Stephenson v. Game Show Network, LLC et al

Filing 1

COMPLAINT with Jury Demand against Game Show Network, LLC, WorldWinner.Com, Inc. (paid $350 filing fee; receipt number 1085-905695) by John Stephenson (With attachments) (Harris, Steven)

UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF OKLAHOMA

[1] JOHN STEPHENSON
Case No. 11-CV-564-CVE-PJC
Plaintiff,
v.
[1] GAME SHOW NETWORK, LLC, and
[2] WORLDWINNER.COM, INC.

JURY TRIAL DEMANDED

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

COMES NOW PLAINTIFF, and for his complaint against Defendants, states and
alleges as follows:
THE PARTIES
1.

Plaintiff John Stephenson is a resident of Oklahoma, residing at 4608 S.

Knoxville, Tulsa, Oklahoma 74105.
2.

Upon information and belief, Defendant Game Show Network, LLC.

(“GSN”) is a limited liability company formed under the laws of Delaware and has its
principal place of business at 2150 Colorado Ave, #100, Santa Monica, California 904045514. Game Show Network is regularly and systematically broadcast in this district,
including at least on channel 171 in the Tulsa area through Cox Communications.
3.

Upon information and belief, Defendant WorldWinner.com, Inc.

(“WorldWinner”) is incorporated under the laws of Delaware and has its principal place
of business at 313 Washington St., Newton, Massachusetts 02458-1626.

4.

Upon information and belief, WorldWinner is a wholly owned subsidiary

of GSN. It operates websites including worldwinner.com that on information and belief
continuously and systematically does commerce in Oklahoma, including the Tulsa area.
On information and belief the site reaches millions of users every month and solicits
business in Oklahoma and elsewhere. On the “About GSN” link at worldwinner.com, it
states:
GSN is a multimedia entertainment company that offers original and classic game
programming via its 73-million subscriber television network and online games sites.
GSN’s cross-platform content puts winning within reach for viewers and participants,
whether through GSN’s popular TV game shows, gsn.com’s free casual games or its
WorldWinner competitive cash tournaments. GSN is distributed throughout the U.S.,
Caribbean and Canada by all major cable operators, satellite providers and telcos.
JURISDICTION AND VENUE
5.

This action arises under The Acts of Congress relating to patents, 35

U.S.C. § 1, et. seq., as hereinafter more fully appears.
6.

This Court has subject matter jurisdiction over Plaintiff’s patent

infringement lawsuit under 28 U.S.C. §§ 1331 and 1338(a).
7.

This court has personal jurisdiction over the Defendants by virtue of, inter

alia, their continuous and systematic contacts with Oklahoma at least via their promotion
and sale of services via the World Wide Web and through the Game Show Network and
through acts of infringement which on information and belief occur within this district.

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BACKGROUND
8.

John Stephenson is a longtime veteran of the gaming, gaming machines,

and online gaming industry. In 1989 he co-founded the company that is now known as
Multimedia Games (“Multimedia”).
9.

Multimedia grew to become the primary manufacturer and supplier of

legal video gaming machines for tribal casinos throughout the United States and Canada.
10.

In May 1999, Mr. Stephenson filed a patent application for his novel

method for running a game of skill tournament. An embodiment of his invention is
shown below.

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Fig. 1 of the ‘237 Patent
11.

On January 16, 2001, United States Patent No. 6,174,237 (the ‘237

patent”) was duly and legally issued to Stephenson for his invention of a method for a
game of skill tournament. A copy of the patent is attached as Exhibit A.
12.

Mr. Stephenson currently operates and has licensed the ‘237 patent to

megadollargames.com, a competitor of the defendants.
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DESCRIPTION OF INFRINGEMENT
13.

GSN operates a website at gsn.com that offers games of skill to visitors of

the site.
14.

From the gsn.com website and sites related to gsn.com, GSN offers prizes

to players based on rewards points called “oodles,” which players can redeem for prizes,
as well as cash prizes.
15.

The website worldwinner.com is titled “GSN Cash Competitions” and

allows players to play in games of skill tournaments via their computers and awards
prizes based on the players’ performance.
16.

The GSN Cash Competitions website describes the site as being “Powered

by WorldWinner.”
17.

The GSN Cash Competitions site may be accessed from several websites

including at least www.worldwinner.com. The references herein to “GSN Cash
Competitions” are meant to include worldwinner.com and other websites operated by
either or both Defendants that describe similar competitions.
18.

Players may also reach the GSN Cash Competitions site at least by

clicking on the “cash competitions” link from/at gsn.com.
19.

The GSN Cash Competitions site offers games of skill and offers prizes to

players and includes screen shots such as the following:

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20.

The GSN Cash Competition site describes its operation at least in part

through portions of the website such as the one shown below:

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(Found at http://help.worldwinner.com/ics/support/KBAnswer.asp?questionID=86)
21.

The GSN Cash Competitions site, describes “matched skill competitions”

at least in part as shown below:

(Found at http://www.worldwinner.com/cgi/tournament/introToCompetitions.pl)
22.

The GSN Cash Competitions site also describes “Skill Division

Competitions” as shown below:

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(Found at http://www.worldwinner.com/cgi/tournament/introToCompetitions.pl)
23.

The GSN Cash Competitions site describes qualification and non-

qualification at least as shown below:

(Found at http://www.worldwinner.com/cgi/tournament/topthis/notqualified_popup.pl?
flavor_id=781)
24.

Players play via the GSN Cash Competitions site against both computer

and other human players.
25.

For some or all of the games offered on the GSN Cash Competitions

website, the site determines which players qualify for certain types of tournaments.

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26.

In some tournament types of some or all of the games offered on the GSN

Cash Competitions website, the site determines which players will qualify for which
prize pool.
27.

For each of the games offered on the GSN Cash Competitions website, the

site determines the winner of tournaments and awards prizes based on the results.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 6,174,237
28.

Plaintiff incorporates by reference each of the averments, 1-27, above.

29.

Defendants have infringed claims of the ‘237 patent and, unless enjoined

from doing so, will continue to do so by using, selling, or offering for sale Mr.
Stephenson’s patented technology and by inducing and contributing to infringement of
the ‘237 patent.
30.

Mr. Stephenson has been damaged by the infringement of the Defendants

and will continue to suffer irreparable harm to his business and impairment of the value
of his patent rights unless Defendants are enjoined from continuing to directly or
indirectly infringe the ‘237 patent.
31.

Mr. Stephenson is entitled to recover damages from Defendants to

compensate him for the infringement in an amount no less than a reasonable royalty.
32.

At least any continued direct or indirect infringement after notice of or

willful blindness to the existence and scope of the ‘237 patent is or will be willful
infringement.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment that:
A.

The Defendants have infringed one or more claims of United States Patent

No. 6,174,237;
B.

The Defendants Game Show Network, LLC and Worldwinner.com, Inc.,

their officers, agents, servants and employees, and those persons in active concert or
participation with any of them be enjoined from further infringing, contributing to the
infringement, or inducing the infringement of United States Patent No. 6,174,237, and be
permanently enjoined from direct and indirect infringing acts including continued use,
offer for sale, or sale of the Defendants’ products or services used to infringe the patent in
suit;
C.

Plaintiff be awarded damages arising out of Defendants’ infringement of

United States Patent No. 6,174,237, with interest;
D.

At least due to any infringement by Defendants after notice of the ‘237

patent, this case be adjudged and decreed exceptional pursuant to 35 U.S.C. § 285 and
that Plaintiff be awarded their costs and attorney’s fees in pursuing this action; and
E.

Plaintiff be awarded such other and further relief as this Court may deem

necessary and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury of all issues so triable.

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Respectfully submitted,

Dated: September 8, 2011

/s/ Steven M. Harris
Steven M. Harris, OBA #3913
Doyle, Harris, Davis & Haughey
1350 S. Boulder, International Building,
Suite 700,
Tulsa OK, 74119
[phone]
[e-mail]
Daniel W. McDonald, MN Bar #168580
William D. Schultz, MN Bar # 323482
Christopher C. Davis, WI Bar #1064764
Merchant & Gould
3200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for John Stephenson

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