Case 2:25-cv-00090-JRG Document 1 Filed 01/31/25 Page 1 of 5 PageID #: 1
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`RESONANT SYSTEMS, INC., d/b/a
`RevelHMI,
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`Plaintiff,
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`v.
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`NINTENDO CO., LTD.,
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`Defendant.
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`Case No. 2:25-cv-00090
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT AGAINST NINTENDO CO., LTD.
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`This is an action for patent infringement arising under the Patent Laws of the United States
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`of America, 35 U.S.C. § 1 et seq., in which Plaintiff Resonant Systems, Inc., doing business as
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`RevelHMI (“Plaintiff” or “RevelHMI”) makes the following allegations against Defendant
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`Nintendo Co., Ltd. (“Defendant” or “Nintendo”):
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`INTRODUCTION
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`1.
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`This complaint arises from Nintendo’s unlawful infringement of United States
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`Patent No. 8,860,337 (the “’337 Patent” or “Asserted Patent”), owned by Plaintiff, which relates
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`to improvements in haptic feedback devices.
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`PARTIES
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`2.
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`Plaintiff is a corporation organized and existing under the laws of the state of
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`Washington, with a place of business at 520 South King Street, Seattle, Washington 98104.
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`Plaintiff is the sole owner by assignment of all right, title, and interest in the Asserted Patent,
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`including the right to recover damages for past, present, and future infringement.
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`3.
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`On information and belief, Defendant Nintendo Co., Ltd. is a publicly traded
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`corporation organized under the laws of Japan, with its principal place of business at 11-1
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`Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan.
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`JURISDICTION AND VENUE
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`4.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a).
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`5.
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`This Court has personal jurisdiction over Nintendo in this action because Nintendo
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`has committed acts within this District giving rise to this action and has established minimum
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`contacts with this forum such that the exercise of jurisdiction over Nintendo would not offend
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`traditional notions of fair play and substantial justice. Nintendo, directly and through subsidiaries
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`or intermediaries, has committed and continues to commit acts of infringement in this District by,
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`among other things, importing, offering to sell, and selling products that infringe the Asserted
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`Patent, and inducing others to do the same.
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`6.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). Nintendo is
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`a foreign corporation. Venue is proper as to a foreign defendant in any district. 28 U.S.C.
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`§ 1391(c)(3).
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 8,860,337
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`7.
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`Plaintiff realleges and incorporates by reference the foregoing paragraphs as if fully
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`set forth herein.
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`8.
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`Plaintiff owns by assignment all rights, title, and interest, including the right to
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`recover damages for past, present, and future infringement, in U.S. Patent No. 8,860,337, entitled
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`2
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`“Linear vibration modules and linear-resonant vibration modules.” The ’337 Patent was duly and
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`legally issued by the United States Patent and Trademark Office on October 14, 2014.
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`9.
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`On information and belief, Nintendo makes, uses, offers for sale, sells, and/or
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`imports certain products with linear vibration motor technology, including without limitation the
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`Nintendo Switch (collectively, “Accused Products”), that directly infringe, literally and/or under
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`the doctrine of equivalents, one or more claims of the ’337 Patent. The Accused Products satisfy
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`all claim limitations of one or more claims of the ’337 Patent. A claim chart comparing exemplary
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`independent claim 2 of the ’337 Patent to representative Accused Products is attached as Exhibit
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`1.
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`10.
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`Nintendo also knowingly and intentionally induces infringement of one or more
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`claims of the ’337 Patent in violation of 35 U.S.C. §271 (b). Through pre-filing communications
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`from Plaintiff, and through at least the filing and service of this Complaint, Nintendo has had
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`knowledge of the ’337 Patent and the infringing nature of the Accused Products. Despite this
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`knowledge of the ’337 Patent, Nintendo continues to make, use, sell, and offer for sale the Accused
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`Products, and to actively encourage and instruct its subsidiaries, customers, and other companies
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`to make, use, sell, import, and offer for sale the Accused Products in ways that directly infringe
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`the ’337 Patent. Nintendo does so knowing and intending that these companies will commit these
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`infringing acts.
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`11.
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`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Products, Nintendo has injured Plaintiff and is liable for infringement of the ’337
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`Patent pursuant to 35 U.S.C. § 271.
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`12.
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`As a result of Nintendo’s infringement of the ’337 Patent, Plaintiff is entitled to
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`monetary damages in an amount adequate to compensate for Nintendo’s infringement, but in no
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`3
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`event less than a reasonable royalty for the use made of the invention by Nintendo, together with
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`interest and costs as fixed by the Court.
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`13.
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`Nintendo’s acts of infringement were undertaken with knowledge of the ’337 Patent
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`and knowledge of the infringing nature of the Accused Products and were undertaken after
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`rejecting Plaintiff’s attempts to license its technology in good faith. Nintendo’s infringement of
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`the ’337 Patent was willful, deliberate, and unreasonable, justifying an award of enhanced damages
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`under 35 U.S.C. § 284. Plaintiff is in compliance with the provisions of 35 U.S.C. § 287 at least
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`because it is aware of no unmarked patented articles that were sold by or under Plaintiff.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests that this Court enter:
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`a.
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`A judgment in favor of Plaintiff that Nintendo has infringed, either literally and/or
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`under the doctrine of equivalents, the ’337 Patent;
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`b.
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`A judgment and order requiring Nintendo to pay Plaintiff its damages, costs,
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`expenses, and pre-judgment and post-judgment interest for Nintendo’s infringement of the ’337
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`Patent;
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`c.
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`A judgment and order requiring Nintendo to pay Plaintiff compulsory ongoing
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`licensing fees, as determined by the Court;
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`d.
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`A judgment and order requiring Nintendo to provide an accounting and to pay
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`supplemental damages to Plaintiff, including without limitation, pre-judgment and post-judgment
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`interest and compensation for infringing products released after the filing of this case that are not
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`colorably different from the Accused Products;
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`e.
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`A judgment and order finding that Nintendo’s infringement of the ’337 Patent was
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`willful and ordering Nintendo to pay treble damages under 35 U.S.C. § 284;
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`4
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`f.
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`A judgment and order finding that this is an exceptional case within the meaning
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`of 35 U.S.C. § 285 and awarding to Plaintiff its reasonable attorneys’ fees against Nintendo; and
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`g.
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`Any and all other relief as the Court may deem appropriate and just under the
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`circumstances.
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`DEMAND FOR JURY TRIAL
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`Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
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`any issues so triable by right.
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`Dated: January 31, 2025
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`Respectfully submitted,
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`/s/ Reza Mirzaie
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`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Paul A. Kroeger (CA SBN 229074)
`pkroeger@raklaw.com
`Kristopher Davis (CA SBN 329627)
`kdavis@raklaw.com
`Jacob R. Buczko (CA SBN 269408)
`jbuczko@raklaw.com
`Minna Y. Jay (CA SBN 305941)
`mjay@raklaw.com
`Qi Tong (CA SBN 330347)
`ptong@raklaw.com
`Christian W. Conkle (CA SBN 306374)
`cconkle@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd. 12th Floor
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Facsimile: (310) 826-6991
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`Attorneys for Plaintiff Resonant Systems, Inc.
`d/b/a RevelHMI
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`5
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