Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 1 of 22 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
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`GREE, INC.,
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`Plaintiff,
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`v.
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`SUPERCELL OY,
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`Defendant.
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`Case No.:
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`§
`§
`§
`§
`§
`§
`§
`§
`§
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`COMPLAINT
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`Plaintiff GREE, Inc. (“GREE”) files this Complaint against Supercell Oy (“Supercell”).
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`In this Complaint, GREE asserts U.S. Patent Nos. 9,079,107 (the “Oono ’107 patent”) and
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`9,561,439 (the “Oono ’439 patent”) against at least Supercell’s “Clash of Clans,” “Clash
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`Royale,” and “Hay Day” games. GREE alleges as follows:
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`PARTIES
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`1.
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`GREE is a corporation organized under the laws of Japan with a principal place of
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`business at 6-10-1, Roppongi, Roppongi Hills Mori Tower Minato-Ku, Tokyo, Japan.
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`2.
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`Supercell is a corporation organized under the laws of Finland, with a principal
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`place of business at Itämerenkatu 11-13, Helsinki, Uusimaa, 00180, Finland.
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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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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 1 of 81
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`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 2 of 22 PageID #: 2
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`through agents and/or intermediaries, committed acts within Texas, including within this District,
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`giving rise to this action and/or has established minimum contacts with Texas and this District
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`such that the exercise of jurisdiction would not offend traditional notions of fair play and
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`substantial justice.
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`5.
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`Supercell regularly conducts business in Texas, including this District, and
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`purposefully avails itself of the privileges of conducting business in Texas. In particular,
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`Supercell, directly and/or through its agents and/or intermediaries, makes, uses, imports, offers
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`for sale, sells, and/or advertises its products and affiliated services in Texas, including this
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`District. Supercell has placed, and continues to place, infringing products into the stream of
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`commerce, via an established distribution channel, with the knowledge and/or understanding that
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`such products are sold in the United States including in Texas and specifically including this
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`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 the
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`United States. Therefore, Supercell has purposefully availed itself of the benefits of the United
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`States, including the Eastern District of Texas, and the exercise of jurisdiction over Supercell
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`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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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 2 of 81
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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.
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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 hold patents covering
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`various improvements in digital and gaming technology in countries throughout the world,
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`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 the
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`Oono ’107 patent entitled Game Control Method, Game Control Device, and Recording
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`Medium. A true and correct copy of the Oono ’107 patent is attached to this Complaint as
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`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 the
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`Oono ’439 patent entitled Game Control Method, Game Control Device, and Recording
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`Medium. A true and correct copy of the Oono ’439 patent is attached to this Complaint as
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`Exhibit B.
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`12.
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`The Oono ’107 patent and Oono ’439 patent (collectively, “the Patents-in-Suit”)
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`share a common specification.
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`13.
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`The claims of the Patents-in-Suit cannot be performed without a computer and are
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`not directed toward fundamental economic practices, methods of organizing human activities, an
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`idea itself, or mathematical formulas.
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`14.
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`The Patents-in-Suit describe and claim innovative communication systems and
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`methods for controlling computer-implemented “social game in which it is possible to constitute
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 3 of 81
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`a group referred to as a guild by a plurality of users (players) who play the game.” Oono ’107
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`patent at col. 1:57-59. The claims of the Patents-in-Suit are directed to methods carried out by a
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`game control device that communicates with the plurality of communication terminals for
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`providing a game to the communication terminals and to systems for carrying out that method.
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`The claims all recite elements that are tied to a special purpose device, e.g., a game control
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`device for the specific application of controlling a social game.
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`15.
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`The invention of the Patents-in-Suit addresses the shortcomings of prior
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`approaches for playing computer based games, such as lack of motivation of users at a low level
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`or the inability of a user to play in cooperation with a plurality of users regardless of that user’s
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`level. Id. at col. 2:12-22. The invention provides “a new mechanism that enables a user to play
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`in cooperation with a plurality of users (guild) regardless of the [user’s] level, etc. ….” Id. at col.
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`2:23-25.
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`16.
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`The claims of the Oono ’107 patent are specific to a narrow area of application, a
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`game control method carried out by a game control device, in which information and game
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`rewards are shared among players in the same groups (e.g., in the same guild). The claims of the
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`Oono ’107 patent therefore do not pre-empt others from using the general concept of games or
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`sharing activities, using a computer implemented method.
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`17.
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`The claims of the Oono ’439 patent are specific to a narrow area of application, a
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`team-based and computer network-based game, in which correspondence between the plurality
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`of users and the one or more groups and a parameter value for each of the plurality of users,
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`which increases as a respective user makes progress in the group event, are stored, a group event
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`is monitored and the parameter values for each of the team members is updated in accordance
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`with the monitored progress of the team in the group event. The claims of the Oono ’439 patent
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`- 4 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 4 of 81
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`therefore do not pre-empt others from using the general concept of games or sharing activities,
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`using a computer implemented method.
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`18.
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`The claims of the Patents-in-Suit recite more than generic computer functionality
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`and recite steps that are not purely conventional.
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`19.
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`The claims of the Oono ’107 patent recite at least the following elements which,
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`either alone or as an ordered combination, are unconventional and unique, and are not well-
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`known, routine, or conventional: “storing skill level information indicative of skill levels of each
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`of the plurality of users of the game, in the storage unit;” “providing one or more of a plurality of
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`game pieces to a first plurality of users in a first group of said one or more groups, based on the
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`skill level information, while the first plurality of users are at certain events in the game;” and
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`“allocating in a memory, the game item to the first group or at least one of the first plurality of
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`users, when it is determined that all the required game pieces have been provided.” The
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`Examiner confirmed that these claim elements are not well-known, routine, or conventional by
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`allowing the application after submission of arguments by the Applicant in a Response
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`addressing a rejection under 35 U.S.C. § 101. The Response was dated March 4, 2015.
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`20.
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`The claims of the Oono ’439 patent recite at least the following elements which,
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`either alone or as an ordered combination, are unconventional and unique, and are not well-
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`known, routine, or conventional: “grouping the plurality of users into one or more groups;”
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`“storing a correspondence between the plurality of users and the one or more groups in the
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`storage unit;” and “transmitting information over the communication network to initiate a group
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`event in which a first plurality of users forming a first group cooperatively participate in the
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`game.” The Examiner confirmed that these claim elements are not well-known, routine, or
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`conventional by allowing the application after arguments presented by the Applicant during
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`- 5 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 5 of 81
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`prosecution. During prosecution the Examiner specifically stated that the Patent Office was
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`“persuaded that the claim elements, as an ordered combination, represent improvements to the
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`functioning of the claimed game control device.” That Office Action was mailed August 9,
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`2016.
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`21.
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`The claims of the Patents-in-Suit recite improvements over prior art and
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`conventional gaming devices, systems, and methods represent meaningful limitations and/or
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`inventive concepts. Further, in view of these specific improvements, the inventions of the
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`asserted claims, when such claims are viewed as a whole and in ordered combination, are not
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`routine, well-understood, conventional, generic, existing, commonly used, well-known,
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`previously known, or typical.
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`GENERAL ALLEGATIONS
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`22.
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`Supercell makes, uses, sells, offers for sale, and/or imports into the United States
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`gaming systems, software, or methods for controlling games in which users build collections of
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`structures, including Clash of Clans, Clash Royale, and Hay Day.
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`23.
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`Clash of Clans, Clash Royale, and Hay Day operate on computers and mobile
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`devices, including those with iOS and Android operating systems.
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`24.
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`Supercell operates, places into service, or otherwise controls a plurality of servers
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`worldwide, including in the United States, on which Supercell operates, and its customers and
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`other users use, software related to Clash of Clans, Clash Royale, and Hay Day and on which
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`Supercell stores user data associated with the product.
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`25.
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`Clash of Clans, Clash Royale, and Hay Day each have millions of registered users
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`worldwide, including in the United States and Texas.
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`26.
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`Supercell has had knowledge of the Patents-in-Suit since at least the filing date of
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`- 6 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 6 of 81
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`this Complaint, and its continued infringement is willful.
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`27.
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`GREE’s infringement allegations presented below are exemplary, and do not
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`necessarily detail every manner in which Supercell’s products infringe the Patents-in-Suit, nor do
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`so for each product that infringes. GREE will provide additional details in its infringement
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`contentions.
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`COUNT I—Infringement of the Oono ’107 Patent
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`28.
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`GREE re-alleges 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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`29.
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`Supercell directly infringes at least claim 1 of the Oono ’107 patent, for example,
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`by, without authority, making, using, importing, selling, or offering to sell Clash Royale in the
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`United States, in violation of 35 U.S.C. § 271(a). For example, claim 1 of the Oono ’107 patent
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`recites:
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`1. [preamble] A game control method carried out by a game control device
`for providing a game to a plurality of communication terminals respectively used
`by a plurality of users, the game control device communicating with the plurality
`of communication terminals and having a storage unit, the method comprising the
`steps of:
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`(a) storing skill level information indicative of skill levels of each of the
`plurality of users of the game, in the storage unit;
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`(b) grouping the plurality of users into one or more groups;
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`(c) providing one or more of a plurality of game pieces to a first plurality of
`users in a first group of said one or more groups, based on the skill level
`information, while the first plurality of users are at certain events in the game;
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`(d) storing allocation information indicating which game piece has been
`provided to which user with a respective skill level, and a number and type of
`game pieces required to obtain a game item as a reward, in the storage unit;
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`(e) determining whether all of the game pieces required to obtain said game
`item have been provided to the first group, based on the allocation information
`stored in the storage unit; and
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`(f) allocating in a memory, the game item to the first group or at least one of
`the first plurality of users, when it is determined that all the required game pieces
`have been provided.
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`- 7 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 7 of 81
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`

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`30.
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`For example, and by way of exemplary illustration, Supercell’s Clash Royale
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`game infringes as follows. To the extent the preamble is found to be limiting, Clash Royale
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`satisfies the preamble of claim 1 because Supercell manages servers that control Clash Royale.
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`See, e.g. https://aws.amazon.com/solutions/case-studies/supercell/. The Clash Royale
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`application allows users to “[d]uel players from around the world in real-time in both 1v1 and
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`2v2 Battles” using computers or mobile devices running iOS or Android processing systems.
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`See https://itunes.apple.com/us/app/clashroyale/id1053012308?mt=8; see also
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`https://clashroyale.com/blog/news/about-the-game An example is shown in the Figure below:
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`31.
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`Clash Royale infringes element 1(a) because Supercell stores a number of
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`trophies for each player and this number of trophies is indicative of skill level for each player.
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`- 8 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 8 of 81
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`32.
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`Clash Royale infringes element 1(b) because Supercell allows players to join
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`clans.
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`33.
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`Clash Royale infringes element 1(c) because during clan wars, users can earn
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`game pieces (e.g., cards) for their group (e.g., their clan). On information and belief, Clash
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`- 9 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 9 of 81
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`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 10 of 22 PageID #: 10
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`Royale awards cards based on the user’s number of trophies (e.g., the user’s skill level) during
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`certain events in the game (e.g., collection day). See, e.g.,
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`https://clashroyale.com/blog/news/what-is-clan-wars
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`34.
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`Clash Royale infringes element 1(d) because Supercell stores information on the
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`user’s game pieces (e.g., cards) and which game piece has been provided to which user (e.g., the
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`clan cards collected by the user) and information about the number of cards required to obtain a
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`game item (e.g., an upgrade for the user or clan).
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`35.
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`Clash Royale infringes element 1(e) because Supercell determines whether the
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`- 10 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 10 of 81
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`clan has collected enough game pieces (e.g., cards) to obtain a game item (e.g., an upgrade).
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`36.
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`Clash Royale infringes element 1(f) because if the clan has collected enough
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`game pieces (e.g., cards) to obtain the game item (e.g., issue an upgrade) the game awards the
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`clan an upgraded character.
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`37.
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`Supercell indirectly infringes the Oono ’107 patent within the United States by
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`inducing infringement under 35 U.S.C. § 271(b). For example, since learning of the Oono ’107
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`patent and by failing to cease offering Clash Royale, Supercell has knowingly and intentionally
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`- 11 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 11 of 81
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`induced users of Clash Royale to directly infringe one or more claims of the Oono ’107 patent,
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`inter alia, by (1) providing instructions or information, for example on publicly available
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`websites (see, e.g., https://supercell.helpshift.com/a/clash-royale/?p=web&s=battle and linked
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`pages), to explain how to use the Clash Royale application in an infringing manner, including the
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`use of the Clash Royale application in the manners described in the foregoing paragraphs, which
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`are expressly incorporated herein, and (2) touting these infringing uses of Clash Royale in
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`advertisements, including but not limited to those listed on or available from their websites and
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`other mobile application marketplace websites.
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`38.
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`Supercell indirectly infringes the Oono ’107 patent by contributing to the direct
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`infringement by end users under 35 U.S.C. § 271(c), for example, by providing Clash Royale,
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`which, as evidenced by Supercell’s websites and advertisements (see, e.g.,
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`https://supercell.helpshift.com/a/clash-royale/?p=web&s=battle and linked pages), is especially
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`made for use in a manner that infringes one or more claims of the Oono ’107 patent as described
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`herein and has no substantial non-infringing uses.
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`39.
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`GREE has been and continues to be injured by Supercell’s infringement of the
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`Oono ’107 patent. GREE is entitled to recover damages adequate to compensate it for
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`Supercell’s infringing activities in an amount to be determined at trial, but in no event less than a
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`reasonable royalty.
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`40.
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`Unless enjoined by this Court, Supercell’s acts of infringement will continue to
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`damage and cause irreparable harm to GREE.
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`41.
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`Supercell’s infringement of the Oono ’107 patent has been willful and deliberate.
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`Supercell has known of the Oono ’107 patent and its infringement thereof and continued its
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`unlawful actions nevertheless. GREE is therefore entitled to increased damages under 35 U.S.C.
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`- 12 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 12 of 81
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`§ 284 and attorneys’ fees and costs under 35 U.S.C. § 285.
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`COUNT II—Infringement of the Oono ’439 Patent
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`42.
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`GREE re-alleges 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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`43.
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`Supercell directly infringes at least claim 1 of the Oono ’439 patent, for example,
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`by, 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 Oono ’439 patent
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`recites:
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`1. [preamble] A game control method carried out by a game control device for
`providing a game to a plurality of communication terminals respectively used by a
`plurality of users, the game control device communicating with the plurality of
`communication terminals over a communication network and having a storage
`unit for storing information for each of the plurality of users, the method
`comprising the steps of:
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`(a) grouping the plurality of users into one or more groups;
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`(b) storing a correspondence between the plurality of users and the one or
`more groups in the storage unit;
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`(c) transmitting information over the communication network to initiate a
`group event in which a first plurality of users forming a first group cooperatively
`participate in the game;
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`(d) storing a parameter value for each of the plurality of users, wherein the
`parameter value for a respective user is increased as the respective user makes
`progress in the group event;
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`(e) monitoring progress of the group event and updating the parameter value
`for each of the first plurality of users in accordance with the progress of the first
`group in the group event;
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`(f) providing at least one of a plurality of game pieces to each of the first
`plurality of users in the group event, based on the parameter value for the
`corresponding user, wherein the plurality of game pieces are required to obtain a
`game item;
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`(g) storing allocation information indicating which game piece has been
`provided to which user, in the storage unit;
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`(h) determining whether all the required game pieces have been provided to
`the first plurality of users, based on the allocation information; and
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`(i) allocating in a memory, the game item to the first group or at least one of
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`- 13 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 13 of 81
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`the first plurality of users, when it is determined that all the required game pieces
`have been provided within a predetermined period of time during which the group
`event is taking place.
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`44.
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`By way of exemplary illustration, to the extent the preamble is found to be
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`limiting, Clash of Clans satisfies the preamble of claim 1 because Supercell manages servers that
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`control Clash of Clans, which is played by users on a plurality of user mobile devices. See, e.g.
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`https://aws.amazon.com/solutions/case-studies/supercell/;
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`https://www.youtube.com/watch?v=C9EJ9JFyCSE.
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`45.
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`Clash of Clans infringes element 1(a) because Supercell allows players to join
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`groups (e.g., clans).
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`46.
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`Clash of Clans infringes element 1(b) because Supercell stores correspondence
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`between the users (e.g., the players) and the one or more groups (e.g., a clan). See, e.g.,
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`https://supercell.com/en/parents/ (“All Supercell games have an in-game chat functionality.
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`Many of our players enjoy interacting with one another through chat in our games, and we work
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`hard to maintain a safe and secure environment for that.”); Team Chat (“TEAM CHAT In all our
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`games, players can talk to other players by joining a team (called Task Force, Clan, Band or
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`Neighbourhood, depending on the game). Once you join a team, you have access to the team
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`- 14 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 14 of 81
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`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 15 of 22 PageID #: 15
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`chat functionality and can talk to the members of your team. Teams can be closed, invite-only or
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`open to everyone.”).
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`47.
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`Clash of Clans infringes element 1(c) because Supercell transmits information
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`over a communication network to initiate a group event (e.g., clan games) in which a first group
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`of users cooperatively participate in the game.
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`48.
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`Clash of Clans infringes element 1(d) because Supercell stores a parameter values
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`(e.g., a number of times a condition was achieved) for each of the plurality of users.
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`49.
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`Clash of Clans infringes element 1(e) because Supercell monitors and updates the
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`progress of a group event (e.g., clan games) and updates the parameter value (e.g., a number of
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`times a condition was achieved).
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`- 15 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 15 of 81
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`50.
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`Clash of Clans infringes element 1(f) because Supercell provides game pieces
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`(e.g., the clan score) to each of the users in the group event (e.g., the clan game) wherein the
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`game pieces are required to obtain a game item. As one example the earned game pieces are
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`shown in the gauge called out by the red box in the screenshot below.
`
`
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`- 16 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 16 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 17 of 22 PageID #: 17
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`
`
`51.
`
`Clash of Clans infringes element 1(g) because Supercell stores allocation
`
`information indicating which game piece has been provided to which user. Supercell provides a
`
`ranking, which lists the users in the clan based on the clan score (e.g., the number of game
`
`
`
`pieces) earned by each user.
`
`
`
`- 17 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 17 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 18 of 22 PageID #: 18
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`
`
`
`
`
`
`52.
`
`Clash of Clans infringes element 1(h) because Supercell determines whether the
`
`clan has received a high enough score to select the item.
`
`
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`- 18 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 18 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 19 of 22 PageID #: 19
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`
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`53.
`
`Clash of Clans infringes element 1(i) because if the clan has received a high
`
`enough score it awards the user with the option to select the item.
`
`
`
`
`
`54.
`
`Supercell also indirectly infringes one or more claims of the Oono ’439 patent
`
`within the United States by inducement under 35 U.S.C. § 271(b). Since at least the filing date
`
`of this Complaint, for example, Supercell has knowingly and intentionally induced Clash of
`
`Clans users to directly infringe at least claim 1 of the Oono ’439 patent, inter alia, by (1)
`
`providing instructions or information, in its support website (for example:
`
`https://supercell.helpshift.com/a/clash-of-clans/?p=web&s=buildings-upgrades&f=how-does-
`
`the-builder-menu-work&l=en) and by providing videos such as those at
`
`https://www.youtube.com/user/supercellgames/channels encouraging users to play Clash of
`
`
`
`- 19 -
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`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 19 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 20 of 22 PageID #: 20
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`
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`Clans in an infringing manner, including the use of Clash of Clans in the manner described in the
`
`foregoing paragraphs, which are expressly incorporated herein; and (2) touting these infringing
`
`uses of Clash of Clans in advertisements including but not limited to those on their websites and
`
`other mobile app marketplace websites.
`
`55.
`
`Defendant Supercell indirectly infringes the Oono ’439 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
`
`(https://supercell.helpshift.com/a/clash-of-clans/?p=web &s=getting-started&f=what-is-the-
`
`layout-editor (last visited August 23, 2019)), is especially made for use in a manner infringing
`
`one or more claims of the Oono ’439 patent as described herein and has no substantial non-
`
`infringing uses.
`
`56.
`
`GREE has been and continues to be injured by Supercell’s infringement of the
`
`Oono ’439 patent. GREE is entitled to recover damages adequate to compensate it for
`
`Supercell’s infringing activities in an amount to be determined at trial but in no event less than a
`
`reasonable royalty.
`
`57.
`
`Unless enjoined by this Court, Supercell’s acts of infringement will continue to
`
`damage GREE irreparably.
`
`58.
`
`Supercell’s infringement of the Oono ’439 patent has been willful and deliberate.
`
`Supercell has known of the Oono ’439 patent at least since filing of this Complaint, and
`
`continued its infringement thereof and its unlawful actions nevertheless. GREE is therefore
`
`entitled to increased damages under 35 U.S.C. § 284 and attorneys’ fees and costs under 35
`
`U.S.C. § 285.
`
`
`
`- 20 -
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 20 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 21 of 22 PageID #: 21
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`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, GREE prays for relief in its favor, as follows:
`
`A.
`
`B.
`
`Enter a judgment that Supercell has infringed the Patents-in-Suit;
`
`Grant a permanent injunction restraining and enjoining Supercell and its officers,
`
`directors, agents, servants, employees, successors, assigns, parents, subsidiaries, affiliated or
`
`related companies, and attorneys from directly or indirectly infringing the Patents-in-Suit;
`
`C.
`
`Enter a declaration that the case is exceptional and correspondingly award GREE
`
`attorney fees and costs under 35 U.S.C. § 285;
`
`D.
`
`Award damages, enhanced damages and prejudgment interest to GREE under 35
`
`U.S.C. § 284;
`
`E.
`
`Grant such other and further relief as this Court may deem just and proper.
`
`DEMAND FOR JURY TRIAL
`
`GREE hereby demands a jury trial on all issues appropriately triable by a jury.
`
`
`
`
`
`DATED: September 16, 2019
`
`Respectfully submitted,
`
`GILLAM & SMITH, LLP
`
`
`
`
`
`
`
`
`By:
`
`
`/s/ Melissa R. Smith
`MELISSA R. SMITH
`(Texas State Bar No. 24001351)
`HARRY L. GILLAM, JR.
`(Texas State Bar No. 07921800)
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`Email: gil@gillamsmithlaw.com
`
`- 21 -
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 21 of 81
`
`

`

`Case 2:19-cv-00311 Document 1 Filed 09/16/19 Page 22 of 22 PageID #: 22
`
`
`
`Of Counsel:
`
`
`
`
`
`
`
`KILPATRICK TOWNSEND & STOCKTON
`LLP
`STEVEN D. MOORE (CA Bar No. 290875)
`TAYLOR PFINGST (CA Bar No. 316516)
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Telephone: 415 576 0200
`Facsimile: 415 576 0300
`Email: smoore@kilpatricktownsend.com
`Email: tpfingst@kilpatricktownsend.com
`
`Attorneys for Plaintiff
`GREE, Inc.
`
`
`
`
`
`
`
`
`
`- 22 -
`
`Patent Owner Gree, Inc.
`Exhibit 2004 - Page 22 of 81
`
`

`

`JS 44 (Rev. 0(cid:21)(cid:18)(cid:20)(cid:28))
`
`Case 2:19-cv-00311 Document 1-1 Filed 09/16/19 Page 1 of 2 PageID #: 23
`CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`GREE, INC.
`SUPERCELL OY
`
`(b) County of Residence of First Listed Plaintiff
`Tokyo, Japan
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Steven D. Moore (CA Bar No. 290875) Telephone: 415-576-0200
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Suite 1900, San Francisco, CA 94111
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`(cid:117) 1 U.S. Government
`(cid:117) 3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`Helsinki, Finland
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
` Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF DEF
`PTF
` DEF
`(cid:117) 1
`(cid:117) 1
`(cid:117) 4
`(cid:117) 4
`
`Citizen of This State
`
`Incorporated or Principal Place
` of Business In This State
`
`(cid:117) 2 U.S. Government
`Defendant
`
`(cid:117) 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`(cid:117) 2
`
`(cid:117) 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`Citizen or Subject of a
` Foreign Country
`
`(cid:117) 3
`
`(cid:117) 3
`
`Foreign Nation
`
`(cid:117) 5
`
`(cid:117) 5
`
`(cid:117) 6
`
`(cid:117) 6
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
`PERSONAL INJURY
`(cid:117) 110 Insurance
`(cid:117) 120 Marine
`(cid:117) 310 Airplane
`(cid:117) 365 Personal Injury -
`(cid:117) 130 Miller Act
`(cid:117) 315 Airplane Product
` Product Liability
`(cid:117) 140 Negotiable Instrument
` Liability
`(cid:117) 367 Health Care/
`(cid:117) 150 Recovery of Overpayment (cid:117) 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`(cid:117) 151 Medicare Act
`(cid:117) 330 Federal Employers’
` Product Liability
`(cid:117) 152 Recovery of Defaulted
` Liabil