Case 1:15-cv-23302-RNS Document 1 Entered on FLSD Docket 09/01/2015 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
`
`
`ROTHSCHILD DIGITAL
`MEDIA INNOVATIONS, LLC,
`
`
`
`Plaintiff,
`
`
`
`
`v.
`
`
`
`GAMELOFT, S.A.,
`
`
`
`Defendant.
`
`__________________________________________/
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Rothschild Digital Media Innovations, LLC (“RDMI”), hereby sues Gameloft
`
`S.A. (“Gameloft”) for patent infringement, and alleges as follows:
`
`THE PARTIES
`
`1.
`
`RDMI is a limited liability company organized and existing under the laws
`
`of the State of Florida with a principal place of business in Bay Harbor, Florida.
`
`2.
`
`Gameloft is a for-profit corporation organized and existing under the laws
`
`of the Republic of France with a principal place of business in Paris, France.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of
`
`the United States, more specifically, under Title 35 of the United States Code, Section
`
`271 et seq.
`
`4.
`
`This Court has federal question jurisdiction over this action under 28
`
`U.S.C. §§ 1331 and 1338(a) because RDMI seeks relief under the Patent Act, 35 U.S.C. §
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
`
`
`ROTHSCHILD DIGITAL
`MEDIA INNOVATIONS, LLC,
`
`
`
`Plaintiff,
`
`
`
`
`v.
`
`
`
`GAMELOFT, S.A.,
`
`
`
`Defendant.
`
`__________________________________________/
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Rothschild Digital Media Innovations, LLC (“RDMI”), hereby sues Gameloft
`
`S.A. (“Gameloft”) for patent infringement, and alleges as follows:
`
`THE PARTIES
`
`1.
`
`RDMI is a limited liability company organized and existing under the laws
`
`of the State of Florida with a principal place of business in Bay Harbor, Florida.
`
`2.
`
`Gameloft is a for-profit corporation organized and existing under the laws
`
`of the Republic of France with a principal place of business in Paris, France.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of
`
`the United States, more specifically, under Title 35 of the United States Code, Section
`
`271 et seq.
`
`4.
`
`This Court has federal question jurisdiction over this action under 28
`
`U.S.C. §§ 1331 and 1338(a) because RDMI seeks relief under the Patent Act, 35 U.S.C. §
`
`
`
`Case 1:15-cv-23302-RNS Document 1 Entered on FLSD Docket 09/01/2015 Page 2 of 5
`
`271 et seq., including remedies for infringement of a United States Patent owned by
`
`RDMI.
`
`5.
`
`Gameloft is subject to personal jurisdiction in this state under Florida
`
`Statute § 48.193 because it has transacted and continues to transact business in this state
`
`and more particularly this District, has contracted to supply services or products in this
`
`state and District and/or has caused tortious injury in this state and District.
`
`6.
`
`Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b) because a
`
`substantial part of the events giving rise to these claims occurred in this judicial district,
`
`because RDMI has suffered injury in this district, and because Gameloft resides in this
`
`district under the patent venue statute by having committed acts of alleged patent
`
`infringement in this district.
`
`RDMI’S PATENT AND GAMELOFT’S INFRINGEMENT
`
`7.
`
`RDMI is the owner of United States Patent No. 6,101,534 (“the ‘534
`
`patent”), entitled “Interactive, Remote, Computer Interface System.” Mr. Leigh
`
`Rothschild is the sole inventor of the ‘534 patent. The ‘534 patent was duly and lawfully
`
`issued on August 8, 2000 by the United States Patent and Trademark office and is now,
`
`and has been at all times since its date of issue, valid and enforceable. The ‘534 patent
`
`was previously the subject of an ex parte reexamination by the United States Patent and
`
`Trademark Office, which concluded with a confirmation of the patent’s validity. A true
`
`and correct copy of the ‘534 patent is attached as Exhibit “A.”
`
`8.
`
`The ‘534 patent relates to an interactive, remote, computer interface
`
`system comprised of three distinct physical components: a remote server assembly, a
`
`local processor assembly and a data storage assembly including a compact, portable and
`
`
`
`2
`
`
`
`Case 1:15-cv-23302-RNS Document 1 Entered on FLSD Docket 09/01/2015 Page 3 of 5
`
`interchangeable computer readable medium. The ‘534 patent further relates to the
`
`interaction between each of these components and data stored therein to create a desired
`
`user experience.
`
`9.
`
`Gameloft violates 35 U.S.C. § 271(c) (and is therefore liable for
`
`contributory infringement) because it sells and/or offers to sell at least one component for
`
`use in practicing the patented process of the ‘534 patent. More specifically, Gameloft
`
`develops and distributes online multiplayer gaming applications (“Apps”) such as Heroes
`
`of Order and Chaos, capable of being installed in iOS or Android mobile computing
`
`platforms. The Apps, when used in conjunction with Gameloft’s game servers, enable
`
`online multiplayer gaming –– infringing at least claim 1 of the ‘534 patent.
`
`10.
`
`Gameloft’s Apps are material to practicing the invention claimed by the
`
`‘534 patent, have no substantially non-infringing uses, and upon information and belief,
`
`are known by Gameloft to be especially made or especially adapted for use in an
`
`infringement of the ‘534 patent.
`
`11.
`
`Further, Gameloft is liable for inducing infringement under 35 U.S.C.
`
`§271(b) given that Gameloft sells infringing components to its customers who, in turn,
`
`use the components in a way that directly infringes the ‘534 patent. Gameloft knew or
`
`should have known that its actions in the development, sale and/or offer for sale of the
`
`infringing components would induce actual and direct infringement by its customers.
`
`12.
`
`Gameloft had knowledge of its infringement of the ‘534 patent prior to the
`
`filing of this action because, as early as May 2015, Gameloft was in possession of a
`
`notice letter and claim chart, authored by the undersigned, describing Gameloft’s
`
`infringement of the ‘534 patent.
`
`
`
`3
`
`
`
`Case 1:15-cv-23302-RNS Document 1 Entered on FLSD Docket 09/01/2015 Page 4 of 5
`
`13.
`
`Upon information and belief, Gameloft continued – with specific intent –
`
`to infringe the ‘534 patent. Upon information and belief, Gameloft instructed users how
`
`to engage in an infringing use of the ‘534 patent through at least (a) publication of user
`
`guides and/or product manuals and (b) in-game instructions. Upon information and
`
`belief, Gameloft likewise aided and abetted its customer’s direct infringement of the ‘534
`
`patent.
`
`Court.
`
`14.
`
`Gameloft will continue to infringe in the future unless enjoined by the
`
`15.
`
`RDMI has been damaged by Gameloft’s infringement of the ‘534 patent in
`
`an amount to be proven at trial, but at a minimum in the amount of a reasonably royalty
`
`pursuant to 35 U.S.C. § 284.
`
`WHEREFORE, RDMI prays:
`
`a.
`
`That the Court find Gameloft liable for infringement of the ‘534 patent,
`
`either literally or under the doctrine of equivalents;
`
`b.
`
`That Gameloft, and all of its agents, servants, employees, successors and
`
`assigns, and all persons acting in concert or in active participation with Gameloft, be
`
`preliminarily and permanently enjoined and restrained from making, using, importing,
`
`selling and/or offering to sell any products or services in the United States that infringe
`
`the ‘534 patent;
`
`c.
`
`That the Court award RDMI damages due to Gameloft infringement of the
`
`‘534 patent, and that the Court enter judgment three (3) times such amount pursuant to 35
`
`U.S.C. § 284.
`
`
`
`4
`
`
`
`Case 1:15-cv-23302-RNS Document 1 Entered on FLSD Docket 09/01/2015 Page 5 of 5
`
`d.
`
`That the Court find this case exceptional within the meaning of 35 U.S.C.
`
`§ 285 and award RDMI its reasonable attorneys’ fees and expenses incurred in this
`
`action.
`
`e.
`
`f.
`
`interest.
`
`That the Court award RDMI its taxable costs and disbursements.
`
`That the Court award RDMI both pre-judgment and post-judgment
`
`g.
`
`For such other and further relief as this Court deems just and proper.
`
`JURY DEMAND
`
`RDMI demands trial by jury on all issues so triable.
`
`
`
`
`
`Respectfully submitted,
`
`
`/s Ernesto M. Rubi
`John C. Carey
`Florida Bar No. 78379
`jcarey@careyrodriguez.com
`Ernesto M. Rubi
`Florida Bar No. 92014
`erubi@careyrodriguez.com
`CAREY RODRIGUEZ
`O’KEEFE MILIAN GONYA, LLP
`1395 Brickell Avenue, Suite 700
`Miami, Florida 33131
`Telephone: (305) 372-7474
`Facsimile: (305) 372-7475
`
`
`5
`
`Dated: September 1, 2015
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