Scuf Gaming v. Playrapid - Complaint

7/27/2019 Scuf Gaming v. Playrapid - Complaint

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FILED IN CLERK S OFFICEU S D C. Atlanta

Jury Trial Demanded15 IL ACTION NO. V 3224

Plaintiffs,

Defendants.

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION))))))))))))))))

PLAYRAPID EURLvs.

a French Corporation

a French Corporation,and

BURN CONTROLLERS

a U.K. Corporation,

SCUFGAMINGINTERNATIONAL, LLC,a Georgia Corporation

andIRONBURG INVENTIONS LTD.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiffs, ScufGaming International, LLC and Ironburg Inventions Ltd. byand through their undersigned attorney, and pursuant to Federal Rule of CivilProcedure 8(a), on information and belief, allege the following in support of theirComplaint for patent infringement against Defendants:

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PARTIES

1. Plaintiff Ironburg Inventions Ltd. ( Ironburg ) is a companyorganized and existing under the laws of England having its principal place ofbusiness at 10 Market Place, Wincanton, Somerset, Great Britain.

2. Within the United States, Ironburg conducts business by and throughScufGaming International, LLC ( ScufGaming ).

3. Plaintiff, Scuf Gaming is a corporation organized and existing underthe laws of the State of Georgia, having its principal place of business at 141 W.Wieuca Road NE 202B, Atlanta, Georgia 30342.

4. Defendant, Playrapid EURL ( Playrapid ) is a corporation organizedand existing under the laws of France, having a principal place of business at 4Street Press, 13150 Tarascon, France.

5. Defendant, BURN Controllers ( BURN ) is a corporation organizedand existing under the laws of France having principal places of business at 210Route des Cayades, 13150 Tarascon, France and/or 25 Avenue Des Artisans,13150 Tarascon, France.

6. Defendant Playrapid is the parent company ofBURN Controllers.

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JURISDICTION AND VENUE

7. This is a Complaint for patent infringement arising under the patentlaws of the United States, Title 35 of the United States Code.

8. This Court has original jurisdiction under 28 U.S.C. 1338 over thispatent infringement action.

9. Each of the Defendants has committed acts and continues to commitacts within this judicial district giving rise to this action. Venue is proper under 28U.S.C. 1391(b) and 1400(b).

FACTUAL BACKGROUND10. Plaintiff ScufGaming is a Georgia corporation established on July 20,

2011.11. Plaintiff Scuf Gaming is the manufacturer, wholesaler, retailer, and

restorer of custom video game equipment and accessories, including video gamecontrollers ( gaming controllers ).

12. Plaintiff Scuf Gaming has made significant investments in humancapital in this endeavor, employing more than 45 people within this District.

13. Plaintiff Scuf Gaming has invested more than two million dollars inmarketing and other operational expenses in connection with its gaming controller

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business.14. As a result, Plaintiff ScufGaming has earned total revenues exceeding

ten million dollars since its establishment.15. Plaintiff ScufGaming has an inventory ofmore than five hundred and

fifty thousand dollars ($550,000) worth of gaming controller inventory ordered tomeet forecasted customer demand until the introduction of new gaming controllerconsoles scheduled to be released for the popular Xbox and PlayStation platformsat the end of2013.

16. Defendants are presently making, using, importing, marketing and/orselling gaming controllers in the United States, which gaming controllers

incorporate Plaintiffs' patented technology.17. In fact, Defendants have sold gaming controllers in this District,

which gaming controllers incorporate Plaintiffs' patented technology.

THE PATENTS IN SUIT18. On July 9, 2013, United States Patent No. 8,480,491, entitled GAME

CONTROLLER was duly and legally issued to Plaintiff Ironburg, a copy ofwhich is annexed hereto as Exhibit A.

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19. On September 25, 2012, United States Patent No. D677,892, entitled

GAME CONTROLLER was duly and legally issued to Plaintiff Ironburg, a copyofwhich is annexed hereto as Exhibit B.

20. Plaintiff Ironburg is the owner of rights in and to United States PatentNos. 8,480,491 and D677,892 (collectively, the patents-in-suit) sufficient to bringthis action.

21. Plaintiff Scuf Gaming is the exclusive licensee of the patents-in-suit,in the U.S.

COUNT I. INFRINGEMENT OF U.S. PATENT NO. 8 480 49122. Plaintiff repeats and realleges Paragraphs 1 through 21 of this

Complaint as if fully set forth herein.23. Defendants manufacture and retail custom video game equipment,

including gaming controllers.24. Defendants' website and Twitter social media account promote the

sale of the gaming controllers with delivery to intemationallocations, including theUnited States. EXHIBIT C.

25. Components of gaming controllers manufactured, sold and/or offeredby Defendants in the United States ( the Accused Products ) are substantially

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similar to the invention disclosed and claimed United States Patent No.8,480,491. EXHIBIT D.

26. The gaming controllers manufactured, sold and/or offered byDefendants ( the Accused Products ) include each and every element recited insome or all of the claims ofUnited States Patent No. 8.480,491.

27. Defendant BURN has offered for sale and sold gaming controllerswithin this District and elsewhere, gaming controllers which infringe United StatesPatent No. 8.480,491. For example, Exhibit E.

28. Plaintiff Ironburg and Defendant BURN are currently engaged inlitigation disputes in France over substantially identical gaming controller featurespatented by United States Patent No. 8,480,491.

29. Accordingly, Defendants are aware that Plaintiffs consider thepatented technology to be proprietary to Plaintiffs.

30. Defendants have constructive and actual knowledge of the existenceofUnited States Patent No. 8,480,491.

31. Despite Defendants' full knowledge of Plaintiff Ironburg's claim toand ownership of proprietary rights to the patented features, the Defendantsknowingly and willfully sold or offered to sell the Accused Products within the

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United States.

32. As a result of Defendants' foreknowledge of the Plaintiffs' patentrights and willful disregard, Plaintiffs have suffered and will continue to suffergrievous damage.

33. Defendants' infringement of United States Patent No. 8,480,491 willcontinue unless and until enjoined by this Court.

34. Pursuant to 35 U.S.C. 281, Plaintiffs are entitled to recover damagesfrom Defendants to compensate them for Defendants' infringement of the '491Patent.

COUNT II. INFRINGEMENT OF U.S. DESIGN PATENT NO. D677,89235. Plaintiff repeats and realleges Paragraphs 1 through 34 of this

Complaint as if fully set forth herein.36. Defendants manufacture and retail custom video game equipment,

including gaming controllers.37. Defendants' website and Twitter social media account promote the

sale of the gaming controllers with delivery to intemationallocations, including theUnited States.

38. Gaming controllers manufactured, sold and/or offered by Defendants

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include features ( the Accused Designs ) that are substantially similar to thedesign claimed in United States Patent No. D677,892.

39. The substantial similarity between the Accused Designs and thePlaintiffs ' patented design is such that that a purchaser familiar with the prior artwould be deceived. See, for example, Exhibit F.

40. The substantial similarity between the Accused Designs and thePlaintiffs ' patented design is such that that a purchaser familiar with the prior artwould be induced to purchase Defendants' gaming controllers supposing them tobe the product ofPlaintiffs.

41. Defendants have offered for sale and sold gaming controllers withinthis District and elsewhere, gaming controllers that include the Accused Designs,which infringe United States Patent No. D677,892.

42. Plaintiff Ironburg and Defendant BURN are currently engaged inlitigation disputes in France over substantially identical gaming controller designspatented by United States Patent No. D677,892.

43. Despite Defendants' full knowledge of Plaintiff Ironburg's claim toand ownership of proprietary rights to the patented designs, the Defendantsknowingly and willfully sold or offered to sell products incorporating the AccusedDesigns within the United States.

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44. As a result of Defendants' foreknowledge of the Plaintiffs' patentrights and willful disregard, Plaintiffs have suffered and will continue to suffergrievous damage.

45. Defendants' infringement of United States Patent No. D677,892 willcontinue unless and until enjoined by this Court.

46. Pursuant to 35 U.S.C. 281, Plaintiffs are entitled to recover damagesfrom Defendants to compensate them for Defendants' infringement of UnitedStates Patent No. D677,892.

DEMAND FOR U yTRIAL47. Pursuant to Rule 38 of the Federal Rule of Civil Procedure, Plaintiffs

demand trial by jury on all claims asserted herein.

PRAYER FORRELIEFWHEREFORE, Plaintiffs pray for:

A. A finding by this Court that Defendants have infringed United StatesPatent Nos. 8,480,491 and D677,892 and that said infringement has been willful;

B. An order permanently enjoining Defendants and their officers, agents,servants, employees and attorneys and all other persons acting in concert or in

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participation with Defendants from infringing Plaintiffs United States Patent Nos.8,480,491 and D677,892;

C. An award against Defendants for the damages suffered by Plaintiffs as aresult ofDefendants' acts of infringement with prejudgment interest thereon;

D. An assessment of up to three (3) times the damages so determined,pursuant to 35 U.S.C. 284;

E. An award to Plaintiffs of attorney's fees, costs and expenses in thisaction; and

F. That this Court grant such other and further reliefas this Court may deemjust.

Respectfully submitted,

a ParksGeo ia Bar No. 563,[email protected] Law LLC730 Peachtree Street NE, Suite 600Atlanta, Georgia 30308Direct Line: (678) 365- 4455Main Line: (678) 365-4444Facsimile: (678) 365-4450 ttorneyfor Plaintiffs Ironburg InventionsLTD and ScufGaming International

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Rev. 1/13 NDGA) CIVIL COVER SHEET1 1 f Jl )2JtTbe JS44 civilcover sbeet and tbe information contained berein neitber replace nor supplement tbe filing and service ofplea mtt f r otber I Ie s r equ i r . . ty_provided by local rules ofcourt. This form is required for tbe use ofthe Clerk ofCourt for tbe purpose ofinitiating tbe civil docket record. (SEE INSTRUCTIONS AT IAC D)I. (a) PLAINTIFF(S)Scuf Gaming International, LLC andlronburg Inventions Ltd.

DEFENDANT(S)Playrapid EURL andBurn Controllers

(b) COUNTY OF RESIDENCE OF FIRST LISTEDPLAINTIFF_F_Wton _(EXCEPT IN us , PLAINTIFFCASES)

COUNTY OF RESIDENCE OF FIRST LISTEDDEFENDANT _(IN U.S. PLAINTIFF CASESONLY)NOTE: IN LANDCONDEMNATION CASES,USETHE LOCATION OF THE TRACT OFLANDINVOLVED

(c) ATTORNEYS FIRM NAME,ADDRESS,TELEPHONE NUMBER, ANDE-MAIL ADDRESS)

ATTORNEYS (IFKNOWN)Cynthia Parks, Parks IP Law LLC730 Peachtree St. NE, Suite 600, Atlanta, GA30308 78) 365-4455 - [email protected]

li t I ~ w II. BASIS OF JURISDICTION

(pLACE AN X INONE BOX ONLY)III. CITIZENSmp OF PRINCIPAL PARTIES

(pLACE ANX IN ONE BOXFOR PLAINTIFF ANDONE BOX FOR DEFENDANT)(FOR DIVERSITYCASESONLY)

CITIZEN OF THIS STATE D 4

CITIZEN OF ANOTHER STATED s CITIZEN OR SUBJECT OFFOREIGN COUNTRY 6 6 FOREIGN NATION

INCORPORATED OR PRINCIPALPLACE OF BUSINESSIN TillS STATEINCORPORATED ANDPRINCIPALPLACE OF BUSINESSIN ANOTIIERSTATE

DEFLFLF DEF 3 FEDERAL QUESTION(U.S.GOVERNMENT NOTA PARTY)D 4 DIVERSITY(INDICATE CITIZENSHIPOF PARTIESINITEM III)

o 1 U.S. GOVERNMENTPLAINTIFFD 1 U.S. GOVERNMENTDEFENDANT

IV. ORIGIN PLACEAN X INONEBOXONLy)TRANSFERREDFROM ORIGINAL 01 REMOVED FROM 03REMANDED FROM n 4 REINSTATED OR ANOTHER DISTRICT 06MULTIDISTRICTPROCEEDING STATEC OURT APPELLATECOURt-J REOPENED (SpeclfyDlIlrtct) LITIGATION O APPEAL TO DISTRICT JUD7 FROM MAGISTRATE JUDGJUDGMENTV. CAUSE OF ACTION (CITE TIlEu.s.CIVIL STATUTE UNDERWHICHYOUARE FILING ANDWRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITEJURISDICTIONAL STATUTES UNLESSDIVERSITY)

The cause of action is patent infringement of U.S. Patent No. 8,480,491 and U.S. Patent No.0667,892. The cause of action is governed by 35 U.S.C. sec. 271, 35 U.S.C sect 1391, and 35U.S.C. sec.1400.(IF COMPLEX, CHECK REASON BELOW)D 1. Unusually large number ofparties.D 2. Unusually large number ofclaims or defenses.D 3. Factual issues are exceptionally complexD 4. Greater than normal volume of evidence.D 5. Extended discoveryperiod is needed.

D 6. Problems locating or preserving evidenceD 7. Pending parallel investigations or actions by government.D 8. Multiple use of experts. 9. Need for discoveryoutside United States boundaries.D 10. Existence of highly technical issues and proof.

CONTINUED ONREVERSE



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. '

VI. NATURE OF SUIT (pLACE ANX INONE BOX ONLY)CONTRACT- 0 MONTHS DISCOVERY TRACK

0150 RECOVERYOFOVERPAYMENTENFORCEMENTOF JUDGMENT0152 RECOVERYOFDEFAULTEDSTUDENTLOANS (Excl, Veterans)0153 RECOVERYOFOVERPAYMENTOFVETERAN'SBENEFITS

CONTRACT- 4 MONTHS DISCOVERY TRACKB 10INSURANCE120MARINE0130 MILLERACT0140 NEGOTIABLEINSTRUMENT[J lSI MEDICAREACT[J160 STOCKHOLDERS'SUITS[J 190OTHERCONTRACT0195 CONTRACTPRODUCTLIABILITY0196 FRANCHISE

REAL PROPERTY - 4 MONTHS DISCOVERYTRACK 0210LANDCONDEMNATION

[J220 FORECLOSURE0230 RENTLEASE& EJECTMENT0240 TORTSTO LAND0245 TORTPRODUCTLIABILITY[J290 ALLOTHERREALPROPERTY

TORTS - PERSONAL INmRY - 4 MONTHSDISCOVERY TRACK0310 AIRPLANE0315 AIRPLANEPRODUCTLIABILITY0320 ASSAULT,LIBEL SLANDER[J330 FEDERALEMPLOYERS'LIABILITY0340 MARINE0345 MARINEPRODUCTLIABILITY0350 MOTORVEHICLE0355 MOTORVEHICLEPRODUCTLIABILITY0360 OTHERPERSONALINJURY0362 PERSONALINJURY- MEDICALMALPRACTICE[J365 PERSONALINJURY- PRODUCTLIABILITY0367 PERSONALINJURY- HEALTHCARElPHARMACEUTICALPRODUCTLIABILITY[J 368ASBESTOSPERSONALINJURYPRODUCTLIABILITY

TORTS - PERSONAL PROPERTY - 4 MONTHSDISCOVERY TRACK370OTHERFRAUD371TRUTHIN LENDING380OTHERPERSONALPROPERTYDAMAGE[J385 PROPERTYDAMAGEPRODUCTLIABILITYBANKRUPTCY - 0 MONTHS DISCOVERY TRACK

0422 APPEAL28 USC 1580423 WITHDRAWAL28 USC157

CIVIL RIGHTS - 4 MONTHS DISCOVERY TRACK0441 VOTING0442 EMPLOYMENT0443 HOUSING ACCOMMODATIONS0444 WELFARE[J440 OTHER CIVILRIGHTS0445 AMERICANSwithDISABILITIES Employment0446 AMERICANSwithDISABILITIES Other0448 EDUCATION

IMMIGRA nON - 0 MONTHS DISCOVERY TRACK462NATURALIZATIONAPPLICATION465 OTHERIMMIGRATIONACTIONSPRISONER PETITIONS - 0 MONTHS DISCOVERYTRACK~ 4 6 HABEASCORPUSAlienDetainee8510MOTIONSTO VACATESENTENCE530HABEASCORPUS0535 HABEASCORPUSDEATHPENALTY

0540 MANDAMUS&OTHER0550 CIVIL RIGHTS- FiledPro se0555 PRISONCONDITION(S)- FiledPro se0560 CIVILDETAINEE:CONDITIONSOFCONFINEMENT

PRISONER PETITIONS - 4 MONTHS DISCOVERYTRACK~ 5 5 CIVIL RIGHTS Filedby Counsel0555 PRISONCONDITION(S)- FiledbyCounsel

FORFEITUREIPENALTY - 4 MONTHS DISCOVERYTRACK 0625DRUGRELATEDSEIZUREOF PROPERTY21 USC881

0690 OTHERLABOR - 4 MONTHS DISCOVERY TRACK

0710 FAIRLABORSTANDARDSACT0720 LABOR/MGMT.RELATIONS0740 RAILWAYLABORACT0751 FAMILYandMEDICALLEAVEACTB790OTHERLABOR LITIGATION791EMPL.RET. INC.SECURITYACT

PROPERTY RIGHTS - 4 MONTHS DISCOVERY TRACK8820 COPYRIGHTS840 TRADEMARK

PROPERTY RIGHTS - 8 MONTHS DISCOVERY TRACK1Zl830 PATENT

SOCIAL SECURITY - 0 MONTHS DISCOVERYTRACK 0861 HIA 1395/1

0862 BLACKLUNG (923)0863 DIWC (405(80863 DIWW (405(80864 ssmTITLEXVI0865 RSI 405 g

FEDERAL TAX SUITS - 4 MONTHS DISCOVERYTRACK c : J 8 7 0 TAXES(U.S. P1aintifforDefendant)0871 IRS- THIRDPARTY26 USC7609OTHER STATUTES - 4 MONTHS DISCOVERYTRACK 0375 FALSECLAIMSACT

1:]400 STATEREAPPORTIONMENT[J430 BANKSANDBANKING0450 COMMERCEIICCRATESIETC.[J460 DEPORTATION0470 RACKETEERINFLUENCEDAND CORRUPTORGANIZATIONS0480 CONSUMERCREDIT0490 CABLE/SATELLITETV0891 AGRICULTURALACTS0893 ENVIRONMENTALMATTERS0895 FREEDOMOF INFORMATIONACT[J950 CONSTITUTIONALITYOFSTATE STATUTES0890 OTHERSTATUTORYACTIONS0899 ADMINISTRATIVEPROCEDURESACTREVIEWOR APPEALOFAGENCYDECISION

OTHER STATUTES - 8 MONTHS DISCOVERYTRACK 0410ANTITRUST

0850 SECURITIES COMMODITIES EXCHANGEOTHER STATUTES - 0 MONTHS DISCOVERYTRACK-----r::J896 ARBITRATION(Confirm Vocate Order ModifY

* PLEASE NOTE DISCOVERYTRACK FOR EACH CASE TYPE.SEE LOCAL RULE 26.3

VII. REQUESTED IN COMPLAINT:oCHECK IF CLASS ACTION UNDER F.R-Clv.P.23 DEMANDs _JURY DEMAND.YES DNO CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATEDIREFILED CASE(S) IF ANYJUDGE _ DOCKET NO. _CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)OJ. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT. Z SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.03. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED INAN EARLIER NUMBERED PENDING SUIT.04. APPEALS ARISINGOUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME

BANKRUPTCY JUDGE.

~ E = ~ = = = = W o n u R C ~ w m C ISMISSED. This case 0 IS 0 IS NOT (cbeckone box) SUBSTANTIALLYTHE SAMECASE.


Scuf Gaming v. Playrapid - Complaint

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