Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 1 of 38
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`IGT and IGT CANADA SOLUTIONS ULC,
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`ZYNGA INC.,
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`Defendant.
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`Plaintiffs,
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`v.
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`C.A. No. 6:21-CV-00331-ADA
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs IGT (“IGT US”) and IGT Canada Solutions ULC (“IGT Canada”) (together,
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`“IGT”), for their First Amended Complaint for Patent Infringement against Defendant Zynga Inc.
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`(“Zynga”), allege the following:
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`NATURE OF THE ACTION
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`1.
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`This is an action for infringement of United States Patent Nos. 8,708,791;
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`9,159,189; 7,168,089; 7,303,473; 8,795,064; and 8,266,212 (collectively, the “Asserted Patents”),
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`arising under the patent laws of the United States, Title 35 of the United States Code, including
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`§ 271 and §§ 281–285.
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`THE PARTIES
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`2.
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`Plaintiff IGT US is a corporation organized and existing under the laws of the State
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`of Nevada, having a place of business located at 6355 South Buffalo Drive, Las Vegas, Nevada
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`89113.
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`3.
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`Plaintiff IGT Canada Solutions ULC is a Canadian unlimited liability company
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`organized and existing under the laws of Nova Scotia, having a place of business located at 328
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`Urquhart Avenue, Moncton, New Brunswick E1H 2R6, Canada. IGT US and IGT Canada are
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`subsidiaries of International Game Technology PLC, which is listed on the New York Stock
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`Exchange under the trading symbol “IGT.” IGT is a world leader in gaming entertainment and a
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`leading supplier of casino and lottery machines.
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`4.
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`Upon information and belief, Defendant Zynga is a corporation organized and
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`existing under the laws of the State of Delaware, having a place of business located at 12357-A,
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`Riata Trace Pkwy #200, Austin, Texas 78727.
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`JURISDICTION AND VENUE
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`5.
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`This is a civil 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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`6.
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`7.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`This Court has personal jurisdiction over Zynga because Zynga has a place of
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`business in this District, has committed acts within this District giving rise to this action, and has
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`established minimum contacts with this forum such that the exercise of jurisdiction over Zynga
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`would not offend traditional notions of fair play and substantial justice. Zynga has committed and
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`continues to commit acts of infringement in this District by, among other things, developing,
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`making, testing, using, and providing instrumentalities that infringe one or more claims of the
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`Asserted Patents.
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`8.
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`Venue is proper in this judicial district under 28 U.S.C. § 1400(b). For instance,
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`Zynga has a regular and established place of business in at least Austin, Texas, and has committed
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`acts of infringement in this District and Division.
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`FACTUAL BACKGROUND
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`I.
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`IGT and Remote Gaming
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`9.
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`With more than 12,000 employees worldwide, IGT (NYSE: IGT) enables players
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`to experience their favorite games across various market channels and regulated segments, from
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`2
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`gaming machines and lotteries to digital and social platforms. IGT’s gaming solutions anticipate
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`and meet consumer demands—wherever they choose to play—by leveraging IGT’s portfolio of
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`premium and proprietary content, substantial investments in innovation, in-depth customer
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`intelligence, significant operational expertise, and novel, industry-leading technologies. IGT has
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`a well-established presence locally and internationally, including relationships with governments
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`and regulators in more than 100 countries around the world. For more than thirty years, IGT has
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`created and driven value by adhering to the highest standards of service, integrity, and
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`responsibility in the gaming industry.
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`10.
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`In addition to IGT’s established brick-and-mortar casino and lottery operations,
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`IGT is a world leader and innovator in the markets for remote gaming and social casinos. IGT
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`offers a complete portfolio of award-winning digital gaming products, platforms, and services.
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`With substantial investments in research and development, IGT’s solutions are flexible, scalable,
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`and backed by a market-leading technology investment program to ensure players will always
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`catch the next wave of innovation. For example, IGT’s Remote Game Server (“RGS”) is home to
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`over 100 themed games, including some of the industry’s most celebrated titles, such as
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`Cleopatra®, Golden Goddess®, and Wheel of Fortune®. In fact, in May 2017, IGT announced
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`that the RGS would also house the leading online gaming site PokerStars Casino. The RGS
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`contains a vast library of new and proven games and features that ignite player excitement and
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`engagement in markets around the world.
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`11.
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`IGT’s products and services include, for example, its PlayAnywhere, PlaySports,
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`PlayLottery, PlayPlatform, and PlayService offerings, as advertised on its website:
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`3
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`https://www.igt.com/products-and-services/playdigital (last visited May 3, 2021).
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`12.
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`IGT’s PlayAnywhere offerings further include, for example, PlayCasino,
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`PlayPoker, PlayBingo, and PlayInstants:
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`https://www.igt.com/products-and-services/playdigital/playanywhere (last visited May 3, 2021).
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`13.
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`To protect these and other valuable and proprietary technologies, IGT has heavily
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`invested in acquiring and maintaining its intellectual property, including cultivating a portfolio of
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`approximately 3,400 United States patents and pending applications, and hundreds more in
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`Europe, Australia, and Asia.
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`II.
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`Zynga and the Accused Instrumentalities
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`14.
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`Zynga labels itself “a leading developer of the world’s most popular social games
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`that are played by millions of people around the world each day.” https://www.zynga.com/ (last
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`visited May 3, 2021). According to Zynga, “more than one billion people” have played its games
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`“across the Web and mobile” to date. Id. Upon information and belief, Zynga has made, used,
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`sold, or offered to sell in the United States, or imported into the United States, infringing
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`instrumentalities, including servers and other hardware and software enabling players to play its
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`various game offerings (“Accused Instrumentalities”), including, but not limited to, Zynga Poker,
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`The Wizard of Oz, Game of Thrones, Mustang Money, Hit It Rich, other spin slot machine games,
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`Words With Friends, Farmville, Loyalty Lounge, and other game offerings.
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`15.
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`IGT realleges and incorporates by reference the foregoing allegations as though
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`COUNT I
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`fully set forth herein.
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`16.
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`U.S. Patent No. 8,708,791 (“the ’791 Patent”) is attached hereto as Exhibit A. The
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`’791 Patent is entitled “Detecting and preventing bots and cheating in online gaming.”
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`17.
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`IGT US is the owner of all rights, title, and interest in the ’791 Patent, which issued
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`on April 29, 2014.
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`18.
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`19.
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`The ’791 Patent is valid and enforceable.
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`In violation of at least 35 U.S.C. § 271(a), Zynga is liable for direct infringement
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`of at least one claim of the ’791 Patent, including without limitation claim 1, having made, used,
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`5
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`sold, offered to sell, or imported into the United States, the Accused Instrumentalities, including,
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`for example, its Zynga Poker offering, which satisfy each and every limitation of one or more
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`claims of the ’791 Patent. Zynga thereby directly infringed and infringes one or more claims of
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`the ’791 Patent.
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`20.
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`Upon information and belief, in conjunction with its Accused Instrumentalities,
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`Zynga infringed and infringes, for example, claim 1 of the ’791 Patent, either literally or under the
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`doctrine of equivalents.
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`21.
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`Though preambles generally are not limiting, Zynga performs “[a] gaming method
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`in a gaming system having a plurality of host devices and at least one game server” comprising
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`the steps described below. For example, the Accused Instrumentalities, including Zynga Poker,
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`allow multiple players to participate in a game using their personal computers, mobile phones, and
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`other personal devices. The Accused Instrumentalities connect the users to the server that hosts
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`the game.
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`https://www.zynga.com/games/zynga-poker/ (last visited May 3, 2021).
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`22.
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`Claim 1 further recites: “providing, by plurality of host devices and the at least one
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`game server, an online wagering game[.]” Zynga, through its Accused Instrumentalities, including
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`Zynga Poker, provides an online wagering game (e.g., Texas Hold ‘Em) using the players’ host
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`devices or internal Zynga devices used during development and testing, and the server hosting the
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`game.
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`6
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`https://www.zynga.com/games/zynga-poker/ (last visited May 3, 2021).
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`23.
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`Claim 1 further recites: “presenting, by plurality of host devices, game data
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`required for participation in the online wagering game in a format that requires a human interface
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`or the use of pattern recognition methods[.]” For example, while playing an Accused
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`Instrumentality, such as Zynga Poker, the user is presented with playing card data, level
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`information, wager information, and images of other players that are currently interfacing with
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`that game session.
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`24.
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`Claim 1 further recites: “gathering, by the plurality of host devices, game play data
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`while players are using the plurality of host devices to play Internet wagering games[.]” The
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`Accused Instrumentalities collect certain event and/or player information using, inter alia, hooks
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`and cookies to record and track such information.
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`https://medium.com/@kendallwillets/the-zynga-analytics-system-part-1-overview-39c80df694be
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`(last visited May 3, 2021).
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`https://towardsdatascience.com/democratize-data-like-zynga-facebook-and-ebay-do-
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`b15a7325c54a (last visited May 3, 2021).
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`8
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`https://www.zynga.com/privacy/ca-notice/ (last visited May 3, 2021).
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`https://blog.amplitude.com/zynga-analytics-at-its-peak (last visited May 3, 2021).
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`25.
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`Claim 1 further recites: “analyzing, by the at least one game server, the game play
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`data to determine individual players’ typical gaming styles and times of deviation from the typical
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`gaming styles[.]” Zynga analyzes the collected data, for example, by “dedicat[ing] people to
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`analyze and design experiments for every game” and by “track[ing] how users interact with the
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`games.”
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`https://towardsdatascience.com/democratize-data-like-zynga-facebook-and-ebay-do-
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`b15a7325c54a (last visited May 3, 2021). Additionally, Zynga monitors deviations from typical
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`gaming styles, for example, by tracking and identifying instances of hacking, cheating, or
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`violations of Zynga’s Terms of Service.
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`https://www.zynga.com/security/hacks-bots-and-cheats (last visited May 3, 2021).
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`26.
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`Claim 1 finally recites: “comparing, by the at least one game server, times of
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`deviation from players’ typical gaming styles to determine instances of probable collusion between
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`players.” Zynga monitors game play and user data to detect times of deviations from typical
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`gaming styles to determine, inter alia, instances of possible collusion between players or other
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`methods of cheating.
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`10
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`https://www.pokerkedi.com/zynga-poker-cheaters.html (last visited May 3, 2021).
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`https://zyngasupport.helpshift.com/a/zynga-poker/?s=suspended-accounts&f=why-was-my-
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`account-suspended (last visited May 3, 2021).
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`https://www.zynga.com/security/hacks-bots-and-cheats (last visited May 3, 2021).
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`27.
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`Therefore, Zynga has directly infringed, and continues to directly infringe, one or
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`more claims of the ’791 Patent. Zynga has had actual knowledge of the patent and its infringement
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`thereof at least as of service of the Complaint for Patent Infringement, D.I. 1. Despite having
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`knowledge of the patent and its infringement, Zynga continued and still continues to infringe at
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`least one claim of the patent. Thus, Zynga is deliberately, intentionally, and willfully infringing
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`the ’791 Patent. As a direct result of Zynga’s infringing acts, IGT US has suffered and will
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`continue to suffer damages and irreparable harm.
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`COUNT II
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`28.
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`IGT realleges and incorporates by reference the foregoing allegations as though
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`fully set forth herein.
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`29.
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`U.S. Patent No. 9,159,189 (“the ’189 Patent”) is attached hereto as Exhibit B. The
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`’189 Patent is entitled “Mobile gaming device carrying out uninterrupted game despite
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`communications link disruption.”
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`30.
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`IGT Canada is the owner of all rights, title, and interest in the ’189 Patent, which
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`issued on October 13, 2015.
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`31.
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`32.
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`The ’189 Patent is valid and enforceable.
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`In violation of at least 35 U.S.C. § 271(a), Zynga is liable for direct infringement
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`of at least one claim of the ’189 Patent, including without limitation claims 1 and 10, having made,
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`used, sold, offered to sell, or imported into the United States, the Accused Instrumentalities,
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`including for example, its Mustang Money offering, which satisfy each and every limitation of one
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`or more claims of the ’189 Patent. Zynga thereby directly infringed and infringes one or more
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`claims of the ’189 Patent.
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`33.
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`Upon information and belief, in conjunction with its Accused Instrumentalities,
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`Zynga infringed and infringes, for example, claim 1 of the ’189 Patent, either literally or under the
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`doctrine of equivalents.
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`34.
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`Though preambles generally are not limiting, Zynga performs “[a] remote gaming
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`method” comprising the steps described below.
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`35.
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`Claim 1 recites: “establishing a wireless communications link between a mobile
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`gaming device, operated by a player, and a stationary gaming terminal that carriers out a gaming
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`program[.]” Zynga, when providing its Accused Instrumentalities, including Mustang Money,
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`establishes a wireless communications link between a user’s mobile gaming device and a server
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`in order to carry out the chosen game.
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`36.
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`Claim 1 further recites: “receiving player control signals by the gaming terminal
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`from the mobile gaming device to initiate a game; displaying game animation on the mobile
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`gaming device for the game conveying to the player that the game is presently occurring; carrying
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`out the game by the gaming terminal, including determining a final outcome of the game and any
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`award for the outcome; transmitting signals from the gaming terminal to the mobile gaming device
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`identifying the final outcome of the game and the award; stopping the game animation for the
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`game and displaying, by the mobile gaming device, the final outcome of the game and the
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`award[.]” As shown below, Zynga’s Mustang Money, for example, enables a user to play Mustang
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`Money on a mobile device while the user’s control signals are received by a server. The game
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`then displays the game animation on the mobile device. The Zynga server carries out the game,
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`including determining an outcome and any award. At the end of the game, the animation stops
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`(e.g., the reels in Mustang Money stop), and the final outcome is displayed.
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`Screenshots of Mustang Money.
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`37.
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`Claim 1 further recites: “in the event of a communications link failure between the
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`mobile gaming device and the gaming terminal during the game, prior to receiving the signals by
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`the mobile gaming device identifying the final outcome of the game and the award but after the
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`game animation for the game has begun, performing the method comprising[.]” In the event of a
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`communications link failure, the Accused Instrumentalities perform the steps described below.
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`38.
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`Claim 1 further recites: “extending the game animation for the game by the mobile
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`gaming device during the communications link failure beyond a typical time for the game until the
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`communications link has been re-established[.]” In the event of an interruption (e.g., an
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`interruption in a user’s Wi-Fi connection), the Accused Instrumentalities extend a game animation
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`during the interruption. In Mustang Money, for example, the animated reels continue to spin
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`during a communications link failure.
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`39.
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`Claim 1 further recites: “once the communication link has been re-established,
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`transmitting the signals to the mobile gaming device identifying the final outcome of the game and
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`the award, stopping the game animation for the game, and displaying, by the mobile gaming
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`device, the final outcome of the game and the award, such that the game perceived by the player
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`is not interrupted during the communications link failure.” Once the communications link is
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`restored (e.g., restoration of the user’s Wi-Fi connection), the animation is stopped and the final
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`outcome of the game including any award is displayed on the screen. In Mustang Money, for
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`example, upon restoration of a communications link failure, the animated reels cease spinning and
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`the outcome and any score resulting from the user’s gameplay is displayed.
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`40.
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`Upon information and belief, in conjunction with its Accused Instrumentalities,
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`Zynga infringed and infringes, for example, claim 10 of the ’189 Patent, either literally or under
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`the doctrine of equivalents.
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`41.
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`Though preambles generally are not limiting, Zynga’s Accused Instrumentalities
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`comprise “a gaming system comprising a stationary gaming terminal communicating with a
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`mobile gaming device, the system being programmed to carry out the method comprising” the
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`limitations similar to those recited in claim 1. For example, the Accused Instrumentalities include
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`a gaming system. The gaming system allows users and subscribers to play Zynga’s game
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`offerings, including Mustang Money. The system comprises one or more Zynga servers that hosts
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`the information and data for allowing end users and subscribers to play the Zynga game offerings,
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`including Mustang Money. The Zynga servers may communicate with users’ or subscribers’
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`computers or mobile devices for playing Zynga game offerings, including Mustang Money.
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`Further, Zynga’s gaming system is programmed to carry out the steps recited in claim 10, which
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`are similar to the steps recited in claim 1 of the ’189 Patent, as described above with respect to the
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`allegations set forth for claim 1.
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`42.
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`Therefore, Zynga has directly infringed, and continues to directly infringe, one or
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`more claims of the ’189 Patent.
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`43.
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`In violation of 35 U.S.C. § 271(b), Zynga induced and continues to induce
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`infringement literally and/or under the doctrine of equivalents of at least one claim of the ’189
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`Patent, including without limitation claim 10, by providing third parties with the Accused
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`Instrumentalities along with instructions for use that, when followed in an intended manner and in
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`a normal mode of operation, Zynga knows infringes at least one claim of the ’189 Patent. For
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`example, Zynga has induced and continues to induce infringement by third parties, such as end
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`users and subscribers of Zynga’s Accused Instrumentalities. When end users or subscribers play
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`Zynga’s Mustang Money offering, for example, they use the “gaming system comprising a
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`stationary gaming terminal communicating with a mobile gaming device” recited in claim 10 of
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`the ’189 Patent, i.e., they put the system into service by controlling the invention as a whole and
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`obtaining benefit from it, in accordance with the allegations set forth above. On information and
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`belief, such end users and subscribers include, for example, individuals located in this District and
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`Division. By providing users with the Accused Instrumentalities and instructions for use, Zynga
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`specifically intends for users to infringe at least one claim of the ’189 Patent.
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`44.
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`In violation of 35 U.S.C. § 271(c), Zynga contributed and continues to contribute
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`to infringement literally and/or under the doctrine of equivalents of at least one claim of the ’189
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`Patent, including without limitation claim 10, by selling or offering to sell the Accused
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`Instrumentalities. Upon information and belief, the Accused Instrumentalities constitute a material
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`part of the inventions claimed in the ’189 Patent and Zynga has knowledge that the Accused
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`Instrumentalities are especially made or adapted for use in the infringement of at least one claim
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`of the ’189 Patent. Upon information and belief, the Accused Instrumentalities are not staple
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`articles or commodities of commerce suitable for substantial noninfringing use. Zynga’s actions
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`have contributed and continue to contribute to infringement by third parties, such as end users and
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`subscribers of Zynga’s Accused Instrumentalities. On information and belief, such end users and
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`subscribers include individuals located in this District and Division.
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`45.
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`In violation of 35 U.S.C. § 271(f)(1), Zynga induced and continues to induce
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`infringement literally and/or under the doctrine of equivalents of at least one claim of the ’189
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`Patent, including without limitation claim 10, by supplying the Accused Instrumentalities or
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`causing the Accused Instrumentalities to be supplied in or from the United States. See, e.g.,
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`www.zynga.com (last visited May 3, 2021) (“Zynga is a leading developer of the world’s most
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`popular social games that are played by millions of people around the world each day.”). Upon
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`information and belief, the Accused Instrumentalities constitute all or a substantial portion of the
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`devices claimed in the ’189 Patent. Upon information and belief, the Accused Instrumentalities
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`are uncombined in whole or part, in such a manner as to actively encourage their combination
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`outside of the United States in a manner that would infringe at least one claim of the ’189 Patent
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`if such combination occurred within the United States.
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`46.
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`In violation of 35 U.S.C. § 271(f)(2), Zynga contributed and continues to contribute
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`to infringement literally and/or under the doctrine of equivalents of at least one claim of the ’189
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`Patent, including without limitation claim 10, by supplying the Accused Instrumentalities or
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`causing the Accused Instrumentalities to be supplied in or from the United States. See, e.g.,
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`www.zynga.com (last visited May 3, 2021) (“Zynga is a leading developer of the world’s most
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`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 18 of 38
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`popular social games that are played by millions of people around the world each day.”). Upon
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`information and belief, the Accused Instrumentalities are especially made or especially adapted
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`for use in the devices claimed in the ’189 Patent. Upon information and belief, the Accused
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`Instrumentalities are not staple articles or commodities of commerce suitable for substantial
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`noninfringing use. Upon information and belief, the Accused Instrumentalities are uncombined in
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`whole or in part, in a manner that would infringe at least one claim of the ’189 Patent if such
`
`combination occurred within the United States. Upon information and belief, Zynga knows that
`
`the Accused Instrumentalities are made or adapted in this manner and intends for them to be
`
`combined outside of the United States in a manner that would infringe at least one claim of the
`
`’189 Patent.
`
`47.
`
`Zynga has had actual knowledge of the patent and its infringement at least since
`
`service of the Complaint for Patent Infringement, D.I. 1. Despite having knowledge of the patent
`
`and its infringement, Zynga continued and still continues to infringe at least one claim of the ’189
`
`Patent. Thus, Zynga is deliberately, intentionally, and willfully infringing the ’189 Patent. As a
`
`direct result of Zynga’s infringing acts, IGT Canada has suffered and will continue to suffer
`
`damages and irreparable harm.
`
`COUNT III
`
`48.
`
`IGT realleges and incorporates by reference the foregoing allegations as though
`
`fully set forth herein.
`
`49.
`
`U.S. Patent No. 7,168,089 (“the ’089 Patent”) is attached hereto as Exhibit C. The
`
`’089 Patent is entitled “Secured virtual network in a gaming environment.”
`
`50.
`
`IGT US is the owner of all rights, title, and interest in the ’089 Patent, which issued
`
`on January 23, 2007.
`
`51.
`
`The ’089 Patent is valid and enforceable.
`
`18
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`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 19 of 38
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`
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`52.
`
`In violation of at least 35 U.S.C. § 271(a), Zynga is liable for direct infringement
`
`of at least one claim of the ‘089 Patent, including without limitation claim 84, having made, used,
`
`sold, offered to sell, or imported into the United States, the Accused Instrumentalities, including,
`
`for example, its Zynga Poker offering, which satisfy each and every limitation of one or more
`
`claims of the ’089 Patent. Zynga thereby directly infringed and infringes one or more claims of
`
`the ’089 Patent.
`
`53.
`
`Upon information and belief, in conjunction with its Accused Instrumentalities,
`
`Zynga infringed and infringes, for example, claim 84 of the ’089 Patent, either literally or under
`
`the doctrine of equivalents.
`
`54.
`
`Though preambles generally are not limiting, Zynga performs, “[i]n a first gaming
`
`device, a method of transferring gaming software to a second gaming device” comprising the steps
`
`described below. For example, the Accused Instrumentalities, including Zynga Poker, are offered
`
`via a game server to a client gaming device. Transferring gaming software is demonstrated at least
`
`by using cookies and other technologies to play across multiple devices as the same user.
`
`https://www.zynga.com/games/zynga-poker/ (last visited May 3, 2021). Additionally, for
`
`example, gaming software for Zynga Poker is transferred and loaded when accessed from a client
`
`
`
`device.
`
`19
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`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 20 of 38
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`
`
`
`
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`https://www.zyngapoker.com/ (last visited May 3, 2021).
`
`55.
`
`Claim 84 further recites: “receiving a gaming software transaction request from
`
`the second gaming device[.]” When “Play Now” is actuated at the second gaming device, for
`
`example, a request is sent from the second gaming device and is received by the first gaming
`
`device. By proceeding with actuating the “Play Now” button, the second gaming device user has
`
`agreed on the “Privacy Policy,” which states that the gaming software, including player tracking
`
`services, may be transferred to a second gaming device.
`
`56.
`
`Claim 84 further recites: “sending the gaming software transaction request to a
`
`gaming software authorization agent that approves or rejects the transfer of gaming software[.]”
`
`Zynga denies service to players who were previously banned. Thus, upon information and belief,
`
`the Accused Instrumentalities include a gaming software authorization agent that receives the
`
`gaming software transaction request and approves or rejects the transfer of gaming software to a
`
`second gaming device based upon whether the second gaming device is authorized to access the
`
`gaming software.
`
`20
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`

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`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 21 of 38
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`
`
`57.
`
`Claim 84 further recites: “receiving an authorization message from the gaming
`
`software authorization agent wherein the authorization message includes information indicating
`
`whether the first gaming device is authorized to transfer the game software to the second gaming
`
`device[.]” Upon information and belief, the second gaming device receives a negative message if
`
`a player is banned or otherwise is unauthorized to receive the gaming software. Conversely, if the
`
`player is not banned and is otherwise authorized to receive the gaming software, the user may start
`
`playing the game after the gaming software is transferred to the second gaming device.
`
`58.
`
`Claim 84 further recites: “transferring the gaming software to the second gaming
`
`device.” Zynga transfers gaming software (e.g., cookies, beacons, pixel tags, etc.) for player
`
`tracking, meaning the gaming software follows users between devices, including first and second
`
`gaming devices.
`
`59.
`
`Therefore, Zynga has directly infringed, and continues to directly infringe, one or
`
`more claims of the ’089 Patent.
`
`60.
`
`Zynga has been on actual notice that it infringes the ’089 Patent. For example,
`
`Zynga has had actual knowledge of the patent and its infringement thereof at least since April 12,
`
`2013 as a result of Zynga’s involvement in Interference No. 105,747; or at least since September
`
`25, 2020, when IGT advised Zynga by letter of the patent and its infringement; or at least since the
`
`date of service of the Complaint for Patent Infringement, D.I. 1. Despite having knowledge of the
`
`patent and its infringement, Zynga continued and still continues to infringe at least one claim of
`
`the patent. Thus, Zynga has deliberately, intentionally, and willfully infringed the ’089 Patent,
`
`and continues to do so. As a direct result of Zynga’s infringing acts, IGT US has suffered and will
`
`continue to suffer damages and irreparable harm.
`
`
`
`21
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`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 22 of 38
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`
`
`61.
`
`IGT realleges and incorporates by reference the foregoing allegations as though
`
`COUNT IV
`
`fully set forth herein.
`
`62.
`
`U.S. Patent No. 7,303,473 (“the ’473 Patent”) is attached hereto as Exhibit D. The
`
`’473 Patent is entitled “Network gaming system.”
`
`63.
`
`IGT US is the owner of all rights, title, and interest in the ‘473 Patent, which issued
`
`on December 4, 2007.
`
`64.
`
`65.
`
`The ’473 Patent is valid and enforceable.
`
`In violation of at least 35 U.S.C. § 271(a), Zynga is liable for direct infringement
`
`of at least one claim of the ’473 Patent, including without limitation claim 22, having made, used,
`
`sold, offered to sell, or imported into the United States, the Accused Instrumentalities, including,
`
`for example, Zynga’s Hit It Rich offering, which satisfy each and every limitation of one or more
`
`claims of the ’473 Patent. Zynga thereby directly infringed and infringes one or more claims of
`
`the ’473 Patent.
`
`66.
`
`Upon information and belief, in conjunction with the Accused Instrumentalities,
`
`Zynga infringed and infringes, for example, claim 22 of the ’473 Patent, either literally or under
`
`the doctrine of equivalents.
`
`67.
`
`Though preambles generally are not limiting, Zynga’s Accused Instrumentalities
`
`include “[a] website controller that controls operation of a website[.]” For example, Zynga
`
`operates zynga.com, to which a user is connected when the user selects a game, including the
`
`Accused Instrumentalities, from a social media platform. In the game lobby, the user is connected
`
`to zynga.com. Websites, such as zynga.com, are managed by one or more hardware and/or
`
`software web servers. Web servers respond to client requests through HTTP or other protocols
`
`and send code, such as HTML, JSON files etc., for execution or utilization on the browsers of
`
`22
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`

`

`Case 6:21-cv-00331-ADA Document 7 Filed 05/05/21 Page 23 of 38
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`
`
`
`client devices. Upon information and belief, there are multiple web servers owned by, operated
`
`by, or operated on behalf of Zynga to which users connect to play the Accused Instrumentalities,
`
`s