Case 2:13-cv-00765-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
`
`
`Babbage Holdings, LLC,
`
`Civil Action No. 2:13-cv00765
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
` Plaintiff,
`
` v.
`
`
`Square Enix, Inc. and Square Enix of
`America Holdings, Inc.,
`
`
`
`
`
` Defendants.
`
`
`COMPLAINT
`
`
`
`Babbage Holdings, LLC (“Babbage”) files this Complaint against Square Enix, Inc. and
`
`Square Enix of America Holdings, Inc. (collectively, “Defendants”), and alleges as follows:
`
`PARTIES
`
`1.
`
`Babbage is a limited liability company existing under the laws of the State of
`
`Texas, with its principal place of business at 3100 Independence Pkwy, Suite 311, Plano, Texas.
`
`2.
`
`Defendant Square Enix, Inc. is a Washington corporation with its principal place
`
`of business in El Segundo, California. Defendant Square Enix of America Holdings, Inc. is a
`
`Delaware corporation with its principal place of business in Sacramento, California.
`
`JURISDICTION AND VENUE
`
`3.
`
`This Court has jurisdiction because this is a patent infringement case arising under
`
`the patent laws of the United States Code, Title 35. This Court has exclusive subject matter
`
`jurisdiction over this case under 28 U.S.C. § 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendants. Defendants have conducted
`
`and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
`
`
`
`1
`
`
`
`Petitioners Ex. 1018 Page 1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISON
`
`
`Babbage Holdings, LLC,
`
`Civil Action No. 2:13-cv00765
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
` Plaintiff,
`
` v.
`
`
`Square Enix, Inc. and Square Enix of
`America Holdings, Inc.,
`
`
`
`
`
` Defendants.
`
`
`COMPLAINT
`
`
`
`Babbage Holdings, LLC (“Babbage”) files this Complaint against Square Enix, Inc. and
`
`Square Enix of America Holdings, Inc. (collectively, “Defendants”), and alleges as follows:
`
`PARTIES
`
`1.
`
`Babbage is a limited liability company existing under the laws of the State of
`
`Texas, with its principal place of business at 3100 Independence Pkwy, Suite 311, Plano, Texas.
`
`2.
`
`Defendant Square Enix, Inc. is a Washington corporation with its principal place
`
`of business in El Segundo, California. Defendant Square Enix of America Holdings, Inc. is a
`
`Delaware corporation with its principal place of business in Sacramento, California.
`
`JURISDICTION AND VENUE
`
`3.
`
`This Court has jurisdiction because this is a patent infringement case arising under
`
`the patent laws of the United States Code, Title 35. This Court has exclusive subject matter
`
`jurisdiction over this case under 28 U.S.C. § 1338(a).
`
`4.
`
`This Court has personal jurisdiction over Defendants. Defendants have conducted
`
`and do conduct business within the State of Texas. Defendants, directly or through subsidiaries
`
`
`
`1
`
`
`
`Petitioners Ex. 1018 Page 1
`
`
`
`Case 2:13-cv-00765-JRG Document 1 Filed 09/26/13 Page 2 of 5 PageID #: 2
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`or intermediaries, offer for sale, use, make, distribute, sell, advertise, and market accused video
`
`games in the State of Texas, and the Eastern District of Texas. Defendants have voluntarily sold
`
`accused products in this District, either directly to customers in this District or through
`
`intermediaries with the expectation that accused video games will be sold and distributed to
`
`customers in this District. These accused video games have been and continue to be purchased
`
`and used by consumers in the Eastern District of Texas. Defendants have committed acts of
`
`infringement within the State of Texas and, more particularly, within the Eastern District of
`
`Texas.
`
`5.
`
`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b)-(c)
`
`and 1400(b).
`
`6.
`
`herein.
`
`COUNT I
`(PATENT INFRINGEMENT)
`
`Babbage incorporates the foregoing paragraphs by reference as if fully set forth
`
`7.
`
`United States Patent No. 5,561,811 (the “’811 patent”), entitled “Method and
`
`Apparatus for Per-User Customization of Applications Shared By A Plurality of Users On A
`
`Single Display,” was duly and legally issued by the United States Patent and Trademark Office
`
`on September 10, 1996, after a full and fair examination. A copy of the ’811 patent is attached
`
`hereto as Exhibit A. The ’811 patent relates to, among other things, a method and apparatus for
`
`entering simultaneous and sequential input events for at least one application program under the
`
`control of multiple users of a computer system.
`
`8.
`
`Babbage is the assignee of all rights, title, and interest in and to the ’811 patent
`
`and possesses all rights of recovery under the ’811 patent.
`
`9.
`
`Defendants are infringing the ’811 patent under 35 U.S.C. § 271 by performing,
`
`
`
`2
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`
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`Petitioners Ex. 1018 Page 2
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`Case 2:13-cv-00765-JRG Document 1 Filed 09/26/13 Page 3 of 5 PageID #: 3
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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)
`
`contributing to the infringement of the ’811 patent by others in the United States; and/or (c)
`
`inducing others to infringe the ’811 patent within the United States.
`
`10.
`
`For example, Defendants sell, offer for sale, and/or use at least Final Fantasy 14,
`
`thereby infringing at least claim 7 of the ’811 patent. Defendants induce the use of Final Fantasy
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`14 by others, such as their customers, who also directly infringe the ’811 patent. Defendants have
`
`actively and knowingly aided and abetted that direct infringement. Defendants actually intended
`
`to cause the acts that constitute direct infringement, knows of the ’811 patent at least as early as
`
`the filing date of this Complaint, and knew their actions would lead to actual infringement and/or
`
`was recklessly indifferent with respect thereto. Further, Defendants sold, offered for sale, and/or
`
`imported a material component of the patented invention that is not a staple article of commerce
`
`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.
`
`Babbage hereby demands a trial by jury on all issues so triable.
`
`JURY DEMAND
`
`PRAYER FOR RELIEF
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`12.
`
`Babbage requests the following relief:
`
`A.
`
`A judgment that Defendants have directly infringed the ’811 patent,
`
`contributorily infringed the ’811 patent, and induced infringement of the
`
`’811 patent;
`
`B.
`
`An injunction preventing Defendants and their officers, directors, agents,
`
`servants, employees, attorneys, licensees, successors, and assigns, and
`
`those in active concert or participation with any of them, from directly
`
`
`
`3
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`
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`Petitioners Ex. 1018 Page 3
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`
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`Case 2:13-cv-00765-JRG Document 1 Filed 09/26/13 Page 4 of 5 PageID #: 4
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`infringing, contributorily infringing, and inducing the infringement of the
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`’811 patent;
`
`C.
`
`A judgment and order requiring Defendants to pay Baggage’s damages
`
`under 35 U.S.C. § 284, including supplemental damages for any
`
`continuing post-verdict infringement up until entry of the final judgment,
`
`with an accounting, as needed;
`
`D.
`
`A
`
`judgment and order requiring Defendants
`
`to pay Babbage’s
`
`prejudgment and post-judgment interest on the damages awarded;
`
`E.
`
`A judgment and order requiring Defendants to pay Babbage the costs of
`
`this action (including all disbursements) and attorney’s fees as provided by
`
`35 U.S.C. § 285; and
`
`F.
`
`Such other and further relief as the Court deems just and equitable.
`
`4
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`Petitioners Ex. 1018 Page 4
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`Case 2:13-cv-00765-JRG Document 1 Filed 09/26/13 Page 5 of 5 PageID #: 5
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`Dated: September 26, 2013
`
`Respectfully submitted,
`
`
`
` /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
`
`Counsel for Babbage Holdings, LLC
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`5
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`Petitioners Ex. 1018 Page 5
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