Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 1 of 67 PageID #: 300
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`GREE, INC.,
`
`
`Plaintiff,
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`
`
`v.
`
`
`SUPERCELL OY,
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`
`Defendant.
`
`
`
`
`
`Case No.: 19-cv-00200-JRG
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`
`JURY TRIAL DEMANDED
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`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`FOURTH AMENDED COMPLAINT
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`Plaintiff GREE, Inc., (“GREE” or “Plaintiff”) files this Fourth Amended Complaint
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`against Supercell Oy (“Supercell” or “Defendant”) pursuant to Federal Rule of Civil Procedure
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`15(a)(2). On August 29, 2019, counsel for the parties met and conferred and Supercell does not
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`oppose GREE’s corresponding Motion for Leave to Amend. In this Fourth Amended
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`Complaint, GREE asserts U.S. Patent Nos. 10,300,385, 10,307,675, 10,307,676, 10,307,677,
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`10,307,678, 10,328,347, 10,335,683, 10,335,682, and 10,398,978 against Supercell’s “Clash of
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`Clans” game. GREE alleges as follows:
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`PARTIES
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`1.
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`Plaintiff GREE is a corporation organized under the laws of Japan with a
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`principal place of business at 6-10-1, Roppongi, Roppongi Hills Mori Tower Minato-Ku,
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`Tokyo, Japan.
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`2.
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`On information and belief Defendant Supercell is a corporation organized under
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`the laws of Finland, with a principal place of business at Itämerenkatu 11-13, Helsinki,
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`Uusimaa, 00180, Finland.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 1 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 2 of 67 PageID #: 301
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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
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`District, giving rise to this action and/or has established minimum contacts with Texas and this
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`District such that the exercise of jurisdiction would not offend traditional notions of fair play
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`and substantial justice.
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`5.
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`On information and belief, Supercell regularly conducts business in Texas,
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`including this District, and purposefully avails itself of the privileges of conducting business in
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`Texas. In particular, on information and belief, Supercell, directly and/or through its agents
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`and/or intermediaries, makes, uses, imports, offers for sale, sells, and/or advertises its products
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`and affiliated services in Texas, including this District. Defendant has placed, and continues to
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`place, infringing products into the stream of commerce, via an established distribution channel,
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`with the knowledge and/or understanding that such products are sold in the United States
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`including in Texas and specifically including this 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
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`the United States. Therefore, Supercell has purposefully availed itself of the benefits of the
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 2 of 67
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`United States, including the Eastern District of Texas, and the exercise of jurisdiction over
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`Supercell 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 services.
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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 United
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`States Patent No. 10,300,385 (“the Eda ’385 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on May 28, 2019. A true and correct copy of the Eda ’385 patent is attached to this First
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`Amended 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 United
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`States Patent No. 10,307,675 (“the Eda ’675 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on June 4, 2019.
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`12.
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`GREE is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 10,307,676 (“the Eda ’676 patent”) entitled “Computer control method,
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 3 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 4 of 67 PageID #: 303
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on June 4, 2019.
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`13.
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`GREE is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 10,307,677 (“the Eda ’677 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on June 4, 2019.
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`14.
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`GREE is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 10,307,678 (“the Eda ’678 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on June 4, 2019.
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`15.
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`GREE is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 10,328,347 (“the Eda ’347 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on June 25, 2019.
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`16.
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`GREE is the owner by assignment of all right, title, and interest in and to United
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`States Patent No. 10,335,683 (“the Eda ’683 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on July 2, 2019.
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`17.
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`GREE is the owner by assignment of all right, title, and interest in and to United
`
`States Patent No. 10,335,682 (“the Eda ’682 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on July 2, 2019.
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`18.
`
`GREE is the owner by assignment of all right, title, and interest in and to United
`
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 4 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 5 of 67 PageID #: 304
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`States Patent No. 10,398,978 (“the Eda ’978 patent”) entitled “Computer control method,
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`control program and computer” which duly and legally issued at 12:00 a.m. Eastern Daylight
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`Time on September 3, 2019.
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`19.
`
`The Eda ’385 patent, Eda ’675 patent, Eda ’676 patent, Eda ’677 patent, Eda
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`’678 patent, Eda ’347 patent, Eda ’683 patent, Eda ’682 patent, and Eda ’978 patent
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`(collectively, “the Patents-in-Suit”) share a common specification.
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`20.
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`The Patents-in-Suit describe and claim innovative systems for controlling
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`computer-implemented “‘city-building games’ [] wherein a player builds a city within a virtual
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`space,” also referred to as a game space. Ex. A, Eda ’385 patent at 1:36-37. The specification
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`of the Patents-in-Suit explains that in conventional computer city-building games, the particular
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`arrangement of items such as “protective walls, buildings that are subject to an attack,
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`protecting soldiers, weapons, etc.” are vitally important to success. Id. at 1:51-52. The
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`specification of the Patents-in-Suit further explains that “since the items (game contents) of a
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`city of a player increase as the city develops, it is very complicated for a player to change
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`positions, types, levels, etc., of individual items” within the city. Id. 1:54-57. As a result,
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`players of these conventional city-building games often “limited themselves to change only
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`certain kinds of items, such as soldiers and weapons, for which changing positions, types,
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`levels, etc., is easy,” making the games “monotonous.” Id. at 1:60-62.
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`21.
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`To solve this problem, the Patents-in-Suit propose innovative systems and
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`methods of storing information that defines types and positions of game contents such that
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`“[w]hen a template is applied, facilities arranged within the game space are automatically
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`changed to the facilities defined in the template, and they are automatically moved to the
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`defined positions.” Id. at 4:38-41.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 5 of 67
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`22.
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`The claims of the Patents-in-Suit cannot be performed without a computer. The
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`claims solve problems that are specific to computer implemented city-building games: “since
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`the items (game contents) of a city of a player increase as the city develops, it is very
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`complicated for a player to change positions, types, levels, etc., of individual items.” Id. at
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`1:54-57. The Patents-in-Suit provide various solutions of storing the placement of the game
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`contents and simultaneously rearranging multiple game contents; they are improvements in
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`computer-specific technology that cannot be implemented outside of the context of a computer-
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`implemented city-building game.
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`23.
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`During the examination of the ’925 patent, the ’675 patent, the ’676 patent, the
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`’677 patent, the ’683 patent, and the ’978 patent the examiner in each instance noted that “the
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`claimed invention is necessarily rooted in computer technology and thus not drawn to an
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`abstract idea. For example, the claimed invention is drawn towards online gaming wherein the
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`claimed hardware and software components interact to deliver an immersive virtual gaming
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`environment.”1 The examiner concluded in each case that the claims were patent-eligible under
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`35 U.S.C. § 101. These conclusions with regards to these six asserted patents are equally
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`applicable all of the other Patents-In-Suit.
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`24.
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`The use of modifying types and positions of game contents in city-building
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`games using stored types and positions as described in the claims was not routine, well-
`
`understood, or conventional in the art of city-building games at the time of the invention of the
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`Patents-in-Suit. The claimed systems and methods for defining types and positions of multiple
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`game contents and simultaneously rearranging a number of game items to conform to those
`
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`1 For the ’925 patent see the office action dated January 5, 2018. For the ’675 patent see the office action dated
`January 2, 2018. For the ’676 patent see the office action dated January 2, 2018. For the ’677 patent see the office
`action dated January 22, 2018. For the ’683 patent see the office action dated December 12, 2018. For the ’978
`patent see the office action dated November 16, 2017.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 6 of 67
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`positions represented a significant advance over conventional city-building computer games
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`that “improve[s] the usability of city building games and continuously attract[s] players to the
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`game.” Id. at 2:1-2.
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`25.
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`These improvements over prior art and conventional gaming devices and
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`systems represent meaningful limitations and/or inventive concepts in the Patents-in-Suit.
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`Further, in view of these specific improvements, the inventions of the asserted claims, when
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`such claims are viewed as a whole and in ordered combination, are not routine, well-
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`understood, conventional, generic, existing, commonly used, well-known, previously known, or
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`typical.
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`GENERAL ALLEGATIONS
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`26.
`
`Defendant Supercell makes, uses, sells, offers for sale, and/or imports into the
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`United States gaming systems, software, or methods for controlling games in which users do
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`battle, including Clash of Clans.
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`27.
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`Clash of Clans operates on computers and mobile devices, including those with
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`iOS and Android operating systems.
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`28.
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`Defendant Supercell operates, places into service, or otherwise controls a
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`plurality of servers worldwide, including in the United States, on which Supercell operates, and
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`its customers and other users use, software related to Clash of Clans and on which Supercell
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`stores user data associated with the product.
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`29.
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`Clash of Clans has millions of registered users worldwide, including in the
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`United States and Texas.
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`30.
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`On September 12, 2016, GREE sent Supercell a letter informing Supercell of its
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`infringement of a parent patent application to the Patents-in-Suit along with several related
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 7 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 8 of 67 PageID #: 307
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`Japanese patents naming the same inventor all including similar claims.
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`31.
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`On information and belief, Defendant Supercell has been aware of the
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`application that issued as the Eda ’385 patent and knew of its planned issuance since at least
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`May 28, 2019, and its continued infringement is willful. Defendant Supercell has been aware
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`of the Eda ’385 patent since at least the filing of the Original Complaint in this Action (Dkt. 1),
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`and its continued infringement of that patent is willful.
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`32.
`
`On information and belief, Defendant Supercell has been aware of the
`
`applications that issued as the Eda ’675 patent, Eda ’676 patent, Eda ’677 patent, and Eda ’678
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`patent and knew of their planned issuance since at least June 4, 2019, and its continued
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`infringement is willful. Defendant Supercell has been aware of the Eda ’675 patent, Eda ’676
`
`patent, Eda ’677 patent, and Eda ’678 patent since at least the filing of the First Amended
`
`Complaint in this Action (Dkt. 10), and its continued infringement of those patents is willful.
`
`33.
`
`On information and belief, Defendant Supercell has been aware of the
`
`applications that issued as the Eda ’347 patent and knew of its planned issuance since at least
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`June 5, 2019, and its continued infringement is willful. Defendant Supercell has been aware of
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`the Eda ’347 patent since at least the filing of the Second Amended Complaint in this Action
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`(Dkt. 13), and its continued infringement of that patent is willful.
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`34.
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`On information and belief, Defendant Supercell has been aware of the
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`applications that issued as the Eda ’683 patent and Eda ’682 patent and knew of their planned
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`issuance since at least July 2, 2019, and its continued infringement is willful. Defendant
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`Supercell has been aware of the Eda ’683 patent and Eda ’682 patent since at least the filing of
`
`the Third Amended Complaint in this Action (Dkt. 18), and its continued infringement of those
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`patents is willful.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 8 of 67
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`35.
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`On information and belief, Defendant Supercell has been aware of the
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`application that issued as the Eda ’978 patent, and it has been aware of its planned issuance
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`since at least September 3, 2019, and its continued infringement is willful. Defendant
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`Supercell has been aware of the Eda ’978 patent since at least the filing of this Fourth Amended
`
`Complaint, and its continued infringement is willful.
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`COUNT I—Infringement of the Eda ’385 Patent
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`36.
`
`GREE realleges and incorporates by reference each and every allegation
`
`contained in the paragraphs above as if fully set forth herein.
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`37.
`
`Supercell directly infringes at least exemplary claim 1 of the Eda ’385 patent by,
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`without authority, making, using, importing, selling, or offering to sell Clash of Clans in the
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`United States, in violation of 35 U.S.C. § 271(a). For example, claim 1 of the Eda ’385 patent
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`recites:
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`[preamble] A user terminal used by a first player, the user terminal comprising:
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`[a] circuitry configured to:
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`[b] transmit first information to a server from the user terminal, the first information
`identifying a second player which is different from the first player and being designated
`by the first player,
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`[c] the server receiving second information from another user terminal executing a
`game, the second information being associated with the second player and the second
`information indicating types and positions of at least one of a set of game contents
`arranged within at least a part of a game space: and,
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`[d] receive, at the user terminal, third information from the server based on the first
`information, the third information being associated with the second player, the third
`information being related to the second information, and the third information being
`used for reproducing the types and the positions of the at least one of the set of game
`contents arranged within the at least a part of the game space in the user terminal.
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`38.
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`To the extent the preamble is found to be limiting, Clash of Clans satisfies the
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`preamble of claim 1. Clash of Clans is used by players on computers and mobile devices with
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 9 of 67
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`Android and iOS operating systems that constitute user terminals. See, e.g.,
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`https://itunes.apple.com/us/app/clash-of-clans/id529479190?mt=8;
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`https://play.google.com/store/apps/details?id=com.supercell.clashofclans&hl=en_US.
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`39.
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`Clash of Clans satisfies element [1a] because the computers and mobile devices
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`on which users play are equipped with circuitry which operates Clash of Clans as the game is
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`intended to be played, such that the circuitry is configured to operate Clash of Clans. Clash of
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`Clans controls the computer or mobile device by manipulating information displayed on the
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`screen, sounds produced by the computer or mobile device, information being sent and
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`received to a remote server, and by moving information in and out of local memory and local
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`data storage on the computer or mobile device.
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`40.
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`Clash of Clans satisfies element [1b] because Clash of Clans allows a first
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`player to transmit information to a Clash of Clans server identifying a second player different
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`from the first player and where the first player designates the second player. The first player
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`does this when choosing to visit another player, as illustrated in Figure I.1.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 10 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 11 of 67 PageID #: 310
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`
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`Figure I.1: Illustrating alternate ways to identify and designate another player as in element
`[1b]
`Clash of Clans further satisfies element [1b] when the first player chooses to
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`41.
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`copy a layout representing types and positions of game contents from the different player, as
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`illustrated in Figure I.2. In doing so, the first player transmits information to a Clash of Clans
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`server identifying and designating the different player.
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`Figure I.2: Further illustrating elements of [1b]
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`
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`42.
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`Clash of Clans satisfies element [1c] because to display the layout information
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`of the second player to the first player on the first player’s terminal, as shown in Figures I.2 and
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`I.3, the Clash of Clans server necessarily receives the layout information of the second player
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`from that second player’s terminal. This layout information indicates types and positions of at
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 11 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 12 of 67 PageID #: 311
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`least one of a set of game contents arranged within at least a part of a game space.
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`Figure I.3: Illustrating elements of [1c]
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`
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`43.
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`Clash of Clans satisfies element [1d] because when the first player chooses to
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`copy the layout of a second player, the user terminal of the first player receives a copy of the
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`layout information of the second player. The copy of the layout information of the second
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`player that is received at the user terminal of the first player is the third information. The third
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`information is based on the identity of the second player, because it is based on the second
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`player’s layout. The third information is associated with the second information because it is
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`based on the second information. The third information is used to reproduce types and
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`positions of game contents arranged within at least part of the game space of the user terminal
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`as illustrated in Figure I.4.
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 12 of 67
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 13 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 14 of 67 PageID #: 313
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` Figure I.4: Illustrating elements of [1d]
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`44.
`
`The user terminal described in claim 1 of the Eda ’385 patent is further
`
`illustrated by videos and information websites on editing layouts in Clash of Clans (for
`
`example: https://supercell.helpshift.com/a/clash-of-clans/?p=web &s=getting-started&f=what-
`
`is-the-layout-editor). The user terminal described in claim 1 of the Eda ’385 patent is taught by
`
`Supercell through its online help website: https://supercell.helpshift.com/a/clash-of-
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 14 of 67
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`clans/?p=web&l=en&s=latest-update&f=how-can-i-copy-a-clan-mate-s-layout.
`
`45.
`
`Defendant Supercell indirectly infringes one or more claims of the Eda ’385
`
`patent within the United States by inducement under 35 U.S.C. § 271(b). For example, since
`
`learning of the Eda ’385 patent and by failing to cease offering Clash of Clans, Defendant
`
`Supercell has knowingly and intentionally induced Clash of Clans users to directly infringe at
`
`least claim 1 of the Eda ’385 patent, inter alia, by (1) providing instructions or information, for
`
`example on publicly available websites (see, e.g., https://supercell.helpshift.com/a/clash-of-
`
`clans/?s=getting-started&f=introducing-the-multi-layout-village-editor&p=web), to explain
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`how to use the Clash of Clans application in an infringing manner, including the use of the
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`Clash of Clans application in manners described in the foregoing paragraphs, which are
`
`expressly incorporated herein and (2) touting these infringing uses of Clash of Clans in
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`advertisements including but not limited to those on their websites and other mobile app
`
`marketplace websites.
`
`46.
`
`Defendant Supercell indirectly infringes the Eda ’385 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the Clash of Clans
`
`application, which, as evidenced by Defendant Supercell’s websites and advertisements (see,
`
`e.g., https://supercell.helpshift.com/a/clash-of-clans/?s=getting-started&f=introducing-the-
`
`multi-layout-village-editor&p=web), is especially made for use in a manner infringing one or
`
`more claims of the Eda ʼ385 patent as described herein and has no substantial non-infringing
`
`uses.
`
`47.
`
`GREE has been and continues to be injured by Defendant Supercell’s
`
`infringement of the Eda ’385 patent. GREE is entitled to recover damages adequate to
`
`compensate it for Defendant Supercell’s infringing activities in an amount to be determined at
`
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 15 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 16 of 67 PageID #: 315
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`trial but in no event less than a reasonable royalty.
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`48.
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`Unless enjoined by this Court, Defendant Supercell’s acts of infringement will
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`continue to damage GREE irreparably.
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`49.
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`On September 12, 2016, GREE sent Supercell a letter informing Supercell of its
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`infringement of a parent patent application to the Eda ’385 patent along with several related
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`Japanese patents naming the same inventor all including similar claims. On information and
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`belief, Defendant Supercell has been aware of the application that issued as the Eda ’385 patent
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`and knew of its planned issuance on May 28, 2019. On information and belief, Defendant
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`Supercell’s infringement of the Eda ’385 patent has been willful and deliberate since the Eda
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`’385 patent issued. On information and belief, Defendant Supercell has known of the Eda ’385
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`patent and its infringement thereof and continued its unlawful actions nevertheless. GREE is
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`therefore entitled to increased damages under 35 U.S.C. § 284 and attorneys’ fees and costs
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`under 35 U.S.C. § 285.
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`COUNT II—INFRINGEMENT OF THE EDA ’675 PATENT
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`50.
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`GREE realleges 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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`51.
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`Supercell directly infringes at least exemplary claim 1 of the Eda ’675 patent by,
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`without authority, making, using, importing, selling, or offering to sell Clash of Clans in the
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`United States, in violation of 35 U.S.C. § 271(a). For example, claim 1 of the Eda ’675 patent
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`recites:
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`[preamble] A method performed by an electronic device, the method comprising:
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`[a] executing a game by arranging, based on at least a first command received at an
`interface of the electronic device from a first player, a plurality of game contents in first
`respective positions within a game space, the game contents including at least a game
`content for defending from an attack initiated by another player;
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`- 16 -
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 16 of 67
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`[b] storing information identifying the plurality of game contents and the first respective
`positions within the game space;
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`[c] creating, in response to a second command received at the interface of the electronic
`device from the first player, a first template based on the arrangement of the plurality of
`game contents in the first respective positions within the game space, the first template
`being for defending an attack initiated by another player;
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`[d] storing tile first template; and
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`[e] applying the first template to a game space by allocating one or more of the plurality
`of game contents to positions defined by the template based on a third command
`received at the interface of the electronic device from the first player.
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`52.
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`To the extent the preamble is found to be limiting, Clash of Clans satisfies the
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`preamble of claim 1. Clash of Clans is used by players on electronic devices such as computers
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`and mobile devices with Android and iOS operating systems. See, e.g.,
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`https://itunes.apple.com/us/app/clash-of-clans/id529479190?mt=8;
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`https://play.google.com/store/apps/details?id=com.supercell.clashofclans&hl=en_US.
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`53.
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`As illustrated in Figure II.1, Clash of Clans satisfies element [1a] because a
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`player playing Clash of Clans on an electronic devices sends commands to arrange the game
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`contents in a first set of positions within the game space, including defensive game contents
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`such as walls and cannons that are used to defend from attacks by another player. The player
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`does this for example, when placing the game contents after purchasing them, when moving
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`game contents individually, or when applying a layout to arrange the game contents in
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`particular positions.
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`- 17 -
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 17 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 18 of 67 PageID #: 317
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`Figure II.1: Illustrating elements of [1a]
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`54.
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`Clash of Clans satisfies element [1b] because Clash of Clans stores information
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`identifying the plurality of game contents and the first respective positions within the game
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`space. The information identifying the plurality of game contents and their respective first
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`positions are necessarily stored because a player can leave the game and return and the game
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`contents and their position are kept in the same place.
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`55.
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`As illustrated in Figure II.2, Clash of Clans satisfies element [1c] because a
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`player may issue a command to use the “layout editor,” which contains a layout of the player’s
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`“Home Village” in one of the layout slots. The layout editor contains a template based on the
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`plurality of game contents in the first respective positions within the game space. The template
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`can be an arrangement of game contents for defending attacks initiated by another player.
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`- 18 -
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 18 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 19 of 67 PageID #: 318
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`Figure II.2: Illustrating elements of [1c]
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`
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`56.
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`Clash of Clans satisfies element [1d] because the template can be saved to
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`memory, for example as illustrated in Figure II.3.
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`Figure II.3: Illustrating elements of [1d]
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`- 19 -
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 19 of 67
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`Case 2:19-cv-00200-JRG-RSP Document 41 Filed 09/03/19 Page 20 of 67 PageID #: 319
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`57.
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`Clash of Clans satisfies element [1e] because the player may execute a third
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`command to “set as active” the layout, which applies the template to a game space in either the
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`“Home Village” or “War Base” in the Clash of Clans game. In applying the template in this
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`manner, the plurality of game contents defined by the template are arranged to positions
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`defined by the template, as illustrated in Figure II.4.
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`
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` Figure II.4: Illustrating elements of [1e]
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`58.
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`The electronic device described in claim 1 of the Eda ’675 patent is further
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`illustrated by videos and information websites on editing layouts in Clash of Clans (for
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`example: https://supercell.helpshift.com/a/clash-of-clans/?p=web &s=getting-started&f=what-
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`
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`- 20 -
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`Patent Owner Gree, Inc.
`Exhibit 2003 - Page 20 of 67
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`is-the-layout-editor).
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`59.
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`Defendant Supercell indirectly infringes one or more claims of the Eda ’675
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`patent within the United States by inducement under 35 U.S.C. § 271(b). For example, since
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`learning of the Eda ’675 patent and by failing to cease offering Clash of Clans, Defendant
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`Supercell has knowingly and intentionally induced Clash of Clans users to directly infringe at
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`least claim 1 of the Eda ’675 patent, inter alia, by (1) providing instructions or information, for
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`example on publicly available websites (see, e.g., https://supercell.helpshift.com/a/clash-of-
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`clans/?s=getting-started&f=introducing-the-multi-layout-village-editor&p=web), to explain
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`how to use the Clash of Clans application in an infringing manner, including the use of the
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`Clash of Clans application in manners described in the foregoing paragraphs, which are
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`expressly incorporated herein and (2) touting these infringing uses of Clash of Clans in
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`advertisements including but not limited to those on their websites and other mobile app
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`marketplace websites.
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`60.
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`Defendant Supercell indirectly infringes the Eda ’675 patent by contributing to
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`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the Clash of Clans
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`application, which, as evidenced by Defendant Supercell’s websites and advertisements (see,
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`e.g., https://supercell.helpshift.com/a/clash-of-clans/?s=getting-started&f=introducing-the-
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`multi-layout-village-editor&p=web), is especially made for use in a manner infringing one or
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`more claims of the Eda ʼ675