Case 2:21-Cv-00519 Document 1 Filed 04/16/21 Page 1 of 41
Case 2:21-cv-00519 Document 1 Filed 04/16/21 Page 1 of 41 1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 14 15 NINTENDO OF AMERICA INC., 16 NO. 17 18 Plaintiff, COMPLAINT 19 20 v. JURY DEMAND 21 22 GARY BOWSER, 23 24 Defendant. 25 26 27 28 PRELIMINARY STATEMENT 29 30 Plaintiff Nintendo of America Inc., by and through its counsel, on personal knowledge as 31 32 to its own actions and on information and belief as to the actions, capabilities, and motivations of 33 34 others, hereby alleges as follows: 35 36 1. Nintendo of America Inc., a wholly-owned subsidiary of Nintendo Co., Ltd., 37 38 markets and distributes electronic video game consoles, games, and accessories developed by 39 40 Nintendo Co., Ltd., including the Nintendo Switch and the Nintendo Switch Lite consoles 41 42 (collectively the “Nintendo Switch”), as well as the proprietary and copyrighted software that 43 44 serves as the Nintendo Switch’s operating system. Collectively, Nintendo of America Inc. and 45 COMPLAINT - 1 GORDON 600 University Street TILDEN Suite 2915 THOMAS Seattle, WA 98101 CORDELL 206.467.6477 Case 2:21-cv-00519 Document 1 Filed 04/16/21 Page 2 of 41 1 Nintendo Co., Ltd. are referred to herein as “Nintendo.” Nintendo also makes award-winning 2 3 video games that can be played on the Nintendo Switch. To protect its intellectual property rights, 4 5 and to ensure that only authorized and licensed Nintendo Switch games can be played on the 6 7 Nintendo Switch, Nintendo designed the Nintendo Switch with sophisticated security features 8 9 meant to prevent unauthorized operating systems from being used on the Nintendo Switch, and to 10 11 prevent pirated video games from being played on the Nintendo Switch.
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