James Games Inc v. Hasbro Inc et al

Filing 1

COMPLAINT against defendants Buy.Com Inc, Does, Drugstore.com Inc, Entertainment Earth Inc, Hasbro Inc, My Hobby Place LLC, Newegg Inc, Palo Alto Sport Shop and Toy World Inc, Target Corporation, Toys R Us Delaware Inc, WAD Productions Inc, Wal-Mart Stores Inc, Warner Bros Entertainment Inc. Case assigned to Judge Cormac J. Carney for all further proceedings. Discovery referred to Magistrate Judge Robert N Block. (Filing fee $ 350 Paid) Jury Demanded, filed by plaintiff James Games Inc.(dg) (dg).

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David R. Flyer, Bar #100697
A Professional Law Corporation
[e-mail]
4120 Birch St., Ste. 101
Newport Beach, CA 92660
[phone]
[phone] (fax)
[e-mail]

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Attorneys for Plaintiff
JAMES GAMES, INC.

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IN THE UNITED STATE DISTRICT COURT·

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JAMES GAMES, INC.,
Plaintiffs,

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Case No. SACV12-834 CJc(RNBx)
COMPLAINT FOR PATENT
INFRINGEMENT AND DEMAND FOR
JURY TRIAL

vs.
HASBRO, INC.; WAL-MART STORES, INC.;
TARGET CORPORATION DBA TARGET
STORES; TOYS 'R' US-DELAWARE, INC.;
MY HOBBY PLACE, LLC; BUY.COM, INC.;
DRUGSTORE.COM, INC.; WARNER BROS.
ENTERTAINMENT, INC.; WAD
PRODUCTIONS, INC., DBA THE ELLEN
DEGENERES SHOW; ENTERTAINMENT
EARTH, INC., DBA
ENTERTAINMENTEARTH.COM; PALO
ALTO SPORT SHOP & TOY WORLD, INC.,
DBA SWIMTOWIN.COM; NEWEGG, INC.,
DBA NEWEGG.COM; and DOES 1-10,
INCLUSIVE,

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22 _ _ _ _ _ _ _ _ _D_e_f_en_d_a_n_ts_.
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Plaintiff JAMES GAMES, INC., by and through its attorneys, alleges and avers as
follows:

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THE PARTIES

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JAMES GAMES, INC., ("JAMES") is a corporation organized and existing under

the laws of the State of California. JAMES' principal place of business is in Santa Ana,
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COMPLAINT FOR PATENT INFRINGEMENT
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California. JAMES designs, manufactures and sells board games.
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Defendant HASBRO, INC., (“HASBRO”) is a corporation organized and existing

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under the laws of the State of Rhode Island, with a regular and established business in

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Orange County, California. Defendant WAL-MART STORES, INC., (“WAL-MART”) is a

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corporation organized and existing under the laws of the State of Delaware, with a regular and

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established business in Orange County, California. TARGET CORPORATION dba TARGET

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STORES, (“TARGET”) is a corporation organized and existing under the laws of the State of

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Minnesota, with a regular and established business in Orange County, California. Defendant

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TOYS ‘R’ US-DELAWARE, INC., (“TOYS R US”) is a corporation organized and existing under

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the laws of the State of Delaware, with a regular and established business in Orange County,

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California. Defendant MY HOBBY PLACE, LLC (“MY HOBBY PLACE”), is a limited liability

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company organized and existing under the laws of the State of Michigan, doing business in

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Orange County, California. Defendant BUY.COM, INC., (“BUY.COM”), is a corporation

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organized and existing under the laws of the State of Delaware, with a principal place of

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business in Aliso Viejo, Orange County, California. Defendant DRUGSTORE.COM, INC.,

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(“DRUGSTORE.COM”) is a corporation organized and existing under the laws of the State of

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Delaware, with a principal place of business in Bellevue, Washington, and doing business in

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Orange County, California.

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(“WARNER”) is a corporation organized and existing under the laws of the State of Delaware,

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and doing business in Orange County, California. Defendant WAD PRODUCTIONS, INC.,

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dba The Ellen DeGeneres Show (“WAD”), is a corporation organized and existing under the

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laws of the State of Delaware, and doing business in Orange County, California. Defendant

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E NT E R T A I NM EN T

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(“ENTERTAINMENT”), is a corporation organized and existing under the laws of the State of

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California, with a principal place of business in Simi Valley, California, and doing business in

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Orange County, California. Defendant PALO ALTO SPORT SHOP & TOY WORLD, INC., dba

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SWIMTOWIN.COM (“SWIMTOWIN”) is a corporation organized and existing under the laws

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of the State of California, with a principal place of business in Palo Alto, California, and doing

Defendant WARNER BROS. ENTERTAINMENT, INC.,

EARTH,

I N C. ,

dba

E NT E R T A I NM EN T E A RT H . CO M

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business in Orange County, California. Defendant NEWEGG, INC., dba NEWEGG.COM

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(“NEWEGG”) is a corporation organized and existing under the laws of the State of Delaware,

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with a principal place of business in City of Industry, California, and doing business in Orange

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County, California.

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3.

Plaintiff is unaware of the true identities of DOES 1 through 10, inclusive, and

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accordingly sues said Defendants by fictitious names. Plaintiff will ask leave of Court to

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amend the Complaint to insert the true names of said Defendants when ascertained. Said

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Defendants are responsible for the events and damages set forth below.

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4.

Each of the Defendants was the agent, servant and/or employee of the

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remaining Defendants, and in doing the things herein alleged was acting in the scope of said

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agency or employment and/or in concert with said other Defendants, and/or ratified the acts

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of said Defendants.
JURISDICTION AND VENUE

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5.

This action for patent infringement arises under the Patent Laws of the United

States, Title 35, United States Code, including 35 U.S.C. §§271, 281-285 and 289.

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Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §1338(a).

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7.

Venue is proper in this District under 28 U.S.C. §§1391 and 1400(b).
PATENTS IN SUIT

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8.

On March 26, 2002, U.S. Patent No. 6361048, entitled GAME BOARD

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APPARATUS AND METHOD OF PLAYING SAME, (“the ‘048 Patent”) was duly and legally

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issued to inventor James Lynn. A copy of the ‘048 Patent is attached hereto as Exhibit “A.”

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9.

James Lynn transferred to JAMES all rights, title and interest in the inventions

described in the ‘048 Patent.

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COUNT I

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(Direct Infringement)

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10.

The allegations of paragraphs 1 through 9 above are repeated and realleged as

if set forth fully herein.
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Upon information and belief, Defendants HASBRO, WAL-MART, TARGET,
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TOYS R US, MY HOBBY PLACE, BUY.COM, DRUGSTORE.COM, WARNER, WAD,

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ENTERTAINMENT, SWIMTOWIN, NEWEGG, and DOES 1-10, INCLUSIVE infringed and are

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presently infringing the ‘048 Patent by making, using, selling, importing and/or offering to sell

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within the United States, and within this Judicial District, products that employ the inventions

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of the said Patents. The accused product which disparages Plaintiff’s patented inventions is

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sometimes referred to as “Sorry Spin.”

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Upon information and belief, the infringement by said Defendants has been

willful and deliberate.
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Plaintiff has been damaged as a result of the infringing activities of said

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Defendants and will continue to be damaged unless such activities are enjoined by this Court.

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COUNT II

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(Doctrine of Equivalents)

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14.

The allegations of paragraphs 1 through 13 above are repeated and realleged

as if fully set forth herein.
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Plaintiff alleges that the products being sold by Defendants are different only in

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minor and unimportant ways from the inventions for which Patent No. ‘048 was issued to

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Plaintiff. Defendants’ products appear in substantially the same shape and form as the

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patented inventions.

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Defendants’ use, sale, importing and offering for sale of products which are virtually identical

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to the patented inventions described in Paragraph No. 8, infringe on Plaintiff’s Patents.

There are no material differences between them.

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WHEREFORE, JAMES prays for judgment and relief including:

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(a)

Therefore,

a declaration that Defendants HASBRO, WAL-MART, TARGET, TOYS R US,

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MY HOBBY PLACE, BUY.COM, DRUGSTORE.COM, WARNER, WAD, ENTERTAINMENT,

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SWIMTOWIN, and NEWEGG infringed the ‘048 Patent;

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(b)

an injunction against Defendants continued infringement of the said Patent;

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(c)

an accounting for damages resulting from Defendants’ infringement and that the

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damages so ascertained be trebled because of the willful and deliberate nature of Defendants’

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conduct;
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the disgorgement of Defendants' total profits from sale of said infringing

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(d)

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products;

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(e)

an assessment of interest on the damages so computed;

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(f)

an award of JAMES' attorneys fees and costs of this action; and

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(g)

such other and further relief as this Court deems just and appropriate.

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PLAINTIFF JAMES GAMES, INC., DEMANDS A TRIAL BY JURY ON ALL ISSUES

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SO TRIABLE.

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Respectfully submitted,

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DAVID R. FLYER, A PROFESSIONAL
LAW CORPORATION

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Dated:

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BY:

2012

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COMPLAINT FOR PATENT INFRINGEMENT
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EXHIBIT “A”

Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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