UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`WORLDS, INC.,
` Plaintiff,
`
`v.
`ACTIVISION BLIZZARD, INC., BLIZZARD
`ENTERTAINMENT, INC., and ACTIVISION
`PUBLISHING, INC.,
`
`Defendants.
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`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, Worlds, Inc. (“Worlds”), alleges the following:
`
`1.
`
`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`2.
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`Plaintiff, Worlds, Inc., is a corporation organized and existing under the laws of
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`the State of Delaware, having a principal place of business at 11 Royal Road, Brookline,
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`Massachusetts.
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`3.
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`Defendant Activision Blizzard, Inc. is a corporation organized and existing under
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`the laws of Delaware with its principal place of business at 3100 Ocean Park Boulevard, Santa
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`Monica, CA.
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`4.
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`Defendant Blizzard Entertainment, Inc. is a corporation organized and existing
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`under the laws of Delaware with its principal place of business at 3100 Ocean Park Boulevard,
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`Santa Monica, CA.
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`5.
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`Defendant Activision Publishing, Inc. is a corporation organized and existing
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`under the laws of Delaware with its principal place of business at 3100 Ocean Park Boulevard,
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`1
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`MS 1023
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`Santa Monica, CA.
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`6.
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`On information and belief, Blizzard Entertainment is a wholly owned subsidiary
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`of Activision Blizzard and transacts substantial business, either directly or through their agents,
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`on an ongoing basis in this judicial district and elsewhere in the United States.
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`7.
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`On information and belief, Blizzard Entertainment has offered and sold, and
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`continues to offer and sell, in this judicial district and elsewhere in the United States, its World of
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`Warcraft massively multiplayer online role playing game (MMORPG).
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`8.
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`On information and belief, Activision Blizzard is actively involved in the
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`management and control of Blizzard Entertainment with regard to the latter’s offer for sale and
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`sale of the World of Warcraft MMORPG.
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`9.
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`On information and belief, Activision Blizzard holds itself out as being, through
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`Blizzard Entertainment, the leading publisher of MMORPGs that compete in the subscription-
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`based MMORPG space.
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`10.
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`On information and belief, Activision Blizzard represents Blizzard Entertainment
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`to be one of its operating segments, derives a substantial portion of its revenues from World of
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`Warcraft subscriptions, owns World of Warcraft, and owns or controls data servers that host the
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`World of Warcraft MMORPG.
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`11.
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`On information and belief, Activision Publishing, Inc. is a wholly owned
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`subsidiary of Activision Blizzard and transacts substantial business, either directly or through
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`their agents, on an ongoing basis in this judicial district and elsewhere in the United States.
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`12.
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`On information and belief, Activision Publishing has offered and sold, and
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`continues to offer and sell, in this judicial district and elsewhere in the United States, its Call of
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`Duty video game (with multiplayer mode).
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`13.
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`On information and belief, Activision Blizzard is actively involved in the
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`management and control of Activision Publishing with regard to the latter’s offer for sale and
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`sale of the Call of Duty video game.
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`14.
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`On information and belief, Activision Blizzard holds itself out as the owner of
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`Call of Duty video game franchise and its intellectual property.
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`15.
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`On information and belief, Activision Blizzard represents Activision Publishing to
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`be one of its operating segments and that the Call of Duty franchise has generated $4.2 billion in
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`revenues to date.
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`16.
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`Activision Blizzard, Blizzard Entertainment and Activision Publishing are
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`collectively referred to herein as “Activision.” Unless specifically stated otherwise, the acts
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`complained of herein were committed by, on behalf of, and/or for the benefit of Activision.
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`
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`JURISDICTION AND VENUE
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`17.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`18.
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`This Court has personal jurisdiction over Activision because Activision has
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`committed acts of infringement in violation of 35 U.S.C. § 271 and has offered and provided to
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`customers in Massachusetts subscription to and use of Activision’s World of Warcraft and Call
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`of Duty video games. Additionally, Activision regularly does business or solicits business,
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`engages in other persistent courses of conduct, and/or derives substantial revenue from products
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`and/or services provided to individuals in this district and has purposefully established
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`substantial, systematic, and continuous contacts with this district and expects, or should
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`reasonably expect, to be haled into court here. Moreover, Activision Blizzard exercises
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`sufficient control over Blizzard Entertainment and Activision Publishing as to render the latter
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`two instrumentalities of the former. Thus, this Court’s exercise of jurisdiction over Activision
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`will not offend traditional notions of fair play and substantial justice.
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`19.
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`These acts cause injury to Worlds within the district. On information and belief,
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`Activision’s products continue to be offered in channels of commerce with the intent that
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`customers located in this district make use of Activision’s World of Warcraft and Call of Duty
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`Video games within this district.
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`20.
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`On information and belief, Activision will derive substantial revenue from the use
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`of Activision’s World of Warcraft and Call of Duty video games within this district, and/or
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`expects or should reasonably expect its actions to have consequences within the district, and
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`derives substantial revenue from interstate and international commerce.
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`21.
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`Activision has knowingly induced, and continues to knowingly induce,
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`infringement within this district by offering to employ Activision’s World of Warcraft and Call
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`of Duty video games with the knowledge and intent of facilitating infringing transactions within
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`this district and by creating and/or disseminating user guides and other instructional and
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`promotional materials for Activision’s World of Warcraft and Call of Duty video games with like
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`mind and intent.
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`22.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`
`
`COUNT 1 - INFRINGEMENT OF U.S. PATENT NO. 8,082,501
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`23.
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`On December 20, 2011 United States Patent No. 8,082,501 (“the ‘501 patent”)
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`was duly and legally issued for an invention entitled “System and Method for Enabling Users to
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`Interact in a Virtual Space.” The ‘501 patent has been assigned by the inventors to Worlds, and
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`Worlds is the sole and exclusive owner of the ‘501 patent and holds all rights and interests in the
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`‘501 patent. Among other things, Worlds holds the sole and exclusive rights to manufacture,
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`use, sell, import and offer to sell under the ‘501 patent and the right to enforce the ‘501 patent
`
`against alleged infringers.
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`24. Worlds has complied with any applicable statutory notice requirements by posting
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`notice of the ‘501 patent on its website and downloadable software.
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`25.
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`Activision has infringed and continues to infringe one or more claims of the ‘501
`
`patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its Worlds of
`
`Warcraft MMORPG, which embodies one or more claims of the ‘501 patent. Activision also has
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`infringed and continues to infringe one or more claims of the ‘501 patent by contributing to and
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`actively inducing others to use, sell, import, and/or offer for sale its Worlds of Warcraft
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`MMORPG. Activision is liable for its infringement of the ‘501 patent pursuant to 35 U.S.C. §
`
`271.
`
`26.
`
`Activision’s acts of infringement have caused damage to Worlds, and Worlds is
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`entitled to recover from Activision the damages it has sustained as a result of Activision’s
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`wrongful acts in an amount subject to proof at trial. Worlds has owned the ‘501 patent
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`throughout the period of Activision’s infringing acts. Activision’s infringement of Worlds’
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`exclusive rights under the ‘501 patent will continue to damage Worlds, causing irreparable harm
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
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`27.
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`Upon information and belief, Activision’s infringement of the ‘501 patent is
`
`willful and deliberate, entitling Worlds to increased damages under 35 U.S.C. § 284 and to
`
`attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`28.
`
`Activision has been on constructive notice of the ‘501 patent since at least as early
`
`as December 20, 2011 when the ‘501 patent was issued. Moreover, upon information and belief,
`
`Activision has been aware of Worlds’ patent portfolio through its knowledge of Worlds’
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`infringement litigation against NCSoft Corporation, Civil Action No. 6:08-cv-508 in the Eastern
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`District of Texas. Nevertheless, Activision has infringed and continues to infringe the ‘501
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`patent.
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`
`
`COUNT 2 - INFRINGEMENT OF U.S. PATENT NO. 7,945,856
`
`29.
`
`On May 17, 2011 United States Patent No. 7,945,856 (“the ‘856 patent”) was
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`duly and legally issued for an invention entitled “System and Method for Enabling Users to
`
`Interact in a Virtual Space.” The ‘856 patent has been assigned by the inventors to Worlds, and
`
`Worlds is the sole and exclusive owner of the ‘856 patent and holds all rights and interests in the
`
`‘856 patent. Among other things, Worlds holds the sole and exclusive rights to manufacture,
`
`use, sell, import and offer to sell under the ‘856 patent and the right to enforce the ‘856 patent
`
`against alleged infringers.
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`30. Worlds has complied with any applicable statutory notice requirement by posting
`
`notice of the ‘856 patent on its website and downloadable software.
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`31.
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`Activision has infringed and continues to infringe one or more claims of the ‘856
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`patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its Worlds of
`
`Warcraft and Call of Duty video games, which each embody one or more claims of the ‘856
`
`patent. Activision also has infringed and continues to infringe one or more claims of the ‘856
`
`patent by contributing to and actively inducing others to use, sell, import, and/or offer for sale its
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`Worlds of Warcraft and Call of Duty video games. Activision is liable for its infringement of the
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`‘856 patent pursuant to 35 U.S.C. § 271.
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`32.
`
`Activision’s acts of infringement have caused damage to Worlds, and Worlds is
`
`entitled to recover from Activision the damages it has sustained as a result of Activision’s
`
`wrongful acts in an amount subject to proof at trial. Worlds has owned the ‘856 patent
`
`throughout the period of Activision’s infringing acts. Activision’s infringement of Worlds’
`
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`exclusive rights under the ‘856 patent will continue to damage Worlds, causing irreparable harm
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`33.
`
`Upon information and belief, Activision’s infringement of the ‘856 patent is
`
`willful and deliberate, entitling Worlds to increased damages under 35 U.S.C. § 284 and to
`
`attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`34.
`
`Activision has been on constructive notice of the ‘856 patent by at least as early
`
`as May 17, 2011 when the ‘856 patent was issued. Moreover, upon information and belief,
`
`Activision has been aware of Worlds’ patent portfolio through its knowledge of Worlds’
`
`infringement litigation against NCSoft Corporation, Civil Action No. 6:08-cv-508 in the Eastern
`
`District of Texas. Nevertheless, Activision has infringed and continues to infringe the ‘856
`
`patent.
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`
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`COUNT 3 - INFRINGEMENT OF U.S. PATENT NO. 7,493,558
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`35.
`
`On February 17, 2009, United States Patent No. 7,493,558 (“the ‘558 patent”)
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`was duly and legally issued for an invention entitled “System and Method for Enabling Users to
`
`Interact in a Virtual Space.” The ‘558 patent has been assigned by the inventors to Worlds, and
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`Worlds is the sole and exclusive owner of the ‘558 patent and holds all rights and interests in the
`
`‘558 patent. Among other things, Worlds holds the sole and exclusive rights to manufacture,
`
`use, sell, import and offer to sell under the ‘558 patent and the right to enforce the ‘558 patent
`
`against alleged infringers.
`
`36. Worlds has complied with any applicable statutory notice requirements by posting
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`notice of the ‘558 patent on its website and downloadable software.
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`37.
`
`Activision has infringed and will continue to infringe one or more claims of the
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`‘558 patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its
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`Worlds of Warcraft and Call of Duty video games, which each embody one or more claims of the
`
`‘558 patent. Activision also has infringed and continues to infringe one or more claims of the
`
`‘558 patent by contributing to and actively inducing others to use, sell, import, and/or offer for
`
`sale its Worlds of Warcraft
`
` and Call of Duty video games. Activision is liable for its
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`infringement of the ‘558 patent pursuant to 35 U.S.C. § 271.
`
`38.
`
`Activision’s acts of infringement have caused damage to Worlds, and Worlds is
`
`entitled to recover from Activision the damages it has sustained as a result of Activision’s
`
`wrongful acts in an amount subject to proof at trial. Worlds has owned the ‘558 patent
`
`throughout the period of the Activision’s infringing acts. Activision’s infringement of Worlds’
`
`exclusive rights under the ‘558 patent will continue to damage Worlds, causing irreparable harm
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`39.
`
`Upon information and belief, Activision’s infringement of the ‘558 patent is
`
`willful and deliberate, entitling Worlds to increased damages under 35 U.S.C. § 284 and to
`
`attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`40.
`
`Activision has been on constructive notice of the ‘558 patent by at least as early
`
`as February 17, 2009, when the ‘558 patent was issued. Moreover, upon information and belief,
`
`Activision has been aware of Worlds’ patent portfolio through its knowledge of Worlds’
`
`infringement litigation against NCSoft Corporation, Civil Action No. 6:08-cv-508 in the Eastern
`
`District of Texas. Nevertheless, Activision has infringed and continues to infringe the ‘558
`
`patent.
`
`
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`COUNT 4 - INFRINGEMENT OF U.S. PATENT NO. 7,181,690
`
`41.
`
`On February 20, 2007, United States Patent No. 7,181,690 (“the ‘690 patent”)
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`was duly and legally issued for an invention entitled “System and Method for Enabling Users to
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`
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`

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`Interact in a Virtual Space.” The ‘690 patent has been assigned by the inventors to Worlds, and
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`Worlds is the sole and exclusive owner of the ‘690 patent and holds all rights and interests in the
`
`‘690 patent. Among other things, Worlds holds the sole and exclusive rights to manufacture,
`
`use, sell, import and offer to sell under the ‘690 patent and the right to enforce the ‘690 patent
`
`against alleged infringers.
`
`42. Worlds has complied with any applicable statutory notice requirements by posting
`
`notice of the ‘690 patent on its website and downloadable software.
`
`43.
`
`Activision has infringed and will continue to infringe one or more claims of the
`
`‘690 patent by its manufacture, use, sale, importation, licensing and/or offer for sale of its
`
`Worlds of Warcraft and Call of Duty video games, which each embody one or more claims of the
`
`‘690 patent. Activision also has infringed and continues to infringe one or more claims of the
`
`‘690 patent by contributing to and actively inducing others to use, sell, import, and/or offer for
`
`sale its Worlds of Warcraft and Call of Duty video games. Activision is liable for its
`
`infringement of the ‘690 patent pursuant to 35 U.S.C. § 271.
`
`44.
`
`Activision’s acts of infringement have caused damage to Worlds, and Worlds is
`
`entitled to recover from Activision the damages it has sustained as a result of Activision’s
`
`wrongful acts in an amount subject to proof at trial. Worlds has owned the ‘690 patent
`
`throughout the period of the Activision’s infringing acts. Activision’s infringement of Worlds’
`
`exclusive rights under the ‘690 patent will continue to damage Worlds, causing irreparable harm
`
`for which there is no adequate remedy at law, unless enjoined by this Court.
`
`45.
`
`Upon information and belief, Activision’s infringement of the ‘690 patent is
`
`willful and deliberate, entitling Worlds to increased damages under 35 U.S.C. §284 and to
`
`attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
`
`46.
`
`Activision has been on constructive notice of the ‘690 patent by at least as early
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`as February 20, 2007, when the ‘690 patent was issued. Moreover, upon information and belief,
`
`Activision has been aware of Worlds’ patent portfolio through its knowledge of Worlds’
`
`infringement litigation against NCSoft Corporation, Civil Action No. 6:08-cv-508 in the Eastern
`
`District of Texas. Nevertheless, Activision has infringed and continues to infringe the ‘690
`
`patent.
`
`PRAYER FOR RELIEF
`
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`WHEREFORE, Worlds requests entry of judgment in its favor and against the Activision
`
`defendants as follows:
`
`a.
`
`Declaring that the Activision defendants have infringed U.S. Patent Nos. 8,082,501;
`
`7,945,856; 7,493,558; and 7,181,690.
`
`b.
`
`Awarding the damages arising out of the Activision defendants’ infringement of U.S.
`
`Patent Nos. 8,082,501; 7,945,856; 7,493,558; and 7,181,690, including enhanced
`
`damages pursuant to 35 U.S.C. § 284, to Worlds, together with prejudgment and post-
`
`judgment interest, in an amount according to proof;
`
`c.
`
`Permanently enjoining the Activision defendants and their respective officers, agents,
`
`employees, and those acting in privity with them, from further infringement,
`
`including contributory infringement and/or inducing infringement, of U.S. Patent
`
`Nos. 8,082,501; 7,945,856; 7,493,558; and 7,181,690;
`
`d.
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`Awarding attorney’s fees pursuant to 35 U.S.C. § 285 or as otherwise permitted by
`
`law; and
`
`e.
`
`Awarding such other costs and further relief as the Court may deem just and proper.
`
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`JURY DEMAND
`
`Worlds requests a trial by jury.
`
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`Dated: March 30, 2012
`
`
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` Respectfully submitted,
`
`
`WORLDS, INC.,
`
`By its attorneys,
`
` /s/ Joel R. Leeman__________
`Joel R. Leeman, BBO # 292070
`Jack C. Schecter, BBO # 652349
`SUNSTEIN KANN MURPHY
` & TIMBERS LLP
`125 Summer Street
`Boston, MA 02110-1618
`Tel: 617-443-9292
`jleeman@sunsteinlaw.com
`jschecter@sunsteinlaw.com
`
`
`Pro hac vice (pending):
`
`Max L. Tribble
`Joseph S. Grinstein
`Sandeep Seth
`Ryan Caughey
`SUSMAN GODFREY L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`(713) 651-9366
`mtribble@susmangodfrey.com
`jgrinstein@susmangodfrey.com
`sseth@susmangodfrey.com
`rcaughey@susmangodfrey.com
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`03795/05001 1618056.1
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