Mad Catz Interactive v. Razer

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WHITNEY E. PETERSON (BAR NO. 159630) wpeterson@madcatz.com TYSON E. MARSHALL (BAR NO. 222488) tmarshall@madcatz.com MAD CATZ, INC. 7480 Mission Valley Road, Suite 101 San Diego, CA 92108 Telephone: (619) 683-9830 Facsimile: (619) 683-2813 Attorneys for Plaintiff MAD CATZ INTERACTIVE, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: '13 CV2371 GPC WMC JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT
MAD CATZ INTERACTIVE, INC., an Ontario corporation, Plaintiff, v. RAZER USA, LTD, a Delaware corporation, Defendants.
Plaintiff Mad Catz Interactive, Inc. (Mad Catz), by and through its undersigned counsel, files this Complaint for Patent Infringement against Defendant Razer USA, Ltd. (Razer), and alleges as follows: PARTIES 1. Plaintiff Mad Catz is a corporation organized and existing under and by virtue of
the laws of Ontario, Canada and maintains its principle operating office at 7480 Mission Valley Road, Suite 101, San Diego, California 92108. Mad Catz designs, manufactures (through third parties), markets, sells and distributes accessories and peripherals for all major videogame platforms, personal computers, smart phones, and other smart devices. Mad Catz also develops flight simulation software, and publishes, markets and sells videogames.
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COMPLAINT FOR PATENT INFRINGEMENT
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2.
Upon information and belief, Defendant Razer USA, Ltd. is a corporation
organized and existing under and by virtue of the laws of the state of Delaware and maintains its principal place of business at Carlsbad, California. Upon information and belief, Defendant develops, manufactures, markets, and sells gaming peripherals and accessories within the United States and in direct competition to Mad Catz. 3.
Unless specifically stated otherwise, the acts complained of herein were committed
by, on behalf of, and/or for the benefit of Defendant.
JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the
United States, Title 35, United States Code. 5. 1338(a). 6. Upon information and belief, Defendant is subject to personal jurisdiction in this This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
Court, consistent with the principles of due process, traditional notions of fair play and substantial justice, and Californias Long Arm Statute, because, at a minimum, Defendant conducts business and maintains its principle place of business in California, a substantial portion of the wrongdoing alleged in the Complaint took place in California, Defendant has sufficient contacts with California, and/or has otherwise intentionally availed itself of the markets in California through the promotion, marketing, and sale of its products in California. 7. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)-(d) and/or 28
U.S.C. 1400(b) because Defendant regularly conducts business in the Southern District of California, maintains its principle place of business in this judicial district, and Defendant has committed and continues to commit infringing acts in this judicial district. FACTUAL ALLEGATIONS 8. U.S. Patent No. 6,157,370 (hereinafter, the 370 Patent), entitled Ergonomic
Mouse Extension, duly issued on December 5, 2000. A true and correct copy of the 370 Patent is attached hereto as Exhibit A. -2______________________________________________________________________________
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9.
Humanscale Corporation (formerly known as Software Computer Products Corp.)
(Humanscale) is the owner by assignment of the entire interest in the 370 Patent. 10. Effective October 1, 2012, Humanscale granted to Mad Catz an exclusive license,
within the United States of America, to make, use, sell, offer for sale, import, gift or otherwise dispose of the any products falling within the scope of one or more claims of the 370 Patent, including all right, power and interest to enforce the 370 Patent against any and all third parties and the exclusive standing to bring suit against any third party infringing the 370 Patent. 11. The exclusive license granted to Mad Catz by Humanscale operates as a transfer
of all substantial rights in the 370 Patent to Mad Catz. 12. Mad Catz has complied with the marking requirements of 35 U.S.C. 287(a) with
respect to the 370 Patent. Count 1 (Infringement of the 370 Patent) 13. Mad Catz incorporates by reference the allegations in paragraphs 1 through 12, as
if set forth fully herein. 14. Defendant has infringed (both directly and indirectly) and continues to infringe
the 370 Patent by making, using, offering for sale, selling, and/or importing in the United States certain products covered by one of more claims of the 370 Patent, including, by way of example and not limitation, the Ouroboros computer mouse. 15. Upon information and belief, due to Defendants infringement of the 370,
Defendant has made, and continues to make, unlawful gains and profits, and Mad Catz, due to the same infringing conduct by Defendant, has been deprived of, and continues to be deprived of, rights and remunerations that would have otherwise come to Mad Catz, but for the infringement. 16. In addition, upon information and belief, Defendant has induced, and continues to
induce, infringement of the 370 Patent and/or committed and continues to commit acts of contributory infringement of the 370 Patent.
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17.
Further, during at least a portion of the period of time that Defendant engaged in
the infringing acts alleged herein, Defendant had actual knowledge of the 370 Patent and of Mad Catz claims of infringement by Defendant, having been notified of the foregoing by Mad Catz on or about November 1, 2012. 18. During at least a portion of the period of time that Defendant engaged in the
infringing acts alleged herein, Defendant knew or should have known that its acts constituted infringement of the 370 Patent. 19. In view of the facts set forth herein and further upon information and belief,
Defendants infringement of the 370 Patent is and has been deliberate and willful and Defendants conduct warrants an award of treble damages pursuant to 35 U.S.C. 284 and a finding that this is an exceptional case justifying an award of attorneys fees to Mad Catz pursuant to 35 U.S.C. 285. 20. By its wrongful acts, Defendant has caused, and unless restrained by the Court,
will continue to cause serious irreparable injury and damage to Mad Catz, including but not limited to, diversion of customers, lost sales, and lost profits. 21. 22. Mad Catz is without an adequate remedy at law. Mad Catz is seeking both monetary damages and injunctive relief for the
aforementioned acts. PRAYER FOR RELIEF WHEREFORE, by reason of the foregoing, Mad Catz prays for the following relief: A. A judgment that Defendant has infringed, contributorily infringed, and/or induced
infringement of one or more claims of the 370 Patent; B. An order and judgment preliminarily and permanently enjoining Defendant and its
officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in privity or in concert with them, and their parents, subsidiaries, divisions, successors and assigns from further acts of infringement of the 370 Patent;
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C.
A judgment awarding Mad Catz all damages adequate to compensate for
Defendants infringement of the 370 Patent, in an amount to be determined at trial, and in no event less than a reasonable royalty for Defendants acts of infringement, including all prejudgment and post-judgment interest at the maximum rate permitted by law; D. A judgment awarding Mad Catz all damages, including treble damages, based on
any infringement found to be willful, pursuant to 35 U.S.C. 284, together with prejudgment interest; E. A judgment awarding Mad Catz all of Defendants profits, pursuant to 35 U.S.C.
289 together with prejudgment interest; F. Actual damages suffered by Mad Catz as a result of Defendants unlawful
conduct, in an amount to be proven at trial, as well as prejudgment interest as authorized by law; G. A judgment that this is an exceptional case and an award to Mad Catz of its costs
and reasonable attorneys fees incurred in this action as provided by 35 U.S.C. 285; and H. Such other relief as this Court deems just and proper. JURY DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Mad Catz hereby demands trial by jury of all issues properly triable by jury.
DATED: October 3, 2013
MAD CATZ INTERACTIVE, INC.
By: s/ Tyson E. Marshall_______________ 22 23 24 25 26 27 28 -5______________________________________________________________________________

Whitney E. Peterson Tyson E. Marshall Attorneys for Plaintiff MAD CATZ INTERACTIVE, INC.

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Upon information and belief, Defendant Razer USA, Ltd. is a corporation

by, on behalf of, and/or for the benefit of Defendant.

Humanscale Corporation (formerly known as Software Computer Products Corp.)

A judgment awarding Mad Catz all damages adequate to compensate for

DATED: October 3, 2013

MAD CATZ INTERACTIVE, INC.

By: s/ Tyson E. Marshall_ 22 23 24 25 26 27 28 -5________________________________________________________________

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