Virtual Immersion Technologies LLC v. AltspaceVR Inc. Docket Item 1

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF
DELAWARE
VIRTUAL IMMERSION
TECHNOLOGIES LLC,
Plaintiff,
v.

ALTSPACEVR INC.,
Defendant. Civil Action No. ______________
JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Virtual Immersion Technologies LLC (“VIT” or “Plaintiff”), for its Complaint
against Defendant
AltspaceVR Inc., (“Altspace” or “Defendant”) alleges the following:
NATURE OF THE ACTION

1.
This is an action for patent infringement arising under the Patent Laws of the United
States, 35 U.S.C. § 1
et seq.
THE PARTIES
2.
Plaintiff is a Limited Liability Company organized under the laws of the State of
Texas.
3.
Upon information and belief, Altspace is a corporation organized and existing under
the laws of
Delaware
,

with a place of business at 900 Veterans Blvd., Suite 510, Redwood City,
CA 94063
,

and can be served
through its registered agent
United states Corporation Agents, Inc.
300 Delaware Ave.
Suite 210
-A, Wilmington, DE 19801. Upon information and belief, Altspace
sells and offers to sell products and services throughout the United States, including in this
judicial district, and introduces products and services into the stream of commerce that Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 1 of 12 PageID #: 1
Page 2 of 12
incorporate infringing technology knowing that they would be sold in this judicial district and
elsewhere in the United States.
JURISDICTION AND VEN
UE
4.
This is an action for patent infringement arising under the Patent Laws of the
United States, Title 35 of the United States Code.
5.
This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
6.
Venue is proper in this judicial district under 28 U.S.C. § 1400(b). On
information and belief, Defendant
is incorporated in the State of Delaware
.
7.
On information and belief, Defendant is subject to this Court’s general and
specific personal jurisdiction because Defendant has sufficient minimum contacts within the
State of
Delaware
and this District, pursuant to due process and/or the Delaware Long Arm
Statute because Defendant purposefully availed itself of the privileges of conducting business in
the State of
Delaware

and in this District, because Defendant regularly conducts and solicits
business within the State of
Delaware
and within this District, and because Plaintiff’s causes of
action arise directly from Defendant’s business contacts and other activities in the State of
Delaware

and this District. Further, this Court has personal jurisdiction over Defendant because
it is incorporated in Delaware and has purposely availed itself of the privileges and benefits of
the laws of the State of Delaware.
COUNT I
–

INFRINGEMENT OF U.S. PATENT NO. 6,409,599
8.
The allegations set forth in the foregoing paragraphs 1 through 7 are incorporated
into this First Claim for Relief.
9.
On July 25, 2002, U.S. Patent No. 6,409,599 (“the ’599 patent”), entitled
“Interactive Virtual Reality Performance Theater Entertainment System,” was duly and legally Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 2 of 12 PageID #: 2
Page 3 of 12
issued by the United States Patent and Trademark Office. A true and correct copy of the ’599
patent is attached as Exhibit 1.
10.
The inventors of the ’599 patent took considerable personal risks to nurture and
prove out the technology systems described in the ’599 patent, contributing substantially to
today's virtual reality industry explosion.
11.
The inventors of the ’599 patent have utilized the technology described by the
’599 patent for more than ten years,
shipping virtual reality systems to
five continents and
entertaining or educating an estimated 30 million people worldwide with their immersive virtual
reality live theater attractions and promotions.
12.
The virtual reality theater technology created by the inventors has been
recognized and awarded on an international scale, the products winning “Best New Product” and
“Best of Show” at the International Association of Amusement Parks and Attractions global
convention in Atlanta in November 2000, and again for
‘Best of Show’ in 2002 in Orlando, as
well as national awards for graphics and creativity in the Print Media industry. The products and
concepts
have garnered dozens of feature articles in news media promoting clients and their
products in a variety of industries.

13.
The inventors of the ’599 patent continue to have a direct interest in activities
related to
the ’599 patent, working closely with Plaintiff to identify and evaluate entities making
use of the technology claimed by the ’599 patent without permission or license thereto.

14.
The inventions of the ’599 patent resolve technical problems related to virtualized
interactive technology. For example, the inventions allow parties to interact in a virtual
environment in real time with one or more
live
performers
and participants which, on
information and belief, is exclusively implemented using co
mputer technology. Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 3 of 12 PageID #: 3
Page 4 of 12

15.
The claims of the ’599 patent do not merely recite the performance of some
business practice known from the pre-Internet world along with the requirement to perform it on
the Internet. Instead, the claims of the ’599 patent recite one or more inventive concepts that are
rooted in computerized
virtual reality technology, and overcome problems specifically arising in
the realm of computerized
virtual reality
technologies.
16.
The claims of the ’599 patent recite an invention that is not merely the routine or
conventional use of computerized communication technology. Instead, the invention makes it
possible to interact with one or more
live
performers and/or participants in a virtualized
environment which does not require the physical presence of either the one or more performers
or participants in order for such interactions to take place. The ’599 patent claims thus specify
how
communication input, output, and system devices are manipulated to yield a virtual,
interactive experience controlled in part by one or more participants.
17.
The technology claimed in the ’599 patent does not preempt all ways of using
interactive communications technology,

nor preempt the use of
any well-known communications
technology,

nor preempt any other well-known or prior art technology.
18.
Accordingly, each claim of the ’599 patent recites a combination of elements
sufficient to ensure that the claim in practice amounts to significantly more than a patent on an
ineligible concept.
19.
Plaintiff is the assignee and owner of the right, title and interest in and to the ’599
patent, including the right to assert all causes of action arising under said patents and the right to
any remedies for infringement of them.
20.
Upon information and belief, Defendant has and continues to indirectly infringe at
least
claims
1, 2, 8, and 9 of the ’599 patent by making, using, selling, importing and/or Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 4 of 12 PageID #: 4
Page 5 of 12
providing and causing to be used an interactive, real time, virtual reality system (the “Accused
Instrumentalities”).
21.
In particular, claim 1 of the ’599 patent generally recites a virtual reality system
for
one or more
performers and participants comprising an immersive virtual environment,
one
or more performer

input and output devices
in electronic communication with the virtual
environment, one or more participant input and output devices in electronic communication with
the virtual environment, wherein the virtual environment includes a video image of
one or more
live performer
s with audio communication between one or more live performers and one or more
participants, wherein one or more participants interacts with one or more live performers and the
virtual environment resulting in an experience partially controlled by
one or more
participants
using an input device.

22.
Use of the Accused Instrumentalities by Defendant’s partners, customers, and/or
end users
infringes claim 1 of the ’599 patent through a combination of features which
collectively practice each limitation of claim 1. (See, e.g.,
https://www.youtube.com/watch?v=pjf8UV7pQJk
;
https://www.youtube.com/watch?v=e4K7mxk17cc;
https://www.youtube.com/watch?v=BTBiZ0ahYpI;
https://www.youtube.com/watch?v=a09xh9PAUn8;
https://www.youtube.com/watch?v=7SZqglzScZE&feature=youtu.be;
http://www.nbcnews.com/politics/elections/virtual-democracy-plaza-join-al-roker-nbcu-talent-
free-virtual-n651211; http://www.newscaststudio.com/2016/09/21/nbc-news-virtual-reality-
democracy-plaza/; http://www.nbcnews.com/card/virtual-democracy-plaza-join-vr-event-chuck-
todd
-n664376; http://www.nbcuniversal.com/press-release/telemundo-news%E2%80%99-Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 5 of 12 PageID #: 5
Page 6 of 12
jos%C3%A9-d%C3%ADaz-balart-host-virtual-reality-qa-nbc%E2%80%99s-democracy-plaza;
http://www.nbcuniversal.com/press-release/nbc-news-and-msnbc-light-democracy-plaza-all-day-
ele
ction-coverage-tuesday-nov-8; https://altvr.com/nbcnews/;
http://satprnews.com/2016/11/17/nbc-news-is-experimenting-with-live-virtual-reality-to-cover-
news-events/; http://mmc-news.com/politics/virtual-democracy-plaza-meet-jose-diazbalart-
janeane-garofalo-more-in-vr.html; https://altvr.zendesk.com/hc/en-us/articles/206869513-
Minimum
-System-Specifications; https://altvr.zendesk.com/hc/en-us/articles/203233595-Install-
Guide; https://altvr.zendesk.com/hc/en-us/articles/202183339-What-kind-of-input-can-I-use-
with-AltspaceVR-; https://altvr.zendesk.com/hc/en-us/articles/202568839-How-do-I-control-my-
avatar-with-Mouse-Keyboard-; https://altvr.zendesk.com/hc/en-us/articles/202568869-What-are-
the-little-buttons-on-the-screen-and-what-do-they-do-.)
23.
Claim 2 of the ’599 patent generally recites the system of claim 1 wherein the
immersive virtual reality environment comprises a processing device, system data, output data
and a
network which connects the processing device, performer and participant input and output
devices in electronic communication, thereby transmitting the system and output data to the live
performer and participant.

24.
Use of the Accused Instrumentalities by Defendant’s partners, customers, and/or
end users infringes claim 2 of the ’599 patent through a combination of features which
collectively practice each limitation of claim 2.
(See, e.g.,
https://www.youtube.com/watch?v=pjf8UV7pQJk
;
https://www.youtube.com/watch?v=e4K7mxk17cc;
https://www.youtube.com/watch?v=BTBiZ0ahYpI;
https://www.youtube.com/watch?v=a09xh9PAUn8; Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 6 of 12 PageID #: 6
Page 7 of 12
https://www.youtube.com/watch?v=7SZqglzScZE&feature=youtu.be;
http://www.nbcnews.com/politics/elections/virtual
-democracy-plaza-join-al-roker-nbcu-talent-
free-virtual-n651211; http://www.newscaststudio.com/2016/09/21/nbc-news-virtual-reality-
democracy-plaza/; http://www.nbcnews.com/card/virtual-democracy-plaza-join-vr-event-chuck-
todd
-n664376; http://www.nbcuniversal.com/press-release/telemundo-news%E2%80%99-
jos%C3%A9-d%C3%ADaz-balart-host-virtual-reality-qa-nbc%E2%80%99s-democracy-plaza;
http://www.nbcuniversal.com/press-release/nbc-news-and-msnbc-light-democracy-plaza-all-day-
election-coverage-tuesday-nov-8; https://altvr.com/nbcnews/;
http://satprnews.com/2016/11/17/nbc-news-is-experimenting-with-live-virtual-reality-to-cover-
news-events/; http://mmc-news.com/politics/virtual-democracy-plaza-meet-jose-diazbalart-
janeane-garofalo-more-in-vr.html; https://altvr.zendesk.com/hc/en-us/articles/206869513-
Minimum
-System-Specifications; https://altvr.zendesk.com/hc/en-us/articles/203233595-Install-
Guide; https://altvr.zendesk.com/hc/en-us/articles/202183339-What-kind-of-input-can-I-use-
with-AltspaceVR-; https://altvr.zendesk.com/hc/en-us/articles/202568839-How-do-I-control-my-
avatar-with-Mouse-Keyboard-; https://altvr.zendesk.com/hc/en-us/articles/202568869-What-are-
the-little-buttons-on-the-screen-and-what-do-they-do-.)
25.
Claim 8 of the ’599 patent generally recites a system which interacts with
participants and performers comprising an immersive virtual reality environment, said
environment further comprising a processing device, system data, output data and a network;
participant and performer input and output devices in electronic communication with the
immersive virtual reality environment; wherein at least one participant interacts with at least one
live performer and the immersive virtual reality environment resulting in an experience in part
controlled by the participant and participant input device; the network connecting the processing, Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 7 of 12 PageID #: 7
Page 8 of 12
performer and participant input and output devices in electronic communication, thereby
transmitting the system and output data to the live performer and participant; and the network
connecting the immersive virtual
reality environment and participant input and output devices
across the Internet.
26.
Use of the Accused Instrumentalities by Defendant’s partners, customers, and/or
end users infringes claim
8

of the ’599 patent through a combination of features which
collectively practice each limitation of claim
8
.
(See, e.g.,
https://www.youtube.com/watch?v=pjf8UV7pQJk
;
https://www.youtube.com/watch?v=e4K7mxk17cc;
https://www.youtube.com/watch?v=BTBiZ0ahYpI;
https://www.youtube.com/watch?v=a09xh9PAUn8;
https://www.youtube.com/watch?v=7SZqglzScZE&feature=youtu.be;
http://www.nbcnews.com/politics/elections/virtual
-democracy-plaza-join-al-roker-nbcu-talent-
free-virtual-n651211; http://www.newscaststudio.com/2016/09/21/nbc-news-virtual-reality-
democracy-plaza/; http://www.nbcnews.com/card/virtual-democracy-plaza-join-vr-event-chuck-
todd
-n664376; http://www.nbcuniversal.com/press-release/telemundo-news%E2%80%99-
jos%C3%A9-d%C3%ADaz-balart-host-virtual-reality-qa-nbc%E2%80%99s-democracy-plaza;
http://www.nbcuniversal.com/press-release/nbc-news-and-msnbc-light-democracy-plaza-all-day-
election-coverage-tuesday-nov-8; https://altvr.com/nbcnews/;
http://satprnews.com/2016/11/17/nbc-news-is-experimenting-with-live-virtual-reality-to-cover-
news-events/; http://mmc-news.com/politics/virtual-democracy-plaza-meet-jose-diazbalart-
janeane-garofalo-more-in-vr.html; https://altvr.zendesk.com/hc/en-us/articles/206869513-
Minimum
-System-Specifications; https://altvr.zendesk.com/hc/en-us/articles/203233595-Install-Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 8 of 12 PageID #: 8
Page 9 of 12
Guide; https://altvr.zendesk.com/hc/en-us/articles/202183339-What-kind-of-input-can-I-use-
with-AltspaceVR-; https://altvr.zendesk.com/hc/en-us/articles/202568839-How-do-I-control-my-
avatar-with-Mouse-Keyboard-; https://altvr.zendesk.com/hc/en-us/articles/202568869-What-are-
the-little-buttons-on-the-screen-and-what-do-they-do-.)
27.
Claim 9 of the ’599 patent generally recites a method of providing interactive
communications between participants and performers comprising the steps of providing an
immersive virtual reality environment;
providing performer and participant input and output
devices in communication with the immersive virtual reality environment; having the live
performer interact with the participant and immersive virtual reality environment by including a
live or prerecorded image of the live performer and audio communication between the live
performer and the participant or between the participant and live performer or both; having the
participant interact with the live performer producing an experience controlled by the participant
and participant input device.
28.
Use of the Accused Instrumentalities by Defendant’s partners, customers, and/or
end users infringes claim 9 of the ’599 patent through a combination of features which
collectively practice each limitation of claim 9.
(See, e.g.,
https://www.youtube.com/watch?v=pjf8UV7pQJk
;
https://www.youtube.com/watch?v=e4K7mxk17cc;
https://www.youtube.com/watch?v=BTBiZ0ahYpI;
https://www.youtube.com/watch?v=a09xh9PAUn8;
https://www.youtube.com/watch?v=7SZqglzScZE&feature=youtu.be;
http://www.nbcnews.com/politics/elections/virtual
-democracy-plaza-join-al-roker-nbcu-talent-
free-virtual-n651211; http://www.newscaststudio.com/2016/09/21/nbc-news-virtual-reality-Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 9 of 12 PageID #: 9
Page 10 of 12
democracy-plaza/; http://www.nbcnews.com/card/virtual-democracy-plaza-join-vr-event-chuck-
todd
-n664376; http://www.nbcuniversal.com/press-release/telemundo-news%E2%80%99-
jos%C3%A9-d%C3%ADaz-balart-host-virtual-reality-qa-nbc%E2%80%99s-democracy-plaza;
http://www.nbcuniversal.com/press-release/nbc-news-and-msnbc-light-democracy-plaza-all-day-
election-coverage-tuesday-nov-8; https://altvr.com/nbcnews/;
http://satprnews.com/2016/11/17/nbc-news-is-experimenting-with-live-virtual-reality-to-cover-
news-events/; http://mmc-news.com/politics/virtual-democracy-plaza-meet-jose-diazbalart-
janeane-garofalo-more-in-vr.html; https://altvr.zendesk.com/hc/en-us/articles/206869513-
Minimum
-System-Specifications; https://altvr.zendesk.com/hc/en-us/articles/203233595-Install-
Guide; https://altvr.zendesk.com/hc/en-us/articles/202183339-What-kind-of-input-can-I-use-
with-AltspaceVR-; https://altvr.zendesk.com/hc/en-us/articles/202568839-How-do-I-control-my-
avatar-with-Mouse-Keyboard-; https://altvr.zendesk.com/hc/en-us/articles/202568869-What-are-
the-little-buttons-on-the-screen-and-what-do-they-do-.)
29.
On information and belief, these Accused Instrumentalities are used marketed,
provided to, and/or used by or for
each of Defendant’s partners, clients, customers and end users
across the country and in this District.
30.
Defendant was made aware of the ’599 patent and its infringement thereof at least
as early
the filing of this Complaint
.
31.
Upon information and belief, since at least the time Defendant received notice,
Defendant has induced and continues to induce others to infringe at least
one claim of the ’599
patent under 35 U.S.C. § 271(b) by, among other things, and with specific intent or willful
blindness, actively aiding and abetting others to infringe, including but not limited to each of Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 10 of 12 PageID #: 10
Page 11 of 12
Defendant’s partners, clients, customers, and end users, whose use of the Accused
Instrumentalities constitutes direct infringement of at least one claim of the ’59 patent.
32.
In particular, Defendant’s actions that aid and abet others such as its partners,
customers, clients, and end users to infringe include advertising and distributing the Accused
Instrumentalities and providing instruction materials, training, and services regarding the
Accused Instrumentalities. On information and belief, Defendant has engaged in such actions
with specific intent to cause infringement or with willful blindness to the resulting infringement
because Defendant has
had actual knowledge of the ’599 patent and knowledge that its acts were
inducing infringement of the ’599 patent since at least the date Defendant received notice that
such activities infringed the ’599 patent.
33.
Upon information and belief, Defendant is liable as a contributory infringer of the
’599 patent under 35 U.S.C. § 271(c) by offering to sell, selling and importing into the United
States computerized trading platforms to be especially made or adapted for use in an
infringement of the ’599 patent. The Accused Instrumentalities are a material component for use
in practicing the ’599 patent and are specifically made and are not a staple article of commerce
suitable for substantial non
-infringing use.
34.
Since the filing of the Complaint, Defendant’s infringement has been willful.
35.
Plaintiff has been harmed by Defendant’s infringing activities.
JURY DEMAND
Pursuant to Rule 38 of the Federal Rules of Civil Procedure,
Plaintiff demands a trial by
jury on all issues triable as such.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment for itself and against Defendant as follows:
A. An adjudication that Defendant has infringed the ’599 patent; Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 11 of 12 PageID #: 11
Page 12 of 12
B. An award of damages to be paid by Defendant adequate to compensate Plaintiff
for
Defendant’s past infringement of the ’599 patent, and any continuing or future infringement
through the date such judgment is entered, including interest, costs, expenses and an accounting
of all infringing acts including, but not limited to, those acts not presented at trial;

C. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
Plaintiff’s reasonable attorneys’ fees; and
D. An award to Plaintiff of such further relief at law or in equity as the Court deems
just and proper.
Dated: June 27, 2017

DEVLIN LAW FIRM LLC
/s/
Timothy Devlin_____________
Timothy Devlin (No. 4241)
[email protected]
Robert Kiddie (pro hac vice to be filed)
[email protected]
1306 N. Broom St., 1
st

Floor
Wilmington, Delaware 19806

Telephone: (302) 449-9010
Facsimile: (302) 353-4251

Attorneys for Plaintiff
Virtual Immersion
Technologies LLC

Case 1:17-cv-00838-UNA Document 1 Filed 06/27/17 Page 12 of 12 PageID #: 12