Case 1:99-mc-09999 Document 801 Filed 08/19/14 Page 1 of 5 PageID #: 58111
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`) Civil Action No. _____________
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`) JURY TRIAL DEMANDED
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`INVENTOR HOLDINGS, LLC,
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`Plaintiff,
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`v.
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`GAMELOFT, INC.,
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`Defendant.
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`
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`COMPLAINT
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`For its Complaint, Plaintiff Inventor Holdings, LLC ("Inventor Holdings"), by
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`and through the undersigned counsel, alleges as follows:
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`THE PARTIES
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`1.
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`Inventor Holdings is a Delaware limited liability company with a place of
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`business located at Two High Ridge Park, Stamford, Connecticut 06905. Inventor
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`Holdings is the current owner of patents developed by Walker Digital, LLC ("Walker
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`Digital"), a research and development laboratory that has been the genesis for many
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`successful businesses, including Priceline.com and Synapse Group, Inc.
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`2.
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`Defendant Gameloft, Inc.
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`is a Delaware corporation with, upon
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`information and belief, a place of business located at 45 West 25th Street, 9th Floor, New
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`York, New York 10010.
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`JURISDICTION AND VENUE
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`3.
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`4.
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C.
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`§§ 1331 and 1338.
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`Petitioners Ex. 1009 Page 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
`)
`)
`)
`) Civil Action No. _____________
`)
`) JURY TRIAL DEMANDED
`)
`)
`)
`
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`
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`
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`INVENTOR HOLDINGS, LLC,
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`
`
`Plaintiff,
`
`
`v.
`
`
`
`GAMELOFT, INC.,
`
`
`
`Defendant.
`
`
`
`COMPLAINT
`
`For its Complaint, Plaintiff Inventor Holdings, LLC ("Inventor Holdings"), by
`
`and through the undersigned counsel, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Inventor Holdings is a Delaware limited liability company with a place of
`
`business located at Two High Ridge Park, Stamford, Connecticut 06905. Inventor
`
`Holdings is the current owner of patents developed by Walker Digital, LLC ("Walker
`
`Digital"), a research and development laboratory that has been the genesis for many
`
`successful businesses, including Priceline.com and Synapse Group, Inc.
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`2.
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`Defendant Gameloft, Inc.
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`is a Delaware corporation with, upon
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`information and belief, a place of business located at 45 West 25th Street, 9th Floor, New
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`York, New York 10010.
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`JURISDICTION AND VENUE
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`3.
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`4.
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`This action arises under the Patent Act, 35 U.S.C. § 1 et seq.
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`Subject matter jurisdiction is proper in this Court under 28 U.S.C.
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`§§ 1331 and 1338.
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`Petitioners Ex. 1009 Page 1
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`Case 1:99-mc-09999 Document 801 Filed 08/19/14 Page 2 of 5 PageID #: 58112
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`5.
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`Upon information and belief, Defendant conducts substantial business in
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`this forum, directly or through intermediaries, including: (i) at least a portion of the
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`infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in
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`other persistent courses of conduct and/or deriving substantial revenue from goods and
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`services provided to individuals in Delaware.
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`6.
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`Venue is proper in this District pursuant to §§ 1391(b), (c) and 1400(b).
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`THE PATENT-IN-SUIT
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`7.
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`On July 22, 2014, United States Patent No. 8,784,198 (the "'198 patent"),
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`entitled "Method and Apparatus for Conducting or Facilitating a Promotion" and listing
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`Jay S. Walker, Geoffrey M. Gelman, James A. Jorasch, Peter Kim, Timothy A. Palmer,
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`Keith Bemer, Andrew P. Golden and Scott Allison as inventors, was duly and lawfully
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`issued by the U.S. Patent and Trademark Office ("USPTO"). A true and correct copy of
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`the '198 patent is attached hereto as Exhibit A.
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`8.
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`Inventor Holdings is the assignee and owner of the right, title and interest
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`in and to the '198 patent, including the right to assert all causes of action arising under
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`said patent and the right to any remedies for infringement of them.
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`FACTUAL BACKGROUND
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`9.
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`Walker Digital is a research and development laboratory that has invested
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`many millions of dollars in the development of its intellectual property. Walker Digital
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`was comprised of a diverse group of inventors who solve business problems by studying
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`human behavior and designing innovative solutions utilizing modern information
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`technologies. Walker Digital's invention team has created a portfolio of more than 700
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`U.S. and international patents in a wide range of industries that include retail, vending,
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`credit cards, security, gaming, educational testing and entertainment. Jay Walker, the
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`2
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`Petitioners Ex. 1009 Page 2
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`Case 1:99-mc-09999 Document 801 Filed 08/19/14 Page 3 of 5 PageID #: 58113
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`chairman of Walker Digital, is best known as the founder of Priceline.com, which
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`brought unprecedented technology and a new level of value to the travel industry. The
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`business processes that guide Priceline.com's success were created in the invention lab of
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`Walker Digital. As an inventor, Mr. Walker is named on more than 450 issued and
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`pending U.S. and international patents.
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`10. Walker Digital invested large sums of money to develop the inventions of
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`Mr. Walker and the team of innovators. This investment was used for many things,
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`including the development of laboratory facilities to assist with the development and
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`testing of new inventions which, in turn, generated additional new inventions. Many of
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`these new inventions have been the genesis for successful businesses, including
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`Priceline.com and Synapse Group, Inc. Revolutionary technologies, including the
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`systems for facilitating a game playable on a mobile device claimed in the '198 patent,
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`were a direct result of that investment. In September 2013, Walker Digital assigned
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`patents in its patent portfolio, including the '198 patent, to Inventor Holdings in
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`connection with a corporate restructuring. At that time, Inventor Holdings became a
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`wholly-owned subsidiary of Patent Properties, Inc., which is a public company. Walker
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`Digital has a controlling interest in Patent Properties, Inc., and Jay Walker is the
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`Executive Chairman of Patent Properties, Inc.
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`11.
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`The '198 patent represents important advances in the field of mobile
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`device gaming. The subject matter of the '198 patent includes, but is not limited to, a
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`method and apparatus for facilitating progress of a game on a mobile device by unlocking
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`a locked outcome of the game using an unlock code.
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`3
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`Petitioners Ex. 1009 Page 3
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`Case 1:99-mc-09999 Document 801 Filed 08/19/14 Page 4 of 5 PageID #: 58114
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,784,198
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`12.
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`Inventor Holdings repeats and realleges the allegations of paragraphs 1
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`through 11 as if fully set forth herein.
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`13. Without license or authorization and in violation of 35 U.S.C. § 271(a),
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`Defendant is liable for infringement of at least claims 18 and 22 of the '198 patent by
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`making, using, offering for sale, and/or selling within this district and elsewhere in the
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`United States and/or importing into this district and elsewhere in the United States, a non-
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`transitory computer-readable medium storing instructions for directing a processor of a
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`mobile device to perform a method of facilitating play of a game on the mobile device by
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`recognizing inputs provided by a user via an input mechanism of the mobile device, at
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`least one of the inputs causing progress in the game; receiving a signal comprising an
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`unlock code; determining a locked outcome of the game; unlocking the locked outcome
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`of the game using the unlock code, thereby determining an unlocked outcome;
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`determining an intra-game benefit associated with the unlocked outcome; and providing
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`the intra-game benefit to the user by incorporating the intra-game benefit into the game,
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`including but not limited to, Asphalt 8: Airborne.
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`14.
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`Inventor Holdings is entitled to recover from Defendant the damages
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`sustained by Inventor Holdings as a result of Defendant's infringement of the '198 patent
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`in an amount subject to proof at trial, which, by law, cannot be less than a reasonable
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`royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`JURY DEMAND
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`Inventor Holdings hereby demands a trial by jury on all issues so triable.
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`4
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`Petitioners Ex. 1009 Page 4
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`Case 1:99-mc-09999 Document 801 Filed 08/19/14 Page 5 of 5 PageID #: 58115
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`PRAYER FOR RELIEF
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`WHEREFORE, Inventor Holdings requests that this Court enter judgment against
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`Defendant as follows:
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`A.
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`B.
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`An adjudication that Defendant has infringed the '198 patent;
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`An award of damages to be paid by Defendant adequate to compensate
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`Inventor Holdings for Defendant's past infringement of the '198 patent and any
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`continuing or future infringement through the date such judgment is entered, including
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`interest, costs, expenses and an accounting of all infringing acts including, but not limited
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`to, those acts not presented at trial;
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`C.
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`A declaration that this case is exceptional under 35 U.S.C. § 285, and an
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`award of Inventor Holdings' reasonable attorneys' fees; and
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`D.
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`An award to Inventor Holdings of such further relief at law or in equity as
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`the Court deems just and proper.
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`STAMOULIS & WEINBLATT LLC
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`/s/ Richard C. Weinblatt
`Richard C. Weinblatt #5080
`weinblatt@swdelaw.com
`Stamatios Stamoulis #4606
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`stamoulis@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`Telephone: (302) 999-1540
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`Attorneys for Plaintiff
`Inventor Holdings, LLC
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`5
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`Dated: August 19, 2014
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`Petitioners Ex. 1009 Page 5
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