing Defendants and their officers, directors, agents,
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`servants, employees, attorneys, licensees, successors, and assigns, and
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`those in active concert or participation with any of them, from directly
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`infringing, contributorily infringing, and inducing the infringement of the
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`’811 patent;
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`C.
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`A judgment and order requiring Defendants to pay Baggage’s damages
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`under 35 U.S.C. § 284, including supplemental damages for any
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`continuing post-verdict infringement up until entry of the final judgment,
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`with an accounting, as needed;
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`D.
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`A
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`judgment and order requiring Defendants
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`to pay Babbage’s
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`prejudgment and post-judgment interest on the damages awarded;
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`E.
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`A judgment and order requiring Defendants to pay Babbage the costs of
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`this action (including all disbursements) and attorney’s fees as provided by
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`35 U.S.C. § 285; and
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`F.
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`Such other and further relief as the Court deems just and equitable.
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`Petitioners Ex. 1017 Page 4
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`Case 2:13-cv-00764-JRG Document 1 Filed 09/26/13 Page 5 of 5 PageID #: 5
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`Dated: September 26, 2013
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`Respectfully submitted,
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` /s Anthony M. Garza .
`ANTHONY M. GARZA, LEAD ATTORNEY
` Texas State Bar No. 24050644
` agarza@ccrglaw.com
`STEVEN CALLAHAN
` Texas State Bar No. 24053122
` scallahan@ccrglaw.com
`CHARHON CALLAHAN
`ROBSON & GARZA, PLLC
`3333 Lee Parkway, Suite 460
`Dallas, Texas 75219
`Telephone: (214) 521-6400
`Telecopier: (214) 764-8392
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`Counsel for Babbage Holdings, LLC
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`5
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`Petitioners Ex. 1017 Page 5
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