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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
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`IRONBURG INVENTIONS LTD. a
`United Kingdom Limited Company,
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`CIVIL ACTION NO. __________
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`Plaintiff,
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` vs.
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`VALVE CORPORATION, a Washington
`Corporation,
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`Defendant.
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`[DEMAND FOR JURY TRIAL]
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Ironburg Inventions Ltd. (“Plaintiff”), by and through counsel, file
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`this complaint for patent infringement and demand for jury trial (“Complaint”)
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`against Valve Corporation (“Defendant”).
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`Plaintiff alleges as follows:
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`PARTIES
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`1.
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`Plaintiff Ironburg Inventions Ltd. (“Ironburg”) is a company organized and
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`existing under the laws of the United Kingdom having its principal place of
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`business at 10 Market Place, Wincanton, BA9 9LP, Great Britain.
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`2.
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`Ironburg conducts business in the United States by and through Scuf
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`Gaming International, LLC (“Scuf Gaming”), a Georgia-based manufacturer,
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`wholesaler, retailer, and restorer of custom video game equipment and accessories,
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`including video game controllers (“gaming controllers”), which include Plaintiff’s
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`patented technology.
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`3.
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`On information and belief, Defendant Valve Corporation (“Valve”) is a
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`corporation organized and existing under the laws of the State of Washington,
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`having a place of business at 10900 NE 4th Street, Suite 500, Bellevue,
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`Washington 90084.
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`JURISDICTION AND VENUE
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`4.
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`This is a Complaint for patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. § 1 et seq. This Court has subject matter jurisdiction
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`under 28 U.S.C. §§1331 and 1138(a).
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`5.
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`Defendant has committed acts and continues to commit acts within this
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`District giving rise to this action, and venue is proper under 28 U.S.C. § 1391(b)
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`and §1400(b).
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`FACTUAL BACKGROUND
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`6.
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`As part of its business, Plaintiff licenses its patents, including to Scuf
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`Gaming and Microsoft Corporation.
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`7.
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`On information and belief, Defendant is presently making, using, importing,
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`marketing, selling, and/or offering to sell gaming controllers, including but not
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`limited to Defendant’s Steam Controller, in this District and elsewhere in the
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`United States that incorporate Plaintiff’s patented technology.
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`THE PATENTS IN SUIT
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`8.
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`On February 4, 2014, United States Patent No. 8,641,525 (hereafter the
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`“’525 Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” was
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`duly and legally issued to Plaintiff Ironburg. A copy of the ‘525 Patent is annexed
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`hereto as Exhibit A.
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`9.
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`On July 28, 2015, United States Patent No. 9,089,770 (hereafter the “’770
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`Patent”) entitled, “CONTROLLER FOR VIDEO GAME CONSOLE,” which is a
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`continuation of the ‘525 Patent, was duly and legally issued to Plaintiff Ironburg.
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`A copy of the ‘770 Patent is annexed hereto as Exhibit B.
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`10. Plaintiff Ironburg is the owner and assignee of record of the ‘525 and the
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`‘770 Patents.
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`COUNT I
`(Infringement Of U.S. Patent No. 8,641,525)
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`11. Plaintiff repeats and realleges Paragraphs 1 through 10 of this Complaint as
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`if fully set forth herein.
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`12. Defendant’s gaming controller products, including but not limited to
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`Defendant’s Steam Controller, include inventions disclosed and claimed in the
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`‘525 Patent. Defendant has infringed and continues to infringe the ‘525 Patent
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`literally and under the doctrine of equivalents through the manufacture, use, offer
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`for sale, sale, and/or importation of said gaming controller products in the United
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`States.
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`13. Defendant’s acts of infringement of the ’525 patent have caused and will
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`continue to cause Plaintiff substantial and irreparable injury, for which Plaintiff is
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`entitled to receive injunctive relief and damages adequate to compensate Plaintiff
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`for such infringement.
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`14. Plaintiff is entitled to damages under 35 U.S.C. § 284 for Defendant’s
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`infringement of one or more claims of the ‘525 patent.
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`15. On information and belief, Defendant acted despite an objectively high
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`likelihood that its actions constituted infringement of a valid patent and the
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`objectively defined risk was either known or should have been known to the
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`Defendant. Defendant’s infringement, which has been with actual notice of the
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`‘525 patent, has been and is willful, and Plaintiff is therefore entitled to enhanced
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`damages for willful infringement.
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`16. This case is exceptional, and therefore, Plaintiff is also entitled to attorneys’
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`fees pursuant to 35 U.S.C. § 285.
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`COUNT II
`(Infringement Of U.S. Patent No. 9,089,770)
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`17. Plaintiff repeats and realleges Paragraphs 1 through 10 of this Complaint as
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`if fully set forth herein.
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`18. Defendant’s gaming controller products, including but not limited to
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`Defendant’s Steam Controller, include inventions disclosed and claimed in the
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`‘770 Patent. Defendant has infringed and continues to infringe the ‘770 Patent
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`literally and under the doctrine of equivalents through the manufacture, use, offer
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`for sale, sale, and/or importation of said gaming controller products in the United
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`States.
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`19. Defendant’s acts of infringement of the ’770 patent have caused and will
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`continue to cause Plaintiff substantial and irreparable injury, for which Plaintiff is
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`entitled to receive injunctive relief and damages adequate to compensate Plaintiff
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`for such infringement.
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`20. This case is exceptional, and therefore, Plaintiff is entitled to attorneys’ fees
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`pursuant to 35 U.S.C. § 285.
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`21. Plaintiff is also entitled to damages under 35 U.S.C. § 284 for Defendant’s
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`infringement of one or more claims of the ‘770 patent.
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`REQUEST FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that this Court grant the
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`following relief:
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`A. The entry of judgment declaring that Defendant has infringed each of the
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`Patents-in-Suit;
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`B. An award of all available damages, including, but not limited to any lost
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`profits from Defendant’s infringement of the Patents-in-Suit, but in any event not
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`less than a reasonable royalty, together with pre-judgment and post-judgment
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`interest;
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`C. An injunction restraining Defendant and its affiliates, subsidiaries,
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`officers, directors, agents, servants, employees, representatives, licensees,
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`successors, assigns, and all those acting for them and on their behalf, from further
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`infringement of the Patents-in-Suit (as well as inducements of infringement and
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`contributions to infringement of the Patents-in-Suit);
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`D. The entry of an order declaring that this is an exceptional case and
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`awarding Plaintiff its costs, expenses, and reasonable attorney fees under 35 U.S.C.
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`§ 285 and all other applicable statutes, rules, and common law;
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`E. Enhanced and treble damages for willful infringement; AND
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`F. An order awarding Plaintiff any such other relief as the Court may deem
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`just and proper under the circumstances.
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`DEMAND FOR JURY TRIAL
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`Plaintiff demands trial by jury on all claims and issues so triable.
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`December 3, 2015
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`Respectfully submitted,
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`By: /Cynthia R. Parks/
`Cynthia R. Parks, GA Bar No. 563929
`PARKS IP LAW LLC
`730 Peachtree St. NE, Suite 600
`Atlanta, GA 30308
`Telephone: (678) 365-4444
`Facsimile: (678) 365-4450
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`Attorneys for Plaintiff
`IRONBURG INVENTIONS LTD.
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`Dated:
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`315624107.3
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