wms gaming v. aristocrat technologies

8/3/2019 WMS Gaming v. Aristocrat Technologies

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COMPLAINT FORPATENT INFRINGEMENT Page 1 of 13

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

WMS GAMING INC.,

Plaintiff,

v.

ARISTOCRAT TECHNOLOGIES, INC.,

Defendant.

Civil Action No. 12 CV 367

Jury Trial Demanded

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, WMS Gaming Inc., for its complaint for patent infringement against Defendant,

Aristocrat Technologies, Inc., states as follows:

NATURE OF CASE

1. This is an action for patent infringement arising under the Patent Laws of theUnited States, 35 U.S.C. 1 et seq., and particularly 35 U.S.C. 271 and 281.

THE PARTIES

Plaintiff WMS Gaming Inc.

2. WMS Gaming Inc. (WMS) is a Delaware corporation with principal places ofbusiness at 3401 North California Avenue, Chicago, Illinois 60618, and 800 South Northpoint

Boulevard, Waukegan, Illinois 60085.

3. WMS is engaged in the business of, inter alia, designing, manufacturing andmarketing video and reel-spinning gaming machines.

4. WMS is the owner of U.S. Patent No. 7,458,890 directed to a Reel Spinning SlotMachine with Superimposed Video Image, which legally and duly issued on December 2, 2008


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(the 890 patent). A true and correct copy of the 890 patent is attached as Exhibit A.

5. WMS is the owner of U.S. Patent No. 7,585,220 directed to a Gaming Machinewith Superimposed Display Image, which legally and duly issued on September 8, 2009 (the

220 patent). A true and correct copy of the 220 patent is attached as Exhibit B.

6. WMS has the right to enforce U.S. Patent No. 7,322,884 directed to a GamingMachine Having a Variable Display, which legally and duly issued on January 29, 2008 (the

884 patent). A true and correct copy of the 884 patent is attached as Exhibit C.

7. WMS owns or has the right to enforce other patents, including but not limited toU.S. Patent Nos. 6,937,298; 7,097,560; 7,140,963; 7,159,865; 7,207,883; 7,219,893; 7,220,181;

7,234,697; 7,281,980; 7,329,181; 7,355,660; 7,390,259; 7,465,228; 7,479,061; 7,479,066;

7,485,039; 7,510,476; 7,520,812; 7,695,364; 7,892,094; 7,972,206; 8,007,360; 8,016,669,

8,096,867, and patents that issue from U.S. Publication Nos. 2004/0147303; 2004/0209668;

2004/0209683; 2004/0214637; 2005/0282617; 2008/0020820; 2008/0176653; 2009/0247276;

and 2011/0124411. After WMS has an opportunity to conduct discovery, including discovery of

Defendants infringing gaming machines, WMS may seek leave to amend its complaint to assert

additional patents.

Defendant Aristocrat Technologies, Inc.

8. Aristocrat Technologies, Inc. (Aristocrat) is a Nevada corporation with itsprincipal place of business at 7230 Amigo Street, Las Vegas, Nevada 89119.

9. Aristocrat is engaged in the business of, inter alia, designing, manufacturing,marketing, selling, and distributing video and reel-spinning gaming machines.

10. Aristocrat is registered to do business in Illinois, and is doing business in Illinois.11. Aristocrats registered agent in Illinois is C T Corporation System, 208 South


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LaSalle Street, Suite 814, Chicago, Illinois 60604.

JURISDICTION AND VENUE

12. This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C. 1331 and 1338(a).

13. On information and belief, this Court has personal jurisdiction over Aristocrat atleast because (i) Aristocrat has sold gaming machines in Illinois, and within this District,

including to riverboat casinos in Illinois; (ii) Aristocrat has sales representatives and/or

distributor(s) in Illinois; (iii) Aristocrat is registered with the Illinois Secretary of State to do

business in Illinois; (iv) Aristocrat is registered with and is licensed as a gaming equipment

supplier by the Illinois Gaming Board (http://www.igb.state.il.us/Pending/ILSUPPUBweb.pdf);

(v) Aristocrat has a registered agent in Illinois; and/or (vi) WMS believes Aristocrat has pursued

regulatory approval in Illinois for at least some of the gaming machines at issue in this lawsuit.

14. Venue is proper in this District pursuant to at least 28 U.S.C. 1391(b) and1400(b).

GENERAL ALLEGATIONS

WMSs TRANSMISSIVE REELS Technology

15. The 890, 220, and 884 patents relate to WMSs TRANSMISSIVE REELStechnology.

16. WMSs TRANSMISSIVE REELS technology combines the visceral appeal ofmechanical-reel gaming with the visually engaging, interactive animation of video slots by

projecting graphically-rich video content on a display screen (e.g., a LCD) over a mechanical-

reel slot machine. This creates a unique gaming experience unlike anything ever played before

and provides virtually unlimited bonus game opportunities.


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17. WMSs TRANSMISSIVE REELS technology is found, for example, in WMSsBRUCE LEE gaming machine shown in Illustration 1. The BRUCE LEE gaming machine

practices at least claim 1 of the 890 patent.

Illustration 1. BRUCE LEE game

18. As shown in Illustrations 2, 3, and 4, the BRUCE LEE gaming machine has aLCD providing video images overlaying mechanical reels.

Illustration 2. BRUCE LEE game Illustration 3. BRUCE LEE game



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19. As shown in Illustration 5, a player of the BRUCE LEE gaming machine cansee the symbols on the mechanical reels through the LCD in the portions of the LCD located

over the mechanical reels.


20. The LCD of the BRUCE LEE gaming machine provides video images thatinteract with the symbols on the mechanical reels. For example, as shown in Illustration 6, the

video image provided by the LCD includes boxes around each of the reels, the video image has

changed from transparent to opaque over the symbols on the left and right reels, and the video

image includes the word WILD superimposed over the symbols on the left and right reels.

The video image also includes a red pay line over symbols on the reels.



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21. The LCD of the BRUCE LEE gaming machine also provides video images that present a special event of the wagering game, the special event including one or more game

indicia selectable by the player. For example, as shown in Illustrations 7, 8, and 9, the BRUCE

LEE gaming machines includes a bonus feature that is played on the touch sensitive LCD.

The player may touch one of the stars to potentially receive a bonus.

Illustration 7. BRUCE LEE game Illustration 8. BRUCE LEE game


Aristocrats Infringing Activities

22. On information and belief, Aristocrat has copied WMSs TRANSMISSIVEREELS technology into its gaming machines in the Viridian Hybrid cabinet with Active

Reel Technology, including at least the Winning Wishes gaming machines (Persian Prize, Pixie

Riches, and Tahitian Treasures), the Zorro gaming machines (The Legend Returns and The Mask


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& The Rose), the Ultra Spin gaming machines (Diamond Destiny and Ruby Saloon), and the

Stormin Jackpots gaming machines.

23. Aristocrat describes its gaming machines in its Viridian Hybrid cabinet withActive Reel Technology as follows:

VIRIDIAN HYBRID with Active Reel Technology is thestandard-setting new line of games that has the potential to feature

a 5-reel stepper base game, a full screen video and a 3-reel stepper bonus, all in the same game! The magic is made possible with

Aristocrats innovative LCD with reel windows and shutters.The shutter technology brings an incredible level of interactivity to

the stepper world. In addition to the exciting stepper game, theshutters open and close to create an LCD touch-screen to further

engage the player. Stunning graphics stretch top to bottom andawesome sound surrounds the player. (See

http://www.aristocrat.com.au/products/cabinets/Pages/CabinetDetail.aspx?Title=Viridian%20Hybrid.)

24. A video demo of Aristocrats Zorro - The Legend Returns gaming machine isavailable on Aristocrats website at http://www.aristocrat.com.au/products/games/Pages/

gamedetail.aspx?GameTitle=Zorro - The Legend Returns.

25. A video demo of Aristocrats Winning Wishes - Pixie Riches gaming machineis available on Aristocrats website at http://www.aristocrat.com.au/products/games/

Pages/gamedetail.aspx? GameTitle=Winning Wishes.

26. A video demo of Aristocrats Ultra Spin - Diamond Destiny gaming machine isavailable on Aristocrats website at http://www.aristocrat.com.au/products/games/Pages/

gamedetail.aspx? GameTitle=Ultra Spin.

27. The video demo referenced in paragraph 25 for Aristocrats Winning Wishes -Pixie Riches gaming machine demonstrates Aristocrats infringement of at least claim 1 of the

890 patent, at least claim 48 of the 220 patent, and at least claim 1 of the 884 patent, as


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described further in paragraphs 28 through 31 below.

28. Illustration 10 is an annotated excerpt from the video demo referenced in paragraph 25. As shown in Illustration 10, Aristocrats Winning Wishes - Pixie Riches

gaming machine has a LCD providing video images overlaying mechanical reels, and a player of

the gaming machine can see the symbols on the mechanical reels through the LCD in the

portions of the LCD located over the mechanical reels.

29. Illustration 11 is an excerpt from the video demo referenced in paragraph 25. Asshown in Illustration 11, the LCD of Aristocrats Winning Wishes - Pixie Riches gaming

machine provides video images that interact with the symbols on the mechanical reels. In this

example, the video image provided by the LCD includes boxes around each of the reels and the

video image has changed from transparent to opaque over the symbols on the fourth reel.

Illustration 10. Winning Wishes - Pixie Riches game

Mechanical reels

LCD providing video

images overlaying the

mechanical reels


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Illustration 11. Winning Wishes - Pixie Riches game

30. As also shown in Illustration 11, the LCD of Aristocrats Winning Wishes -Pixie Riches gaming machine displays a specific image simultaneously on at least partially the

area not over the symbols on the reels and on at least partially the area over the symbols on the

fourth reel, such that the LCD prevents the player from seeing the symbols on the fourth reel.

Alternatively, as shown in Illustration 10, the LCD of Aristocrats Winning Wishes - Pixie

Riches gaming machine displays the specific image on at least partially the area not over the

symbols on the reels, but not on any of the areas over the symbols on the reels, such that the

LCD permits the player to see the symbols on the reels along with at least a portion of the

specific image displayed only on the areas not over the symbols on the reels.

31. Illustration 12 is an excerpt from the video demo referenced in paragraph 25. Asshown in Illustration 12, the LCD of Aristocrats Winning Wishes - Pixie Riches gaming

machine also provides video images that present a special event of the wagering game, the

special event including one or more game indicia selectable by the player. In this example,

Aristocrats Winning Wishes - Pixie Riches gaming machine includes a bonus feature that is

played on the touch sensitive LCD. The player may touch one of the lamps to potentially receive


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patent.

38. Aristocrats infringement of the 890 patent will continue unless enjoined by thisCourt.

COUNT II INFRINGEMENT OF U.S. PATENT NO. 7,585,220

39. WMS incorporates herein the allegations of paragraphs 1 through 31 above.40. WMS has never licensed or permitted Aristocrat to practice any of the legal rights

granted under the 220 patent.

41. Aristocrat has infringed, and is infringing, one or more claims of the 220 patentunder at least 35 U.S.C. 271(a) by making, using, selling, offering to sell, and/or importing into

the United States gaming machines in its Viridian Hybrid cabinet with Active Reel

Technology.

42. On information and belief, Aristocrats infringement of the 220 patent has been,and continues to be, with full knowledge of the 220 patent and is a deliberate and willful

infringement thereof.

43. By reason of Aristocrats infringement of the 220 patent, Aristocrat has causedand continues to cause WMS to suffer damage and irreparable harm.

44. WMS has no adequate remedy at law for Aristocrats infringement of the 220patent.

45. Aristocrats infringement of the 220 patent will continue unless enjoined by thisCourt.

COUNT III INFRINGEMENT OF U.S. PATENT NO. 7,322,884

46. WMS incorporates herein the allegations of paragraphs 1 through 31 above.47. WMS has never licensed or permitted Aristocrat to practice any of the legal rights


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actual notice of the injunction, by personal service or otherwise, be permanently enjoined from

infringing the 890, 220, and 884 patents;

c) Aristocrat be directed to pay WMS the amount of damages WMS has sustained asa result of Aristocrats acts of patent infringement, and that such damages be trebled under 35

U.S.C. 284;

d) This be declared an exceptional case under 35 U.S.C. 285;e) WMS be awarded its attorneys fees;f) Aristocrat be directed to pay an award of pre-judgment interest, post-judgment

interest, and costs of the suit to WMS; and

g) WMS be granted such other further relief as the Court may deem proper and just.

Respectfully submitted,

Dated: January 18, 2012 /s/ Michael J. Harris

Timothy C. Meece (IL Bar No. 06226967)

[email protected]. Bryan Medlock

[email protected]

Michael J. Harris (IL Bar No. 06280168)

[email protected] & WITCOFF, LTD.

10 South Wacker Drive, Suite 3000Chicago, Illinois 60606

Telephone: (312) 463-5000Facsimile: (312) 463-5001

Attorneys for Plaintiff,

WMS Gaming Inc.

wms gaming v. aristocrat technologies

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