Case 3:18-Cv-01942 Document 1 Filed 03/29/18 Page 1 of 41
Total Page:16
File Type:pdf, Size:1020Kb
Case 3:18-cv-01942 Document 1 Filed 03/29/18 Page 1 of 41 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP John B. Quinn (Bar No. 90378) 2 [email protected] Chris A. Mathews (Bar No. 144021) 3 [email protected] 4 Tigran Guledjian (Bar No. 207613) [email protected] 5 Justin Griffin (Bar No. 234675) [email protected] 6 865 South Figueroa Street, 10th Floor 7 Los Angeles, California 90017-2543 Telephone: (213) 443-3000 8 Facsimile: (213) 443-3100 9 10 Attorneys for Plaintiff Gamevice, Inc. 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 GAMEVICE, INC., a Delaware corporation, ) CASE NO. 3:18-cv-1942 16 ) Plaintiff, ) COMPLAINT FOR PATENT 17 ) INFRINGEMENT 18 v. ) ) JURY TRIAL DEMANDED 19 NINTENDO CO., LTD., a Japanese ) corporation, and NINTENDO OF ) 20 AMERICA, INC., a Washington corporation ) 21 ) Defendants. ) 22 ) ) 23 24 25 26 27 28 Case No.: 3:18-cv-1942 07714-00002/9936686.4 COMPLAINT FOR PATENT INFRINGEMENT Case 3:18-cv-01942 Document 1 Filed 03/29/18 Page 2 of 41 1 COMPLAINT FOR PATENT INFRINGEMENT 2 Plaintiff Gamevice, Inc. ("Gamevice") hereby asserts the following claims for patent 3 infringement against Defendants Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively, 4 "Nintendo" or "Defendants"), and alleges as follows: 5 NATURE OF THE ACTION 6 1. This is a civil action for patent infringement under the patent laws of the United 7 States, 35 U.S.C. § 1 et seq. 8 2. Defendants have infringed and continue to infringe, have contributed to and 9 continue to contribute to the infringement of, and have induced and continue to induce 10 infringement of, one or more claims of Gamevice's U.S. Patent Nos. 9,855,498 ("the '498 patent") 11 and 9,808,713 ("the '713 patent") (collectively, "Asserted Patents") at least by importing, selling 12 and offering to sell the Nintendo Switch portable gaming console system, and components thereof. 13 3. Gamevice is the legal owner by assignment of the '498 and '713 patents, which 14 were duly and legally issued by the United States Patent and Trademark Office ("USPTO"). 15 Gamevice seeks injunctive relief and monetary damages. 16 THE PARTIES 17 4. Gamevice, Inc. is a corporation organized and existing under the laws of the State 18 of Delaware with its principal place of business at 685 Cochran St., Suite 200, Simi Valley, CA 19 93065. 20 5. Upon information and belief, defendant Nintendo Co., Ltd. ("Nintendo Japan") is a 21 corporation organized and existing under the laws of Japan with its principal place of business at 22 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, Japan 601-8501. On information and belief, 23 Nintendo Japan designs, develops, tests, manufactures (or has manufactured on its behalf), sells, 24 and/or offers to sell in the United States, including this District, video game consoles, handheld 25 videogame systems, video games, accessories, and components of the foregoing products, 26 including the infringing Nintendo Switch portable gaming console system with attachable 27 handheld controllers, and components thereof. 28 Case No.: 3:18-cv-1942 07714-00002/9936686.4 COMPLAINT FOR PATENT INFRINGEMENT Case 3:18-cv-01942 Document 1 Filed 03/29/18 Page 3 of 41 1 6. Upon information and belief, defendant Nintendo of America, Inc. ("NOA") is a 2 corporation organized under the laws of Washington, having a principal place of business at 4600 3 150th Avenue NE, Redmond, Washington 98052. NOA also has a regular and established place 4 of business in this District at 2000 Bridge Pkwy #200, Redwood City, California 94065. NOA is 5 in the business of importing, marketing, advertising, and selling video game consoles, handheld 6 videogame systems, video games, and accessories in the United States, including in this District. 7 7. NOA is a wholly owned subsidiary of Nintendo Japan 8 8. Upon information and belief and as further explained below, Defendants have been 9 and are acting in concert, and are liable jointly, severally or otherwise for a right to relief related to 10 or arising out of the same transaction, occurrence or series of transactions or occurrences related to 11 the making, using, importing into the United States, offering for sale or selling the Nintendo 12 Switch portable gaming console system in this District. In addition, this action involves questions 13 of law and fact that are common to all Defendants. 14 JURISDICTION AND VENUE 15 9. This is a civil action for patent infringement arising under the patent laws of the 16 United States, 35 U.S.C. § 1 et seq . 17 10. This Court has subject matter jurisdiction over the matters asserted herein under 18 28 U.S.C. §§ 1331 and 1338(a). 19 11. Defendants are subject to this Court's personal jurisdiction. Defendants have 20 infringed the Asserted Patents in this District by, among other things, engaging in infringing 21 conduct within and directed at or from this District. For example, Defendants have purposefully 22 and voluntarily placed the Nintendo Switch portable gaming console systems into the stream of 23 commerce with the expectation that these infringing products will be used in this District. These 24 infringing products have been and continue to be sold and used in this District. 25 12. On information and belief, NOA has a regular and established place of business 26 located in the Northern District of California at its facility at 2000 Bridge Pkwy #200, Redwood 27 City, California 94065. NOA is a registered business entity in California with the California 28 Secretary of State, and has an agent for service of process, CT Corporation System, located in -3- Case No. 3:18-cv-1942 07714-00002/9936686.4 COMPLAINT FOR PATENT INFRINGEMENT Case 3:18-cv-01942 Document 1 Filed 03/29/18 Page 4 of 41 1 California at 818 W. Seventh St. Suite 930, Los Angeles, CA 90017. Furthermore, NOA regularly 2 does business or solicits business, engages in other persistent courses of conduct, and/or derives 3 substantial revenue from products and/or services provided to individuals in this District and in 4 this State. Additionally, NOA has committed acts of patent infringement in this District. 5 Accordingly, NOA has purposefully availed itself of the privilege of conducting business within 6 this District; has established sufficient minimum contacts with this District such that it should 7 reasonably and fairly anticipate being haled into court in this District; has purposefully directed 8 activities at residents of this State and District; and has committed acts of patent infringement in 9 this State and District. 10 13. On information and belief, Nintendo Japan regularly conducts business in the 11 Northern District of California itself and through its authorized agent and subsidiary NOA at 12 NOA's facility at 2000 Bridge Pkwy #200, Redwood City, CA 94065. On information and belief, 13 NOA provides comprehensive North American business operations for Nintendo Japan, at least 14 with respect to its Nintendo Switch business. As explained above, NOA regularly does business 15 or solicits business, engages in other persistent courses of conduct, and/or derives substantial 16 revenue from products and/or services provided to individuals in this District and in this State, and 17 has committed acts of patent infringement in this District. Because, on informational and belief, 18 NOA is an authorized agent of Nintendo Japan, all of NOA's conduct is also imputed to Nintendo 19 Japan as the principal. Accordingly, through its own actions and the actions of its authorized 20 agent, Nintendo Japan has purposefully availed itself of the privilege of conducting business 21 within this District; has established sufficient minimum contacts with this District such that it 22 should reasonably and fairly anticipate being haled into court in this District; has purposefully 23 directed activities at residents of this State and District; and has committed acts of patent 24 infringement in this State and District. 25 14. NOA has also availed itself to the jurisdiction of this Court by filing complaints 26 and counterclaims in this District ( e.g. , Nintendo of America v. Serrano , Case No. 10-cv-01563- 27 PSG). Moreover, NOA has successfully moved to transfer actions into this district on the grounds 28 that this district is "convenient" for NOA, including because NOA's "largest marketing and sales -4- Case No. 3:18-cv-1942 07714-00002/9936686.4 COMPLAINT FOR PATENT INFRINGEMENT Case 3:18-cv-01942 Document 1 Filed 03/29/18 Page 5 of 41 1 office is in Redwood City, California," and "more than 70 employees work in this office." See, 2 e.g., PlayVision Labs, Inc. v. Nintendo of America, Inc. , Case. No. 14-05365. 3 15. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400(b) 4 at least because Nintendo Japan and NOA conduct business in the State of California, including 5 this District, have committed acts of infringement in this State and in this District, have a regular 6 and established place of business in this District, and are subject to personal jurisdiction in this 7 District. 8 GAMEVICE'S HISTORY AND PATENTED TECHNOLOGY 9 16. Gamevice is a leading designer, developer and manufacturer of attachable handheld 10 controllers for use with mobile devices such as mobile phones and tablets, including various 11 generations of the Apple iPhone and Apple iPad. Gamevice has made substantial investment in 12 research and development of its attachable handheld controller products for portable gaming 13 systems. 14 17. Gamevice was originally founded in 2008 (under the name Wikipad, Inc.) to 15 develop and create innovative solutions for those who play video games.