Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 1 of 35 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ACCELERATION BAY LLC, a Delaware )
`Limited Liability Corporation,
`
`)
`
`))
`
`)
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`a Delaware Corporation,
`
`Defendant.
`
`Civil Action No.
`
`DEMAND FOR JURY TRIAL
`
`))
`
`))
`
`))
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Acceleration Bay LLC (“Acceleration Bay”) files this Complaint for Patent
`
`Infringement and Jury Demand against Defendant Activision Blizzard, Inc. (“Defendant” or
`
`“Activision Blizzard”) and alleges as follows:
`
`THE PARTIES
`
`1.
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`Acceleration Bay is a Delaware limited liability corporation, with its principal
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`place of business at 370 Bridge Parkway, Redwood City, California 94065.
`
`2.
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`Acceleration Bay is an incubator for next generation businesses, in particular
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`companies that focus on delivering information and content in real-time. Acceleration Bay
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`invests in and supports companies that further the dissemination of technological advancements.
`
`3.
`
`Acceleration Bay also collaborates with inventors and research institutions to
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`analyze and identify important technological problems, generate new solutions to these
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`problems, and bring those solutions to market through its partnerships with existing companies
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`and startups.
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 1
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`

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`4.
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`On information and belief, Activision Blizzard is a Delaware corporation with its
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`principal place of business at 3100 Ocean Park Boulevard, Santa Monica, California 90405.
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`5.
`
`Acceleration Bay is informed and believes that Activision Blizzard makes, uses,
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`sells, offers for sale, and/or imports into the United States and this District products and services
`
`that utilize multiplayer or multisystem network technology as claimed in the Acceleration Bay
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`Patents (defined below), including but not limited to, World of Warcraft (“WoW”) (including,
`
`but not limited to WoW Chat, Chat Channels, WoW Client Downloader, Raid Finder/Looking
`
`For A Raid, Cross Realm Zones, Cross Realm Raids, Battle Grounds, Looking for Adventure,
`
`and Recruiting for Danger functionalities within WoW), Destiny (including, but not limited to
`
`multiplayer modes Crucible and Strike), and Call of Duty: Advanced Warfare (including, but not
`
`limited to multiplayer modes Team Deathmatch, Domination, Search and Destroy, Search and
`
`Rescue, Hardpoint, Capture the Flag, Kill Confirmed, Free for All, Infected, Uplink, and
`
`Momentum).
`
`JURISDICTION AND VENUE
`
`6.
`
`This action arises under the Patent Act, 35 U.S.C. § 101 et seq. This Court has
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`original jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`7.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or
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`1400(b).
`
`8.
`
`This Court has personal jurisdiction over Defendant. Upon information and
`
`belief, Defendant does business in this District and has, and continues to, infringe and/or induce
`
`the infringement in this District. On information and belief, Defendant is incorporated in the
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`State of Delaware. In addition, the Court has personal jurisdiction over Defendant because it has
`
`2
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 2
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`

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`established minimum contacts with the forum and the exercise of jurisdiction would not offend
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`traditional notions of fair play and substantial justice.
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`THE PATENTS-IN-SUIT
`
`9.
`
`This case involves six patents owned by Acceleration Bay: U.S. Patent No.
`
`6,701,344; U.S. Patent No. 6,714,966; U.S. Patent No. 6,732,147; U.S. Patent No. 6,829,634;
`
`U.S. Patent No. 6,910,069; and U.S. Patent No. 6,920,497 (collectively referred to as the
`
`“Acceleration Bay Patents”).
`
`10.
`
`On March 2, 2004, U.S. Patent No. 6,701,344 (“the ‘344 Patent”), entitled
`
`DISTRIBUTED GAME ENVIRONMENT, was issued to Fred B. Holt and Virgil E. Bourassa.
`
`A true and correct copy of the ‘344 Patent is attached to this Complaint as Exhibit 1 and is
`
`incorporated by reference herein.
`
`11.
`
`All rights, title, and interest in the ‘344 Patent have been assigned to Acceleration
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`Bay, which is the sole owner of the ‘344 Patent.
`
`12.
`
`The ‘344 Patent is generally directed towards systems for an effective broadcast
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`technique in a game environment using a regular network. By implementing such a broadcast
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`technique, the system is able to provide a broadcast channel using an underlying network system
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`that sends messages on a point to point basis, providing efficiency and reliability to a gaming
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`environment.
`
`13.
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`On March 30, 2004, U.S. Patent No. 6,714,966 (“the ‘966 Patent”), entitled
`
`INFORMATION DELIVERY SERVICE, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘966 Patent is attached to this Complaint as Exhibit 2 and is
`
`incorporated by reference herein.
`
`3
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 3
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`

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`14.
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`All rights, title, and interest in the ‘966 Patent have been assigned to Acceleration
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`Bay, who is the sole owner of the ‘966 Patent.
`
`15.
`
`The ‘966 Patent is generally directed towards systems for providing an
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`information delivery service using a regular network. One of the ways this is accomplished is by
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`sending data through neighbor participants.
`
`16.
`
`On May 4, 2004, U.S. Patent No. 6,732,147 (“the ‘147 Patent”), entitled
`
`LEAVING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘147 Patent is attached to this Complaint as Exhibit 3 and is
`
`incorporated by reference herein.
`
`17.
`
`All rights, title, and interest in the ‘147 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘147 Patent.
`
`18.
`
`The ‘147 Patent is generally directed towards methods and systems for leaving a
`
`broadcast channel. One of the ways this is accomplished is by sending messages to a second
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`computer, so that the second computer can connect to a third computer to maintain a regular
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`network.
`
`19.
`
`On December 7, 2004, U.S. Patent No. 6,829,634 (“the ‘634 Patent”), entitled
`
`BROADCASTING NETWORK, was issued to Fred B. Holt and Virgil E. Bourassa. A true and
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`correct copy of the ‘634 Patent is attached to this Complaint as Exhibit 4 and is incorporated by
`
`reference herein.
`
`20.
`
`All rights, title, and interest in the ‘634 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘634 Patent.
`
`21.
`
`The ‘634 Patent is generally directed towards methods and systems for
`
`broadcasting data across a regular network. One of the ways this is accomplished is by sending
`
`4
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 4
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`

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`data received from neighbor participants to other neighbor participants. This creates reliability in
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`the regular network.
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`22.
`
`On June 21, 2005, U.S. Patent No. 6,910,069 (“the ‘069 Patent”), entitled
`
`JOINING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E. Bourassa. A
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`true and correct copy of the ‘069 Patent is attached to this Complaint as Exhibit 5 and is
`
`incorporated by reference herein.
`
`23.
`
`All rights, title, and interest in the ‘069 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘069 Patent.
`
`24.
`
`The ‘069 Patent is generally directed towards methods for adding a participant to
`
`a network without placing a high overhead on the underlying network. One of the ways this is
`
`accomplished is by identifying a pair of participants that are connected to the network,
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`disconnecting the identified pair from each other, and then connecting a seeking participant to
`
`the identified pair.
`
`25.
`
`On July 19, 2005, U.S. Patent No. 6,920,497 (“the ‘497 Patent”), entitled
`
`CONTACTING A BROADCAST CHANNEL, was issued to Fred B. Holt and Virgil E.
`
`Bourassa. A true and correct copy of the ‘497 Patent is attached to this Complaint as Exhibit 6
`
`and is incorporated by reference herein.
`
`26.
`
`All rights, title, and interest in the ‘497 Patent have been assigned to Acceleration
`
`Bay, who is the sole owner of the ‘497 Patent.
`
`27.
`
`The ‘497 Patent is generally directed towards methods and systems for contacting
`
`a broadcast channel. One of the ways this is accomplished is by the seeking computer using a
`
`selected call-in port to request that the portal computer coordinate the connection of the seeking
`
`computer.
`
`5
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 5
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`

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`THE ACCUSED PRODUCTS
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`28. WoW: Acceleration Bay is informed and believes that WoW products and
`
`services utilize the network technology claimed in the Acceleration Bay Patents to offer a
`
`multiplayer or multisystem gaming environment to its players. Acceleration Bay is informed and
`
`believes that these players operate within WoW’s gaming environment as individual members of
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`one of over 240 different realm servers. Acceleration Bay is informed and believes that these
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`240+ realms, and virtual instances of the realms, operate on multiple computing servers that
`
`communicate with each other. See, e.g.:
`
`http://us.battle.net/wow/en/game/guide/getting-started.
`
`29.
`
`Acceleration Bay is informed and believes that WoW products and services
`
`utilize the network technology claimed in the Acceleration Bay Patents to perform many
`
`functionalities within its gaming environment.
`
`6
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 6
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`

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`30.
`
`These products and services include, but are not limited to, WoW’s Cross-Realm
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`technology, which allows individual players from multiple different realms to interact and
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`communicate with each other inside WoW’s gaming environment:
`
`http://us.battle.net/wow/en/blog/10551009.
`
`31.
`
`Cross-Realm technology is used in and includes, but is not limited to, the
`
`following WoW functionalities:
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`WoW’s Cross-Realm Raids functionality:
`
`http://us.battle.net/wow/en/blog/4270420;
`
`WoW’s Raid Finder / Looking for Raid functionality:
`
`7
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 7
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`http://us.battle.net/wow/en/blog/3608426;
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`WoW’s Cross-Realm Battle Grounds functionality:
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`http://us.battle.net/wow/en/game/guide/late-game;
`
`WoW’s Cross-Realm Zones functionality:
`
`8
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 8
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`http://us.battle.net/wow/en/blog/5393667/;
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`and WoW’s Looking for Adventure / Recruiting for Danger functionality:
`
`9
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 9
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`

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`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 10 of 35 PageID #: 10
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`http://us.battle.net/wow/en/blog/15200760/.
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`10
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 10
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`

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`32.
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`Acceleration Bay is informed and believes that WoW’s Voice Chat functionality
`
`allows individual players to communicate with each other, by voice, though the use of the
`
`network technology claimed in the Acceleration Bay Patents:
`
`http://us.battle.net/wow/en/game/guide/playing-together.
`
`33.
`
`Acceleration Bay is informed and believes WoW Downloader utilizes a peer-to-
`
`peer network to improve download speed for updates, installation and other downloadable
`
`information. See e.g.:
`
`11
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 11
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`

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`https://us.battle.net/support/en/article/how-to-toggle-peer-to-peer-protocol.
`
`34.
`
`Acceleration Bay is informed and believes WoW’s Game Client and WoW
`
`Launcher utilize a method of connecting a computer to a network through a portal computer.
`
`See, e.g.:
`
`http://us.battle.net/en/what-is/.
`
`12
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 12
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`

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`35.
`
`Destiny: Acceleration Bay is informed and believes that Destiny utilizes the
`
`network technology claimed in the Acceleration Bay Patents to perform multiple functionalities
`
`including multiplayer modes Crucible and Strike. See e.g.,
`
`http://www.destinythegame.com/game/modes/. Acceleration Bay is informed and believes that
`
`Destiny provides a hybrid system where each area within the game called “destination” has its
`
`own dedicated servers while all the players that are in that “destination” are connected to a peer-
`
`to-peer network and capable of communicating and interacting with each other. See
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`
`destiny.aspx; see also http://destiny.wikia.com/wiki/Demonware_Blog. Acceleration Bay is
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`informed and believes that Destiny utilizes “on-the-fly matchmaking technology” that allows
`
`numerous individual players in a “destination” to be matched “invisibly” and thereby able to
`
`encounter, communicate and interact with each other. See
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview. Acceleration
`
`Bay is further informed and believes that Destiny is capable of allowing “millions” of players to
`
`be “in one connected online world.” See
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`
`destiny.aspx.
`
`36.
`
`Acceleration Bay is informed and believes Destiny allows players to
`
`communicate using the network technology claimed in the Acceleration Bay Patents. As a way
`
`of example and not a limitation, Destiny provides a multiplayer mode, such as “The Crucible,”
`
`where multiple participants can simultaneously interact and communicate with each other
`
`utilizing the network technology claimed in the Acceleration Bay Patents.
`
`13
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 13
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`

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`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 14 of 35 PageID #: 14
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`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`14
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 14
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`

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`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 15 of 35 PageID #: 15
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`http://destiny.wikia.com/wiki/Special:Videos?page=3&sort=trend&file=Destiny_Alpha_-
`
`_PvP_Control_-_Rusted_Lands%2C_Earth.
`
`37.
`
`Call of Duty: Advanced Warfare: Acceleration Bay is informed and believes
`
`that Call of Duty: Advanced Warfare utilizes the network technology claimed in the Acceleration
`
`Bay Patents to perform multiple functionalities including multiplayer modes Team Deathmatch,
`
`Domination, Search and Destroy, Search and Rescue, Hardpoint, Capture the Flag, Kill
`
`Confirmed, Free for All, Infected, Uplink, and Momentum. See e.g.,
`
`https://www.callofduty.com/advancedwarfare/mp. As a way of example and not a limitation,
`
`Call of Duty: Advanced Warfare provides multiplayer modes such as Search and Destroy, which
`
`is an objective multiplayer mode where two teams of four to six players face off against each
`
`other, using the network technology claimed in the Acceleration Bay Patents. See
`
`http://www.ign.com/wikis/call-of-duty-advanced-warfare/Search_and_Destroy; see also
`
`https://community.sledgehammergames.com/community/sledgehammer/blog/2014/11/07/excite
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`ment-from-call-of-duty-advanced-warfare-launch-week-and-updates-coming-soon.
`
`15
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 15
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`

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`38.
`
`Acceleration Bay is informed and believes that Call of Duty: Advanced Warfare
`
`allows players to communicate using the network technology as claimed in the Acceleration Bay
`
`Patents. Acceleration Bay is also informed and believes that Call of Duty: Advanced Warfare
`
`uses the network technology claimed in the Acceleration Bay Patents to allow players to leave a
`
`game in the middle of a match without affecting other players. As a way of example and not a
`
`limitation, Call of Duty: Advanced Warfare provides a multiplayer mode, such as “Domination,”
`
`where multiple participants can concurrently interact and communicate with each other while
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`also having an option to leave the game without affecting other players in the match by utilizing
`
`the network technology as claimed in the Acceleration Bay Patents.
`
`http://www.ign.com/articles/2015/01/28/optic-midnite-plays-call-of-duty-with-ign?watch.
`
`16
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 16
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`

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`ACTIVISION BLIZZARD’S INFRINGEMENT OF ACCELERATION BAY’S PATENTS
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`39.
`
`Defendant has been and is now infringing the Acceleration Bay Patents (i.e., the
`
`‘344 Patent, ‘966 Patent, ‘147 Patent, ‘634 Patent, ‘069 Patent, and ‘497 Patent) in this judicial
`
`District, and elsewhere in the United States by, among other things, making, using, importing,
`
`selling, and/or offering for sale the claimed system and methods on WoW, Destiny, and Call of
`
`Duty: Advanced Warfare.
`
`40.
`
`In addition to directly infringing the Acceleration Bay Patents pursuant to 35
`
`U.S.C. § 271(a), either literally or under the doctrine of equivalents, or both, Defendant
`
`indirectly infringes the ‘147 Patent, ‘069 Patent, and ‘497 Patent pursuant to 35 U.S.C. § 271(b)
`
`by instructing, directing and/or requiring others, including its users and developers, to perform
`
`all or some of the steps of the method claims, either literally or under the doctrine of equivalents,
`
`or both, of the ‘147 Patent, ‘069 Patent, and ‘497 Patent.
`
`COUNT I
`(Direct Infringement of the ‘344 Patent pursuant to 35 U.S.C. § 271(a))
`
`41.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`42.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘344
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`43.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`44.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`17
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 17
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`

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`45.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including, but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘344 Patent.
`
`46.
`
`Defendant’s WoW products infringe the ‘344 Patent through, at minimum, its
`
`Cross Realm technologies, which allow individual players from multiple different realms to
`
`communicate and interact with each other using a broadcast technique in which a broadcast
`
`channel uses an underlying network system to send messages on a point-to-point basis.
`
`47.
`
`Defendant’s Destiny products infringe the ‘344 Patent through, at minimum, its
`
`multiplayer technology, which allows numerous individual players that are in a destination or an
`
`area to interact and communicate with each other using a broadcast technique in which a
`
`broadcast channel uses an underlying network system to send messages on a point-to-point basis.
`
`48.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘344 Patent
`
`through, at minimum, its multiplayer technology, which allows individual players to interact and
`
`communicate with each other using a broadcast technique in which a broadcast channel uses an
`
`underlying network system to send messages on a point-to-point basis.
`
`49.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`50.
`
`Defendant’s infringement of the ‘344 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`18
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 18
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`

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`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 19 of 35 PageID #: 19
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`COUNT II
`(Direct Infringement of the ‘966 Patent pursuant to 35 U.S.C. § 271(a))
`
`51.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`52.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘966
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`53.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`54.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`55.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘966 Patent.
`
`56.
`
`Defendant’s WoW products infringe the ‘966 Patent through, at minimum, its
`
`Cross Realm technologies, which allow individual players from multiple different realms to
`
`interact and communicate with each other over a computer network for providing an information
`
`delivery service for a plurality of participants, whereby information is sent on a point-to-point
`
`basis.
`
`57.
`
`Defendant’s Destiny products infringe the ‘966 Patent through, at minimum, its
`
`multiplayer technology, which allows individual players to interact and communicate with each
`
`other over a computer network for providing an information delivery service for a plurality of
`
`participants, whereby information is sent on a point-to-point basis.
`
`19
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`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 19
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`

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`58.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘966 Patent
`
`through, at minimum, its multiplayer technology, which allows individual players to interact and
`
`communicate with each other by sending data through neighbor participants.
`
`59.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`60.
`
`Defendant’s infringement of the ‘966 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`COUNT III
`(Direct Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(a))
`
`61.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`62.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘147
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`63.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`64.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization or
`
`license of Acceleration Bay.
`
`65.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘147 Patent.
`
`20
`
`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 20
`
`

`

`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 21 of 35 PageID #: 21
`
`66.
`
`Defendant’s WoW products infringe the ‘147 Patent through, at minimum, its
`
`Cross-Realm technology and its Voice Chat functionality, which allow individual players from
`
`multiple different realms to interact and communicate with each other over a multi-cast computer
`
`network, and where individual players can leave the computer network by sending messages to a
`
`second computer so that the second computer can connect to a third computer to maintain a
`
`regular network.
`
`67.
`
`Defendant’s Destiny products infringe the ‘147 Patent through, at minimum, its
`
`multiplayer technology, which allows each individual player to leave the network by sending
`
`messages to a second computer so that the second computer can connect to a third computer to
`
`maintain a regular network.
`
`68.
`
`Defendant’s Call of Duty: Advanced Warfare products infringe the ‘147 Patent
`
`through, at minimum, its multiplayer technology, which allows each individual player to leave
`
`the network by sending messages to a second computer so that the second computer can connect
`
`to a third computer to maintain a regular network.
`
`69.
`
`As a result of Defendant’s unlawful activities, Acceleration Bay has suffered and
`
`will continue to suffer irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Acceleration Bay is entitled to preliminary and/or permanent injunctive relief.
`
`70.
`
`Defendant’s infringement of the ‘147 Patent has injured and continues to injure
`
`Acceleration Bay in an amount to be proven at trial.
`
`COUNT IV
`(Indirect Infringement of the ‘147 Patent pursuant to 35 U.S.C. § 271(b))
`
`71.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`21
`
`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 21
`
`

`

`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 22 of 35 PageID #: 22
`
`72.
`
`Defendant has induced and continues to induce infringement of at least claims 1-
`
`10 of the ‘147 Patent under 35 U.S.C. § 271(b).
`
`73.
`
`In addition to directly infringing the ‘147 Patent, Defendant indirectly infringes
`
`the ‘147 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others,
`
`including but not limited to, its customers, users and developers, to perform one or more of the
`
`steps of the method claims, either literally or under the doctrine of equivalents, of the ‘147
`
`Patent, where all the steps of the method claims are performed by either Defendant, its
`
`customers, users or developers, or some combination thereof. Defendant knew or was willfully
`
`blind to the fact that it was inducing others, including customers, users and developers, to
`
`infringe by practicing, either themselves or in conjunction with Defendant, one or more method
`
`claims of the ‘147 Patent.
`
`74.
`
`Defendant knowingly and actively aided and abetted the direct infringement of
`
`the ‘147 Patent by instructing, encouraging, and providing a mechanism for its customers, users,
`
`and developers to use WoW, Destiny, and Call of Duty: Advanced Warfare in an infringing
`
`manner and distributing guidelines and instructions to third parties on how to use Cross Realm
`
`Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds, Cross Realm Zones, World
`
`of Warcraft Voice Chat, the WoW game client downloader functionalities of WoW, and the
`
`multiplayer functionalities of Destiny and Call of Duty: Advanced Warfare in an infringing
`
`manner.
`
`75.
`
`Defendant actively and intentionally maintains websites, including activision.com
`
`and its ancillary components to encourage potential customers, users and developers to use Cross
`
`Realm Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds, Cross Realm Zones,
`
`World of Warcraft Voice Chat, the WoW game client downloader functionalities of WoW, and
`
`22
`
`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 22
`
`

`

`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 23 of 35 PageID #: 23
`
`the multiplayer functionalities of Destiny and Call of Duty: Advanced Warfare in an infringing
`
`manner.
`
`76.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the Cross Realm Raids, Raid Finder/Looking For A Raid, Cross Realm Battlegrounds,
`
`Cross Realm Zones, World of Warcraft Voice Chat, and the WoW game client downloader.
`
`These instructions can be found at http://us.battle.net/wow/en/game/guide/ (attached hereto as
`
`Exhibit 7); http://us.blizzard.com/en-us/games/wow/ (attached hereto as Exhibit 8);
`
`http://us.battle.net/wow/en/game/guide/getting-started; http://us.battle.net/wow/en/blog/4270420;
`
`http://us.battle.net/wow/en/game/guide/playing-together (attached hereto as Exhibit 9);
`
`http://us.battle.net/wow/en/blog/3608426; http://us.battle.net/wow/en/game/guide/late-game;
`
`http://us.battle.net/wow/en/blog/5393667/; http://us.battle.net/wow/en/blog/14833872/ashran-
`
`preview-prepare-to-engage-7-17-2014 (attached hereto as Exhibit 10);
`
`http://us.battle.net/wow/en/game/guide/playing-together; http://us.battle.net/en/what-is/;
`
`https://us.battle.net/support/en/article/how-to-toggle-peer-to-peer-protocol.
`
`77.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the multiplayer functionalities of Destiny, including Crucible and Strike. These
`
`instructions can be found at http://www.destinythegame.com/game/modes/ (attached hereto as
`
`Exhibit 11); http://support.activision.com/articles/en_US/FAQ/Destiny-Support (attached hereto
`
`as Exhibit 12); http://www.activision.com/games/destiny/destiny (attached hereto as Exhibit 13).
`
`78.
`
`Defendant provides detailed instruction to its customers and users regarding all
`
`aspects of the multiplayer functionalities of Call of Duty: Advanced Warfare, including Team
`
`Deathmatch, Domination, Search and Destroy, Search and Rescue, Hardpoint, Capture the Flag,
`
`Kill Confirmed, Free for All, Infected, Uplink, and Momentum. These instructions can be found
`
`23
`
`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 23
`
`

`

`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 24 of 35 PageID #: 24
`
`at https://www.callofduty.com/advancedwarfare/mp (attached hereto as Exhibit 14);
`
`http://support.activision.com/apex/pkb_Home?clickedOn=Call_of_Duty_Advanced_Warfare&so
`
`rtByParam=title (attached hereto as Exhibit 15); http://www.activision.com/games/call-of-
`
`duty/call-of-duty-advanced-warfare (attached hereto as Exhibit 16).
`
`79.
`
`Defendant has had knowledge of the ‘147 Patent at least as of the time it learned
`
`of this action for infringement, and by continuing its actions described above, Defendant has had
`
`the specific intent to, or was willfully blind to the fact that its actions would, induce infringement
`
`of the ‘147 Patent.
`
`COUNT V
`(Direct Infringement of the ‘634 Patent pursuant to 35 U.S.C. § 271(a))
`
`80.
`
`Acceleration Bay repeats, realleges, and incorporates by reference, as if fully set
`
`forth herein, the allegations of the preceding paragraphs, as set forth above.
`
`81.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘634
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`82.
`
`Defendant’s infringement is based upon literal infringement or infringement
`
`under the doctrine of equivalents, or both.
`
`83.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale
`
`infringing products and services have been without the permission, consent, authorization, or
`
`license of Acceleration Bay.
`
`84.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use,
`
`sale, importation and/or offer for sale of Defendant’s products and services, including but not
`
`limited to, WoW, Destiny, and Call of Duty: Advanced Warfare, which embody the patented
`
`invention of the ‘634 Patent.
`
`24
`
`Patent Owner Acceleration Bay, LLC - Ex. 2001, p. 24
`
`

`

`Case 1:15-cv-00228-RGA Document 1 Filed 03/11/15 Page 25 of 35 PageID #: 25
`
`85.
`
`Defendant’s WoW products infringe the ‘634 Patent through, at minimum, its
`
`WoW Client Downloader technology and Voice Chat functionality, which allow individual
`
`players from multiple different realms to communicate and interact with each other by sending
`
`data received from other neighboring players to other neighboring