Case 2:19-cv-00310-JRG Document 1 Filed 09/16/19 Page 1 of 21 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Plaintiff,
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`Defendant.
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`Case No.:2:19-cv-00310
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`COMPLAINT
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`GREE, INC.,
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`SUPERCELL OY,
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`v.
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`Plaintiff GREE, Inc. (“GREE”) files this Complaint against Supercell Oy (“Supercell”).
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`In this Complaint, GREE asserts U.S. Patent Nos. 10,076,708 (“the ’708 Patent”) and 10,413,832
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`(“the ’832 patent”) against at least Supercell’s “Boom Beach” and “Clash Royale” games.
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`GREE alleges as follows:
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`PARTIES
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`1.
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`GREE is a corporation organized under the laws of Japan with a principal place of
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`business at 6-10-1, Roppongi, Roppongi Hills Mori Tower Minato-Ku, Tokyo, Japan.
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`2.
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`Supercell is a corporation organized under the laws of Finland, with a principal
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`place of business at Itämerenkatu 11-13, Helsinki, Uusimaa, 00180, Finland.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has jurisdiction over the subject matter of this
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`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Supercell because it has, directly or
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`through agents and/or intermediaries, committed acts within Texas, including within this District,
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`giving rise to this action and/or has established minimum contacts with Texas and this District
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`such that the exercise of jurisdiction would not offend traditional notions of fair play and
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`substantial justice.
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`5.
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`Supercell regularly conducts business in Texas, including this District, and
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`purposefully avails itself of the privileges of conducting business in Texas. In particular,
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`Supercell, directly and/or through its agents and/or intermediaries, makes, uses, imports, offers
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`for sale, sells, and/or advertises its products and affiliated services in Texas, including this
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`District. Supercell has placed, and continues to place, infringing products into the stream of
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`commerce, via an established distribution channel, with the knowledge and/or understanding that
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`such products are sold in the United States including in Texas and specifically including this
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`District.
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`6.
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`Alternatively, and/or in addition, this Court has jurisdiction over Supercell under
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`Federal Rule of Civil Procedure 4(k)(2). This action arises from actions of Supercell directed
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`toward the United States, including (1) committing at least a portion of the infringing acts
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`alleged herein and (2) regularly transacting business, soliciting business, and deriving revenue
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`from the sale of goods and services, including infringing goods and services, to individuals in the
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`United States. Therefore, Supercell has purposefully availed itself of the benefits of the United
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`States, including the Eastern District of Texas, and the exercise of jurisdiction over Supercell
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`would not offend traditional notions of fair play and substantial justice.
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`7.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(c), as Supercell is
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`not a resident of the United States.
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`GREE AND THE ASSERTED PATENTS
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`8.
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`GREE is a global social media company that provides mobile content and
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`services, including games, entertainment, media, and advertising.
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`9.
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`Originally founded in 2004, GREE has long sought to develop and create
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`innovative solutions in gaming and social networking. GREE has sought to protect its
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`investments in innovation by obtaining patent protection. GREE currently holds patents
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`covering various improvements in digital and gaming technology in countries throughout the
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`world, including the United States.
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`10.
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`GREE is the owner by assignment of all right, title, and interest in and to the ’708
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`patent entitled “Game Control Method, Game Server, and Program,” which duly and legally
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`issued on September 18, 2018. A true and correct copy of the ’708 patent is attached to this
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`Complaint as Exhibit A.
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`11.
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`GREE is the owner by assignment of all right, title, and interest in and to the ’832
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`patent entitled “Game Control Method, Game Server, and Program,” which duly and legally
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`issued at 12:00 a.m. Eastern Daylight Time on September 17, 2019.
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`12.
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`The ’708 patent and the ’832 patent (collectively, “the Patents-in-Suit”) share a
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`common specification.
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`13.
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`During Prosecution of the Application that led to the ’708 Patent the Patent Office
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`“agreed that these additional features [added via amendment filed on April 26, 2018], in
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`combination with the remaining limitations of the independent claims, represent ‘significantly
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`more’ than the abstract idea of inventory management.” Response Filed April 26, 2018. Thus,
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`the Examiner agreed that the independent claims “are directed to patent-eligible subject matter
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`under 35 U.S.C. § 101.” Id.
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`14.
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`The claims of the Patents-in-Suit cannot be performed without a computer and are
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`not directed toward fundamental economic practices, methods of organizing human activities, an
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`idea itself, or mathematical formulas.
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`15.
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`The Patents-in-Suit describe and claim innovative communication systems and
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`methods for controlling computer-implemented battle games. ’708 patent at col. 1:40-53. The
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`claims of the Patents-in-Suit are directed to methods carried out by a game control device that
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`communicates with a plurality of communication terminals for providing a game to the
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`communication terminals and to systems for carrying out that method. The claims all recite
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`elements that are tied to a special purpose device, e.g., a game control device for the specific
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`application of controlling a game.
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`16.
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`The invention of the Patents-in-Suit addresses the shortcomings of prior
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`approaches for playing computer-based games, such as how it is relatively “difficult to acquire a
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`battle card or the like with a high rarity value.” Id. at 1:43-44. This problem leads the user to
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`“end[] up with the impression that such an item cannot be acquired at all.” Id. at 1:44-45. Thus,
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`the user “suffers a drastic loss of interest in the game.” Id. at 1:45-46. The claims of the Patents-
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`in-Suit solve these problems.
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`17.
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` In particular, the claims of the Patents-in-Suit “provide[] a game control method,
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`a game server, and a program that can increase the variations on methods for acquiring battle
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`cards and the like.” Id. at 1:48-50. The solution of the claims of the Patents-in-Suit “increase[s]
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`the predictability of the acquisition of a card or the like with a high rarity value or the like.” Id.
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`at 1:51-52. Thus, the claims solve the aforementioned problems and “heighten [the user’s]
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`interest in the game.” Id. at 1:52-53.
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`18.
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`The claims of the Patents-in-Suit are directed to a narrow area of application and
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`thus do not pre-empt others from using the general concept of games or sharing activities using a
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`computer implemented method.
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`19.
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`The claims of the Patents-in-Suit recite more than generic computer functionality
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`and recite steps that are not purely conventional.
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`20.
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`The claims of the ’708 patent recite at least the following elements which, either
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`alone or as an ordered combination, are unconventional and unique, and are not well-known,
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`routine, or conventional: “displaying, during the virtual game, a plurality of cells and acquirable
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`item information that is received from a server over a communication line, the plurality of cells
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`being displayed in the same size, wherein each of a plurality of items extracted from an item
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`information table pertaining to a user is associated with each of the plurality of cells, the plurality
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`of items being selected randomly only from items in the item information table, and at least one
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`of the cells including a character which indicates a rarity value of an item associated with the at
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`least one of the cells.”
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`21.
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`The claims of the ’832 patent recite at least the following elements which, either
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`alone or as an ordered combination, are unconventional and unique, and are not well-known,
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`routine, or conventional: “sending information to a user terminal for displaying, in a virtual
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`game, a sheet comprising the plurality of cells and obtainable item information, the obtainable
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`item information comprising at least one of (i) a total number of items for each item type, (ii) a
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`number of obtained items and (iii) a number of un-obtained items,” “receiving, in the virtual
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`game, a selection request from the user terminal to select one cell among the plurality of cells,”
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`“sending information for differentiating, in the virtual game, a display of the one cell from
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`another cell of the plurality of cells in the sheet, wherein the differentiating of the display of the
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`one cell is done in response to the selection request to select the one cell,” and “sending
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`information for differentiating, in the virtual game, a display of the one cell from another cell of
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`the plurality of cells in the sheet, wherein the differentiating of the display of the one cell is done
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`in response to the selection request to select the one cell.”
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`22.
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`The claims of the Patents-in-Suit recite improvements over prior art and
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`conventional gaming devices, systems, and methods represent meaningful limitations and/or
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`inventive concepts. Further, in view of these specific improvements, the inventions of the
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`asserted claims, when such claims are viewed as a whole and in ordered combination, are not
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`routine, well-understood, conventional, generic, existing, commonly used, well-known,
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`previously known, or typical.
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`GENERAL ALLEGATIONS
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`23.
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`Supercell makes, uses, sells, offers for sale, and/or imports into the United States
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`gaming systems, software, or methods for controlling games, including Boom Beach and Clash
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`Royale.
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`24.
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`Boom Beach and Clash Royale operate on computers and mobile devices,
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`including those with iOS and Android operating systems.
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`25.
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`Supercell operates, places into service, or otherwise controls a plurality of servers
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`worldwide, including in the United States, on which Supercell operates, and its customers and
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`other users use, software related to Boom Beach and Clash Royale and on which Supercell stores
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`user data associated with the product.
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`26.
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`Boom Beach and Clash Royale both have millions of registered users worldwide,
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`including in the United States and Texas.
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`27.
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`On September 12, 2016, GREE sent a letter to Supercell informing Supercell of
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`the Japanese Parent of the Patents-in-Suit, JP5925369. Further, Supercell filed an action based
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`on infringement of JP6276314, which is a divisional application of JP5925369. That action was
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`assigned case number H30(YO)22064 at the Tokyo District Court. GREE filed its Complaint on
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`May 25, 2018 and Supercell filed its Answer on June 13, 2018. In view of this notice, Supercell
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`has either been aware of or willfully blind to the ’708 patent since its issuance on September 18,
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`2018. Supercell’s infringement of the ’708 patent since September 18, 2018 has been and
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`continues to be willful.
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`28.
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`Supercell has had knowledge of the Patents-in-Suit since at least the filing date of
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`this Complaint, and its continued infringement is willful.
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`29.
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`GREE’s infringement allegations presented below are exemplary, and do not
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`necessarily detail every manner in which Supercell’s products infringe the Patents-in-Suit, nor do
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`so for each product that infringes. GREE will provide additional details in its infringement
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`contentions.
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`COUNT I—Infringement of the ’708 Patent
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`30.
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`GREE re-alleges and incorporates by reference each and every allegation
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`contained in the paragraphs above as if fully set forth herein.
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`31.
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`Supercell directly infringes at least claim 1 of the ’708 patent, for example, by,
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`without authority, making, using, importing, selling, or offering to sell Boom Beach in the
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`United States, in violation of 35 U.S.C. § 271(a). For example, claim 1 of the ’708 patent
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`recites:
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`1. [preamble] game control method composing the steps of:
`(a) initializing a virtual game;
`(b) displaying, during the virtual game, a plurality of cells and acquirable
`item information that is received from a server over a communication line, the
`plurality of cells being displayed in the same size, wherein each of a plurality of
`items extracted from an item information table pertaining to a user is associated
`with each of the plurality of cells, the plurality of items being selected randomly
`only from items in the item information table, and at least one of the cells
`including a character which indicates a rarity value of an item associated with the
`at least one of the cells;
`(c) receiving, during the virtual game, a selection request selecting one of
`the plurality of cells and sending the selection request to the server; and
`(d) displaying, during the virtual game, an item associated with the selected
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`cell, which is determined by the server based on the selection request.
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`32.
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`For example, and by way of exemplary illustration, Supercell’s Boom Beach
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`game infringes as follows. To the extent the preamble is found to be limiting, Boom Beach
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`satisfies the preamble of claim 1 because Supercell manages servers that control Boom Beach.
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`See, e.g. https://aws.amazon.com/solutions/case-studies/supercell/. The Boom Beach
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`application allows users to:
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`- Play with millions of other players, raid hundreds of enemy bases for loot
`- Battle for control of precious resources to upgrade your base against enemy
`attacks
`- Explore a huge tropical archipelago and discover the mysterious power of
`the Life Crystals
`- Face fearsome Blackguard Bosses and uncover their evil plans
`- Join other players to form an unstoppable Task Force to take on co-op
`missions
`https://apps.apple.com/app/reef/id672150402; see also
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`https://boombeach.com/articles/news/blog/from-the-devs-desk.html.
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`33.
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`Boom Beach infringes element 1(a) and element 1(b) because Supercell initializes
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`a virtual game and displays in the virtual game a plurality of cells and acquirable item
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`information (e.g., “Life Fragment,” “Gold,” or “Stone”) that is received from a server over a
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`communication line (e.g., the Internet). As shown below, the plurality of cells are displayed in
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`the same size.
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`34.
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`Boom Beach further infringes element 1(b) because each of a plurality of items
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`extracted from an item information table pertaining to a user is associated with each of the
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`plurality of cells. For example, the rewards displayed in the “daily reward” screen are retrieved
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`from predetermined rewards according to the user’s class, e.g., as shown below, a user with a
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`higher rank may “access more Intel, Trader Tickets, better Supply Chests and Daily Rewards.”
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`35.
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`Boom Beach further infringes element 1(b) because, on information and belief,
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`the plurality of items are selected randomly from items in the item information table, and at
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`least one of the cells including a character which indicates a rarity value (e.g., a “fragment,” as
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`shown below or a “shard” or “crystal”) of an item associated with the at least one of the cells.
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`See, e.g., https://boombeach.fandom.com/wiki/Power_Stone; see also
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`https://supercell.helpshift.com/a/boom-beach/?l=en&p=web&s=sculptor-power-
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`stones&f=power-stone-chance---how-does-it-work (“There’s a chance that you will find Power
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`Stones any time you attack an island. Fragments are the most common stone you will find
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`Shards are a bit more rare, and Crystals are the most uncommon. Your chance of finding
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`Power Stones in an opponent’s Headquarters are 25%, and 2% for all other buildings. The
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`chances do not accumulate; as they are calculated separately for each building. Having a Power
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`Stone Chance Statue will increase your chances, however it makes no guarantees. For example:
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`if you have a +100% Power Stone Chance Statue, your chances rise to 50% and 4% (instead of
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`25% and 2%).”).
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`36.
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`Boom Beach infringes element 1(c) because the user can enter, during the
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`virtual game, a selection request selecting one of the plurality of cells and sending the selection
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`request to the server. For example, in the “daily reward” screen, each of the icons “select this”
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`is displayed in each cells for the rewards. It is possible to select the reward by selecting the
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`icon “select this” associated with the reward to be selected.
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`37.
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`Boom Beach infringes element 1(d) because the game displays an item
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`associated with the selected cell, which is determined by the server based on the selection
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`request. For example, as shown below, when the icon “select this” corresponding to “stone” is
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`selected in the “daily reward” screen, the amount of stone in the stone gauge changes from
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`108,724 (before selection) to 111,724 (after selection).
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`38.
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`Supercell indirectly infringes the claims of the ’708 patent within the United
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`States by inducing infringement under 35 U.S.C. § 271(b). For example, since learning of the
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`’708 patent and by failing to cease offering Boom Beach, Supercell has knowingly and
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`intentionally induced users of Boom Beach to directly infringe one or more claims of the ’708
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`patent, inter alia, by (1) providing instructions or information, for example on publicly
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`available websites (see, e.g., https://supercell.helpshift.com/a/boom-beach/?p=web and linked
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`pages), to explain how to use the Boom Beach application in an infringing manner, including
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`the use of the Boom Beach application in the manners described in the foregoing paragraphs,
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`which are expressly incorporated herein, and (2) touting these infringing uses of Boom Beach
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`in advertisements, including but not limited to those listed on or available from their websites
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`and other mobile application marketplace websites.
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`39.
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`Supercell indirectly infringes the claims of the ’708 patent by contributing to the
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`direct infringement by end users under 35 U.S.C. § 271(c), for example, by providing Boom
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`Beach, which, as evidenced by Supercell’s websites and advertisements (see, e.g.,
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`https://supercell.helpshift.com/a/boom-beach/?p=web and linked pages), is especially made for
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`use in a manner that infringes one or more claims of the ’708 patent as described herein and has
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`no substantial non-infringing uses.
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`40.
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`GREE has been and continues to be injured by Supercell’s infringement of the
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`’708 patent. GREE is entitled to recover damages adequate to compensate it for Supercell’s
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`infringing activities in an amount to be determined at trial, but in no event less than a
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`reasonable royalty.
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`41.
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`Unless enjoined by this Court, Supercell’s acts of infringement will continue to
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`damage and cause irreparable harm to GREE.
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`42.
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`Supercell’s infringement of the ’708 patent has been willful and deliberate.
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`Supercell has known of the ’708 patent and its infringement thereof and continued its unlawful
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`actions nevertheless. GREE is therefore entitled to increased damages under 35 U.S.C. § 284
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`and attorneys’ fees and costs under 35 U.S.C. § 285.
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`COUNT II—Infringement of the ’832 Patent
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`43.
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`GREE re-alleges and incorporates by reference each and every allegation
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`contained in the paragraphs above as if fully set forth herein.
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`44.
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`Supercell directly infringes at least claim 1 of the ’832 patent, for example, by,
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`without authority, making, using, importing, selling, or offering to sell Clash Royale in the
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`United States, in violation of 35 U.S.C. § 271(a). For example, claim 1 of the ’832 patent
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`recites:
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`1. [preamble] A game control method executed by a game server, the
`method comprising:
`[a] associating, in a memory of the game server, each of a plurality of cells
`with each of extracted items extracted from the memory;
`[b] sending information to a user terminal for displaying, in a virtual game, a
`sheet comprising the plurality of cells and obtainable item information, the
`obtainable item information comprising at least one of (i) a total number of items
`for each item type, (ii) a number of obtained items and (iii) a number of un-
`obtained items;
`[c] receiving, in the virtual game, a selection request from the user terminal
`to select one cell among the plurality of cells;
`[d] sending information for differentiating, in the virtual game, a display of
`the one cell from another cell of the plurality of cells in the sheet, wherein the
`differentiating of the display of the one cell is done in response to the selection
`request to select the one cell; and
`[e] providing, in the virtual game, an item of the extracted items that is
`associated with the one cell to a user of the user terminal.
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`45.
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`For example, and by way of exemplary illustration, Supercell’s Clash Royale
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`game infringes as follows. To the extent the preamble is found to be limiting, Clash Royale
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`satisfies the preamble of claim 1 because Supercell manages servers that control Clash Royale.
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`See, e.g. https://aws.amazon.com/s`olutions/case-studies/supercell/. The Clash Royale
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`application allows users to “[d]uel players from around the world in real-time in both 1v1 and
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`2v2 Battles” using computers or mobile devices running iOS or Android processing systems.
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`See https://itunes.apple.com/us/app/clashroyale/id1053012308?mt=8; see also
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`https://clashroyale.com/blog/news/about-the-game.
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`46.
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`Clash Royale infringes element 1(a) because it associates, in a memory of a
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`game server, each of a plurality of cells with each of extracted items extracted from memory.
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`For example, as shown below in the screen “Select Card to Request”, Cards arranged in cells of
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`a sheet are displayed to the user in a selectable manner. See
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`https://www.youtube.com/watch?v=ytIjhjJOX_w
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`47.
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`Clash Royale infringes element 1(b) because it sends information to a user
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`terminal for displaying, in a virtual game, a sheet comprising the plurality of cells and
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`obtainable item information, the obtainable item information comprising at least one of (i) a
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`total number of items for each item type, (ii) a number of obtained items and (iii) a number of
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`un-obtained items. For example, as is shown in the figure above and below, in the screen
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`“Select Card to Request”, Cards arranged in cells of a sheet are displayed to the user in a
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`selectable manner, and in this screen, at least (ii) a number of obtained items and (iii) a number
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`of un-obtained items are displayed.
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`48.
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`Clash Royale infringes element 1(c) because it receives a selection request from
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`the user terminal to select one cell among the plurality of cells. For example, a user can select
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`the cell to request a card associated with the cell.
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`49.
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`Clash Royale infringes element 1(d) because it sends information for
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`differentiating, in the virtual game, a display of the one cell from another cell of the plurality of
`
`cells in the sheet, wherein the differentiating of the display of the one cell is done in response to
`
`the selection request to select the one cell. For example, as shown below, the selected cell is
`
`differentiated by bordering it with a different color (e.g., blue).
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`Case 2:19-cv-00310-JRG Document 1 Filed 09/16/19 Page 18 of 21 PageID #: 18
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`50.
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`Clash Royale infringes element 1(e) because it provides, in the virtual game, an
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`item of the extracted items that is associated with the one cell to a user of the user terminal.
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`For example, when other user donates the card (that was requested from a requesting user), the
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`card is provided to the requesting user.
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`Case 2:19-cv-00310-JRG Document 1 Filed 09/16/19 Page 19 of 21 PageID #: 19
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`
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`51.
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`Supercell indirectly infringes the claims of the ’832 patent within the United
`
`States by inducing infringement under 35 U.S.C. § 271(b). For example, since learning of the
`
`’832 patent and by failing to cease offering Clash Royale, Supercell has knowingly and
`
`intentionally induced users of Clash Royale to directly infringe one or more claims of the ’832
`
`patent, inter alia, by (1) providing instructions or information, for example on publicly
`
`available websites (see, e.g., https://supercell.helpshift.com/a/clash-royale/?p=web&s=battle
`
`and linked pages), to explain how to use the Clash Royale application in an infringing manner,
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`including the use of the Clash Royale application in the manners described in the foregoing
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`paragraphs, which are expressly incorporated herein, and (2) touting these infringing uses of
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`Clash Royale in advertisements, including but not limited to those listed on or available from
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`their websites and other mobile application marketplace websites.
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`Case 2:19-cv-00310-JRG Document 1 Filed 09/16/19 Page 20 of 21 PageID #: 20
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`
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`52.
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`Supercell indirectly infringes the claims of the ’832 patent by contributing to the
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`direct infringement by end users under 35 U.S.C. § 271(c), for example, by providing Clash
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`Royale, which, as evidenced by Supercell’s websites and advertisements (see, e.g.,
`
`https://supercell.helpshift.com/a/clash-royale/?p=web&s=battle and linked pages), is especially
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`made for use in a manner that infringes one or more claims of the ’832 patent as described
`
`herein and has no substantial non-infringing uses.
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`53.
`
`GREE has been and continues to be injured by Supercell’s infringement of the
`
`’832 patent. GREE is entitled to recover damages adequate to compensate it for Supercell’s
`
`infringing activities in an amount to be determined at trial, but in no event less than a
`
`reasonable royalty.
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`54.
`
`Unless enjoined by this Court, Supercell’s acts of infringement will continue to
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`damage and cause irreparable harm to GREE.
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`55.
`
`Supercell’s infringement of the ’832 patent has been willful and deliberate.
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`Supercell has known of the ’832 patent and its infringement thereof and continued its unlawful
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`actions nevertheless. GREE is therefore entitled to increased damages under 35 U.S.C. § 284
`
`and attorneys’ fees and costs under 35 U.S.C. § 285.
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`PRAYER FOR RELIEF
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`WHEREFORE, GREE prays for relief in its favor, as follows:
`
`A.
`
`B.
`
`Enter a judgment that Supercell has infringed the Patents-in-Suit;
`
`Grant a permanent injunction restraining and enjoining Supercell and its officers,
`
`directors, agents, servants, employees, successors, assigns, parents, subsidiaries, affiliated or
`
`related companies, and attorneys from directly or indirectly infringing the Patents-in-Suit;
`
`C.
`
`Enter a declaration that the case is exceptional and correspondingly award GREE
`
`attorney fees and costs under 35 U.S.C. § 285;
`
`
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`Case 2:19-cv-00310-JRG Document 1 Filed 09/16/19 Page 21 of 21 PageID #: 21
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`
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`D.
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`Award damages, enhanced damages and prejudgment interest to GREE under 35
`
`U.S.C. § 284;
`
`E.
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`Grant such other and further relief as this Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
`
`GREE hereby demands a jury trial on all issues appropriately triable by a jury.
`
`
`
`
`
`DATED: September 17, 2019
`
`Respectfully submitted,
`
`GILLAM & SMITH, LLP
`
`
`
`
`
`Of Counsel:
`
`
`
`
`
`
`
`By:
`
`
`/s/ Harry L. Gillam, Jr.
`MELISSA R. SMITH
`(Texas State Bar No. 24001351)
`HARRY L. GILLAM, JR.
`(Texas State Bar No. 07921800)
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`Email: gil@gillamsmithlaw.com
`
`
`
`
`
`KILPATRICK TOWNSEND & STOCKTON
`LLP
`STEVEN D. MOORE (CA Bar No. 290875)
`TAYLOR PFINGST (CA Bar No. 316516)
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Telephone: 415 576 0200
`Facsimile: 415 576 0300
`Email: smoore@kilpatricktownsend.com
`Email: tpfingst@kilpatricktownsend.com
`
`Attorneys for Plaintiff
`GREE, Inc.
`
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`- 21 -
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`