UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
` Plaintiff,
`
`
`Aplix IP Holdings Corporation,
`
`
`
`v.
`
`Sony Computer Entertainment, Inc. and
`Sony Computer Entertainment America,
`LLC,
`
`
`
`
` Defendants.
`
`
` Civil Action No. 1:14-cv-12745
`
`
`
`
`COMPLAINT
`
`
`
`
`
` JURY TRIAL DEMANDED
`
`Plaintiff Aplix IP Holdings Corporation (“Aplix”), for its complaint against
`
`
`
`
`
`
`defendants Sony Computer Entertainment, Inc. (“SCE”) and Sony Computer
`
`Entertainment America, LLC (“SCEA”), collectively “Defendants,” states and alleges as
`
`follows:
`
`
`
`INTRODUCTION
`
`1.
`
`This case concerns patented technology covering game devices such as the
`
`hand-held Sony PlayStation Vita gaming console and Sony PlayStation 4 game
`
`controller. In 2003, inventors Beth Marcus and David Lee, both Massachusetts residents,
`
`developed interactive-design technology for improving data entry, control, and game-
`
`play on hand-held devices. Marcus and Lee deployed configurable input systems and
`
`elements on multiple surfaces of a hand-held device, taking advantage of the
`
`biomechanics of the human hand and leveraging the benefits associated with thumb-
`
`SCEA Ex. 1011 Page 1
`
`
`DISTRICT OF MASSACHUSETTS
`
` Plaintiff,
`
`
`Aplix IP Holdings Corporation,
`
`
`
`v.
`
`Sony Computer Entertainment, Inc. and
`Sony Computer Entertainment America,
`LLC,
`
`
`
`
` Defendants.
`
`
` Civil Action No. 1:14-cv-12745
`
`
`
`
`COMPLAINT
`
`
`
`
`
` JURY TRIAL DEMANDED
`
`Plaintiff Aplix IP Holdings Corporation (“Aplix”), for its complaint against
`
`
`
`
`
`
`defendants Sony Computer Entertainment, Inc. (“SCE”) and Sony Computer
`
`Entertainment America, LLC (“SCEA”), collectively “Defendants,” states and alleges as
`
`follows:
`
`
`
`INTRODUCTION
`
`1.
`
`This case concerns patented technology covering game devices such as the
`
`hand-held Sony PlayStation Vita gaming console and Sony PlayStation 4 game
`
`controller. In 2003, inventors Beth Marcus and David Lee, both Massachusetts residents,
`
`developed interactive-design technology for improving data entry, control, and game-
`
`play on hand-held devices. Marcus and Lee deployed configurable input systems and
`
`elements on multiple surfaces of a hand-held device, taking advantage of the
`
`biomechanics of the human hand and leveraging the benefits associated with thumb-
`
`SCEA Ex. 1011 Page 1
`
`
`
`
`
`
`
`finger opposition. Marcus and Lee applied for patents on their inventions, and, after a
`
`thorough review, the United States Patent & Trademark Office awarded them several
`
`patents. These patents were assigned to Marcus’ Boston-area start-up company,
`
`Zeemote, Inc., which sought to commercialize the technology. Aplix acquired Zeemote’s
`
`assets, including the patents, and now asks this Court to find that the Defendants are
`
`infringing the patents with the PlayStation Vita hand-held console and PlayStation 4
`
`game controller.
`
`
`
`PARTIES, JURISDICTION, AND VENUE
`
`2.
`
`Aplix is a Japanese corporation with its principal place of business in
`
`Tokyo, Japan.
`
`3.
`
`SCE is a Japanese corporation with its principal place of business in Tokyo,
`
`Japan.
`
`4.
`
`SCEA is a Delaware limited liability company with its principal place of
`
`business in San Mateo, California.
`
`5.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. Accordingly, this Court has subject-matter jurisdiction pursuant to
`
`28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendants pursuant to
`
`Massachusetts’s long-arm statute, Mass. Gen. Laws ch. 223A, § 3. On information and
`
`belief, Defendants have, directly and/or indirectly through their agents and
`
`intermediaries, advertised (including through web sites), offered to sell, sold, and/or
`
` 2
`
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`SCEA Ex. 1011 Page 2
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`
`
`
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`
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`distributed in Massachusetts products that infringe Aplix’s patents. Given Defendants’
`
`substantial and sustained contacts with the state, and their purposeful availment of the
`
`state’s benefits and protections, the Court’s exercise of personal jurisdiction over
`
`Defendants in this lawsuit satisfies due-process requirements.
`
`7.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) and 28
`
`USC § 1400(b) because Defendants have committed, and continue to commit, acts of
`
`infringement in the district.
`
`
`
`FACTUAL BACKGROUND
`
`8.
`
`In the Spring of 2003, Massachusetts residents Beth Marcus and David Lee
`
`developed ideas for improving how people interact with hand-held devices. Marcus and
`
`Lee, both graduates of the Massachusetts Institute of Technology, applied for a patent in
`
`October of that same year.
`
`9.
`
`In the spring of 2005, Marcus, with three others residing in the Boston area,
`
`founded Zietoo, Inc., and later changed the company name to Zeetoo, Inc. and then to
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`Zeemote, Inc. (“Zeemote”), to continue research and development of products based on
`
`Marcus’ and Lee’s inventions. Zeemote developed and sold a hand-held electronic game
`
`controller that communicated with a user’s mobile phone via Bluetooth technology.
`
`10. On May 15, 2007, the United States Patent and Trademark Office
`
`(“USPTO”) duly and legally issued United States Patent No. 7,218,313 (“the ’313
`
`patent”), titled “Human Interface System.”
`
` 3
`
`
`SCEA Ex. 1011 Page 3
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`
`
`
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`
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`11. On December 9, 2008, the USPTO duly and legally issued United States
`
`Patent No. 7,463,245 (the “’245 patent”), also titled “Human Interface System.”
`
`12. On February 23, 2010, the USPTO duly and legally issued United States
`
`Patent No. 7,667,692 (the “’692 patent”), also titled “Human Interface System.”
`
`13.
`
`In late 2009, Aplix, a Japanese operating company that sells a variety of
`
`products, purchased Zeemote’s assets and patent portfolio, which included the ’313, ’245,
`
`and ’692 patents. Aplix owns all right, title and interest in the ’313, ’245, and ’692
`
`patents.
`
`14.
`
`In 2012, Defendants SCE and SCEA released the PlayStation Vita
`
`(“PS Vita”), a hand-held electronic game console, in the United States.
`
`15.
`
`In 2013, Defendants SCE and SCEA released the PlayStation 4 (“PS4”), a
`
`video game system including a hand-held controller, in the United States.
`
`16. SCE and SCEA are members of the Sony group of companies and work in
`
`concert to promote and sell the PS Vita and PS4 controller in the United States.
`
`
`
`COUNT I — INFRINGEMENT OF THE ’313 PATENT
`
`17. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
`
`fully set forth here.
`
`18. Defendants have had actual knowledge of the ’313 patent since at least
`
`August 29, 2013.
`
` 4
`
`
`SCEA Ex. 1011 Page 4
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`
`
`
`
`
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`19. Defendants have directly infringed, and continue to directly infringe, one or
`
`more of the ’313 patent’s claims by offering to sell and selling the PS Vita in the United
`
`States, and by importing the PS Vita into the United States.
`
`20. Because of Defendants’ infringement of the ’313 patent, Aplix is entitled to
`
`a reasonable royalty in an amount to be established at trial.
`
`21. At least since August 29, 2013, Defendants’ infringement of the ’313 patent
`
`has been willful.
`
`
`
`COUNT II — INFRINGEMENT OF THE ’245 PATENT
`
`22. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
`
`fully set forth here.
`
`23. Defendants have had actual knowledge of the ’245 patent since at least
`
`August 29, 2013.
`
`24. Defendants have directly infringed, and continue to directly infringe, one or
`
`more of the ’245 patent’s claims by offering to sell and selling the PS Vita and PS4
`
`controller in the United States, and by importing the PS Vita and PS4 controller into the
`
`United States.
`
`25. Because of Defendants’ infringement of the ’245 patent, Aplix is entitled to
`
`a reasonable royalty in an amount to be established at trial.
`
`26. At least since August 29, 2013, Defendants’ infringement of the ’245 patent
`
`has been willful.
`
`
`
` 5
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`SCEA Ex. 1011 Page 5
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`COUNT III — INFRINGEMENT OF THE ’692 PATENT
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`27. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
`
`fully set forth here.
`
`28. Defendants have had actual knowledge of the ’692 patent since at least
`
`August 29, 2013.
`
`29. Defendants have directly infringed, and continue to directly infringe, one or
`
`more of the ’692 patent’s claims by offering to sell and selling the PS Vita in the United
`
`States, and by importing the PS Vita into the United States.
`
`30. Because of Defendants’ infringement of the ’692 patent, Aplix is entitled to
`
`a reasonable royalty in an amount to be established at trial.
`
`31. At least since August 29, 2013, Defendants’ infringement of the ’692 patent
`
`has been willful.
`
`WHEREFORE, Aplix prays for the following judgment and relief:
`
`a. A judgment for Aplix and against Defendants;
`
`b. A judgment that Defendants have infringed the ’313, ’245, and ’692
`
`patents;
`
`c. An order that Defendants account for and pay to Aplix all damages that are
`
`available under 35 U.S.C. § 284, including treble damages for willful
`
`infringement;
`
`d. An order compelling Defendants to make an accounting of their sales,
`
`profits, royalties, and damages owed to Aplix, including a post-judgment
`
` 6
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`SCEA Ex. 1011 Page 6
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`equitable accounting of damages for the period of infringement of the ’313,
`
`’245, and ’692 patents following the period of damages established by
`
`Aplix at trial;
`
`e. An order compelling Defendants to pay to Aplix pre-judgment and post-
`
`judgment interest;
`
`f. An award to Aplix of its costs, fees, and expenses in this action;
`
`g. A permanent injunction prohibiting Defendants from continuing to infringe
`
`the ’313, ’245, and ’692 patents; and
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`h. Any other relief that the Court deems just and equitable.
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`DEMAND FOR JURY TRIAL
`
`Aplix demands a jury trial on all issues so triable.
`
`
`
`04088/05001 2128151.1
`
` 7
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`SCEA Ex. 1011 Page 7
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`
`
`
` /s/ Brandon T. Scruggs
` Lisa M. Tittemore (BBO # 567941)
` Brandon Scruggs (BBO # 672541)
` SUNSTEIN KANN MURPHY & TIMBERS LLP
` 125 Summer Street
` Boston, MA 02110-1618
` Telephone: (617) 443-9292
` Facsimile: (617) 443-0004
` E-mail:
`
`
`
`
`ltittemore@sunsteinlaw.com
`bscruggs@sunsteinlaw.com
`
`
`
`
`
`
`
`
`
` 8
`
`
`Dated: June 27, 2014 Respectfully submitted,
`
` APLIX IP HOLDINGS CORPORATION
`
` By its attorneys,
`
`
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`
`OF COUNSEL:
`
`Robert J. Gilbertson
`Sybil L. Dunlop
`X. Kevin Zhao
`GREENE ESPEL PLLP
`222 South Ninth Street, Suite 2200
`Minneapolis, MN 55402
`Telephone: (612) 373-0830
`Facsimile: (612) 373-0929
`E-mail:
`BGilbertson@GreeneEspel.com
`
`
`SDunlop@GreeneEspel.com
`
`
`KZhao@GreeneEspel.com
`
`Sherman W. Kahn
`MAURIEL KAPOUYTIAN WOODS LLP
`27 W. 24th Street, Third Floor
`New York, NY 10010
`Telephone: (212) 524-9309
`Facsimile: (212) 529-5132
`E-mail:
`skahn@mkwllp.com
`
`
`SCEA Ex. 1011 Page 8
`
`
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