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`Case 2:14-cv-01956-RFB-VCF Document 1 Filed 11/24/14 Page 1 of 5
`
`
`
`Michael D. Rounds
`Nevada Bar No. 4734
`Adam K. Yowell
`Nevada Bar No. 11748
`WATSON ROUNDS
`10000 West Charleston Blvd., Ste. 240
`Las Vegas, Nevada 89135
`Telephone: (702) 636-4902
`Facsimile: (702) 636-4904
`E-Mail: mrounds@watsonrounds.com
`ayowell@watsonrounds.com
`
`
`Attorneys for Plaintiff,
`Galaxy Gaming, Inc.
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`
`
`GALAXY GAMING, INC., a Nevada
`Corporation,
`
`
`
`
`
`IN BET GAMING, INC., a New Jersey
`corporation, IN BET, LLC, a Connecticut
`limited liability company
`
`Defendants.
`
`
`
`___________________________________/
`
`
`
`
`
`v.
`
`Plaintiff,
`
`Civil Action No.: ______________________
`
`
`
`COMPLAINT FOR
`PATENT INFRINGEMENT
`
`
`(JURY DEMAND)
`
`
`
`
`
`
`
`Plaintiff Galaxy Gaming, Inc. (“Galaxy”) alleges the following in support of its Complaint
`
`for Patent Infringement and Demand for Jury Trial (“Complaint”) against Defendants In Bet
`
`Gaming, Inc. and In Bet, LLC (collectively “In Bet Defendants”).
`
`JURISDICTION
`
`1.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a)
`
`because this action arises under the patent laws of the United States, including 35 U.S.C. § 271 et
`
`seq. This Court has personal jurisdiction over the In Bet Defendants because they either are or
`
`have been registered and licensed to do business in the State of Nevada and have committed acts
`
`within Nevada and this judicial district giving rise to this action.
`
`
`
`
`
`-1-
`
`AGS/In Bet Exhibit 1015, Page 1 of 22
`
`

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`Case 2:14-cv-01956-RFB-VCF Document 1 Filed 11/24/14 Page 2 of 5
`
`
`
`VENUE
`
`2.
`
`The In Bet Defendants have committed acts within this judicial district and the unofficial
`
`Southern Division of the District of Nevada giving rise to this action and either do or have done
`
`business in this district and division, including one or more of the infringing acts of selling,
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`offering for sale, using, advertising, leasing and offering for lease their infringing “IN BETween”
`
`table game product. Venue is proper in this district and division pursuant to 28 U.S.C. §§ 1391(b)
`
`and (c) and 1400(b), and Local Rule IA 8-1(a).
`
`PARTIES
`
`3.
`
`Plaintiff Galaxy is a corporation organized and existing under the laws of the State of
`
`Nevada and has its principal place of business at 6767 Spencer Street, Las Vegas, Nevada 89119 .
`
`4.
`
`Upon information and belief, Defendant In Bet Gaming, Inc. is a New Jersey corporation
`
`duly organized and existing under the laws of the State of New Jersey, and having a principal
`
`place of business at 206 Barlow Avenue, Cherry Hill, New Jersey 08002.
`
`5.
`
`Upon information and belief, Defendant In Bet, LLC is a Connecticut limited liability
`
`company organized and existing under the laws of Connecticut, and having a principle place of
`
`
`business at 6 Reservoir View, Ledyard, Connecticut 06339.
`
`6.
`
`Upon information and belief, Ronald LaDuca is the sole or principle owner, officer and/or
`
`member of the In Bet Defendants and may also be personally liable for all or some of the acts of
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`infringement alleged herein, and Galaxy reserves the right to amend its Complaint to add him as a
`
`Defendant herein.
`
`COUNT 1
`
`(Patent Infringement)
`
`7.
`
`Paragraphs 1-6 of the Complaint set forth above are incorporated herein by reference.
`
`8.
`
`On February 13, 2007, United States Patent No. 7,175,180 (“‘180 Patent”) entitled
`
`“Method For Playing Blackjack With a Three Card Poker Wager (“21 +3”)” was duly and legally
`
`issued to Derek J. Webb, a prolific inventor of numerous casino table games. All rights and
`
`interests in the ‘180 Patent were originally assigned to Prime Table Games, LLC. On or about
`
`October 3, 2011 Galaxy acquired and was assigned all rights and interests in the ‘180 Patent. A
`
`
`
`
`
`-2-
`
`AGS/In Bet Exhibit 1015, Page 2 of 22
`
`

`

`Case 2:14-cv-01956-RFB-VCF Document 1 Filed 11/24/14 Page 3 of 5
`
`
`
`true and correct copy of the ‘180 Patent is attached hereto as Exhibit A.
`
`9.
`
`Galaxy is the full and sole owner of the ‘180 Patent and has the right to sue for all past
`
`damages.
`
`10.
`
`The In Bet Defendants have sold, offered for sale, used, advertised, offered for lease and
`
`leased the “IN BETween” table game product in the District of Nevada and in other casino
`
`locations throughout the United States. Upon information and belief, at least Defendant In Bet
`
`Gaming, Inc. engages in these activities presently. A true and correct copy of the table felt and
`
`description for the IN BETween table game product that appears on Defendant In Bet Gaming,
`
`Inc.’s website is attached hereto as Exhibit B.
`
`11.
`
`Upon information and belief, the In Bet Defendants have infringed, and at least Defendant
`
`In Bet Gaming, Inc. continues to infringe, claims 1-9 of the ‘180 patent under 35 U.S.C. § 271 (a).
`
`The acts of direct infringement include, but are not limited to, demonstration and operation of the
`
`IN BETween game for casino customers.
`
`12. Upon information and belief, the In Bet Defendants have indirectly infringed claims 1-9
`
`of the ‘180 patent under 35 U.S.C. § 271(b) by inducing casino customers of the IN BETween
`
`game to directly infringe claims 1-9 of the ‘180 patent. The In Bet Defendants specifically intend
`
`for customers to infringe these claims because, with knowledge of the ‘180 patent, they have
`
`designed and sold, offered for sale, advertised, leased and offered for lease the IN BETween game
`
`such that it would infringe the claims if used and played by casino customers. The In Bet
`
`Defendants know or should know that customers directly infringe claims 1-9 when the IN
`
`BETween game is played in their casinos. Upon information and belief, at least Defendant In Bet
`
`Gaming, Inc. engages in these acts of inducement presently.
`
`13. Upon information and belief, the In Bet Defendants indirectly infringe claims 1-9 of the
`
`‘180 patent under 35 U.S.C. § 271(c). The In Bet Defendants have contributed to the direct
`
`infringement of claims 1-9 of the ‘180 patent by casino customers. With knowledge of the ‘180
`
`patent, the In Bet Defendants have designed and sold, offered for sale, advertised, leased and
`
`offered for lease the IN BETween game which they know or should have known was especially
`
`made or adapted for use in infringing the ‘180 patent and which has no substantial non-infringing
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`-3-
`
`AGS/In Bet Exhibit 1015, Page 3 of 22
`
`

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`Case 2:14-cv-01956-RFB-VCF Document 1 Filed 11/24/14 Page 4 of 5
`
`
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`uses. Upon information and belief, at least Defendant In Bet Gaming, Inc. engages in these acts
`
`of contributory infringement presently.
`
`14.
`
`The In Bet Defendants’ acts of infringement have caused damage to Plaintiff. Under 35
`
`U.S.C. § 284, Plaintiff is entitled to recover from the In Bet Defendants the damages sustained by
`
`Galaxy as a result of the In Bet Defendants’ infringement of the ‘180 patent.
`
`15.
`
`Upon information and belief, the In Bet Defendants’ infringement of the patents-in-suit
`
`has been willful and deliberate, and entitles Plaintiff to increased damages under 35 U.S.C. § 284
`
`and attorney fees and costs under 35 U.S.C. § 285.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against the In
`
`Bet Defendants as follows:
`
`(a)
`
`For judgment that the In Bet Defendants have infringed and continue to infringe the ‘180
`
`patent;
`
`(b)
`
`For a permanent injunction under 35 U.S.C. § 283 against the In Bet Defendants and their
`
`directors, officers, employees, agents, subsidiaries, parents, attorneys, and all persons acting in
`
`concert, on behalf of, in joint venture, or in partnership with the In Bet Defendants from further
`
`acts of infringement;
`
`(c)
`
`For damages to be paid by the In Bet Defendants adequate to compensate Plaintiff for
`
`their infringement, including interests, costs and disbursements as the Court may deem appropriate
`
`under 35 U.S.C. § 284;
`
`(d)
`
`For judgment finding that the In Bet Defendants’ infringement was willful and deliberate,
`
`entitling Plaintiff to increased damages under 35 U.S.C. § 284;
`
`(e)
`
`For judgment finding this to be an exceptional case, and awarding Plaintiff’s attorney fees
`
`under 35 U.S.C. § 285; and
`
`(f)
`
`proper.
`
`///
`
`///
`
`
`
`
`
`
`For such other and further relief at law and in equity as the Court may deem just and
`
`-4-
`
`AGS/In Bet Exhibit 1015, Page 4 of 22
`
`

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`Case 2:14-cv-01956-RFB-VCF Document 1 Filed 11/24/14 Page 5 of 5
`
`
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`
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`Pursuant to Fed. R. Civ. P. 38(b), Plaintiff hereby demands a jury trial on all issues triable
`
`DEMAND FOR JURY TRIAL
`
`by jury.
`
`Dated: November 24, 2014
`
`
`
`
`By:
`
`
`
`
`
`
`WATSON ROUNDS
`
`
`/s/ Michael D. Rounds ____
`Michael D. Rounds
`Nevada Bar No. 4734
`Adam K. Yowell
`Nevada Bar. No. 11748
`10000 West Charleston Blvd., Ste. 240
`Las Vegas, Nevada 89135
`Telephone: (702) 636-4902
`Facsimile: (702) 636-4904
`E-Mail: mrounds@watsonrounds.com
` ayowell@watsonrounds.com
`
`Attorneys for Plaintiff,
`Galaxy Gaming, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-5-
`
`AGS/In Bet Exhibit 1015, Page 5 of 22
`
`

`

`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 1 of 9
`
`AGS/In Bet Exhibit 1015, Page 6 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 2 of 9
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`AGS/In Bet Exhibit 1015, Page 7 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 3 of 9
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`AGS/In Bet Exhibit 1015, Page 8 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 4 of 9
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`AGS/In Bet Exhibit 1015, Page 9 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 5 of 9
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`AGS/In Bet Exhibit 1015, Page 10 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 6 of 9
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`AGS/In Bet Exhibit 1015, Page 11 of 22
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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 7 of 9
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`AGS/In Bet Exhibit 1015, Page 12 of 22
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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 8 of 9
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`AGS/In Bet Exhibit 1015, Page 13 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-1 Filed 11/24/14 Page 9 of 9
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`AGS/In Bet Exhibit 1015, Page 14 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-2 Filed 11/24/14 Page 1 of 3
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`AGS/In Bet Exhibit 1015, Page 15 of 22
`
`

`

`11/7/2014
`
`Case 2:14-cv-01956-RFB-VCF Document 1-2 Filed 11/24/14 Page 2 of 3
`inbet
`
`IN BETween is an Exciting New Side Bet Used in the Game of Blackjack that Offers 5 Payouts!
`
`IN BETween wager is a wager that the dealer’s upcard falls IN BETween the player’s
`first two dealt cards, according to the “RANK ORDER”: 2-3-4-5-6-7-8-9-10-J-Q-K-A
`and is lost otherwise. The only exception to this rule is if the player is initially dealt
`two cards the same rank and the dealer’s upcard is also the same rank the player
`wins the “TRIPLE MATCH” payout.
`
`The player is paid according to the payout table depending on their card spread.
`
`IN BETween side wager can be used on 1-8 deck Blackjack games with four different
`pay tables to choose from, so you can determine the house advantage!
`
`Increase Your Blackjack Win Instantly!
`Use the IN BETween side wager on all of your Blackjack tables. It’s as simple as changing your table layout and post pay table
`sign and you instantly increase your win! Give your players a new game to play while still playing Blackjack.
`
`No Rule Changes to the Game of Blackjack!
`IN BETween side wager does not affect the game of Blackjack. The dealer determines a winner or loser (pays or takes) the bet
`before players act on their Blackjack hand.
`
`High Hit Frequency Means High Player Participation!
`Pit utilization is one of the most important factors when considering a side wager. IN BETween side wager has one of the
`highest hit frequencies of Blackjack side bets for the players. A hit frequency of 26% - 28% keeps players making the bet, unlike
`most side bets with a low hit frequency (many side bets are under 14%). IF THE PLAYERS DON’T HAVE A CHANCE TO WIN—
`THEY WON’T PLAY!
`
`http://inbetgaming.com/inbet.html
`
`1/2
`
`AGS/In Bet Exhibit 1015, Page 16 of 22
`
`

`

`11/7/2014
`
`Case 2:14-cv-01956-RFB-VCF Document 1-2 Filed 11/24/14 Page 3 of 3
`inbet
`
`http://inbetgaming.com/inbet.html
`
`2/2
`
`AGS/In Bet Exhibit 1015, Page 17 of 22
`
`

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`Case 2:14-cv-01956-RFB-VCF Document 1-3 Filed 11/24/14 Page 1 of 1
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`AGS/In Bet Exhibit 1015, Page 18 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-4 Filed 11/24/14 Page 1 of 2
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`AGS/In Bet Exhibit 1015, Page 19 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-4 Filed 11/24/14 Page 2 of 2
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`AGS/In Bet Exhibit 1015, Page 20 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-5 Filed 11/24/14 Page 1 of 2
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`AGS/In Bet Exhibit 1015, Page 21 of 22
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`

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`Case 2:14-cv-01956-RFB-VCF Document 1-5 Filed 11/24/14 Page 2 of 2
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`AGS/In Bet Exhibit 1015, Page 22 of 22
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`