IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

SEGANLLC

Plaintiff,

v. CivilActionNo.

INC.

Defendant. JuryTrialDemanded
PLAINTIFF'S COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff,SeganLLC, filesthisComplaintagainstDefendant,Zynga, Inc.,and,insu port
thereof,furtherstatesandallegesasfollows:
THEPARTIES
1. Plaintiff, Sdgan LLC, is aNewYorklimitedliabilitycompany, havinga of
businesslocatedat33-00NorthernBoulevard,LongIslandCity,NewYork, 11101.
2. Upon information and belief, Defendant Zynga, Inc. is a Delaware corpor lon,
having aplace ofbusiness located at 444 De Haro Street, Sui 132, San Francisco, Cali rnia
94107.
JURISDICTION AND VENU
3. Thisisachrilactionfor infringementunderthe1wsof theUnitedStates,Title35
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UnitedStatesCode 1,eI seq.
4. This Court has original subject matter jurisdi tion under 28 U.S.C.
(federalquestion)and1338(a)(patent-exclusivejurisdiction).
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5. Upon inforJ11ation and belief, thisCourthas personaljurisdictionoverDefe dant
because Defendant is a corporation organized and existing under the laws ofthe Sta of
Delawareandbecause hasconductedanddoesconductbusinesswithintheDistnbtof
Delaware.
6. Venueisproperunder28U.S.C. 1391(b)and(c)and 1400(b),as Defend tis
subjecttopersonaljurisdictioninthisdistrict.

A. Inventors
7. Joint-inventorMarcSeganistheFounderandPresidentofPlaintiff,SeganL
productinventionanddevelopmentcompany. Mr. Seganisaprolificinventorandentrepre eur,
havingdesignedanddevelfpednumerouselectronicandotherproductsoverthepastthirtY-I ee
years thathavebeen to orwhichhavebeenusedbymajorcorporations. In additi?nto
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founding SeganLLC, Mr.iSegan founded orco-founded SwartztrauberlSeganInc., M. H. sbgan
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& Company Inc., Quadlogic Controls Corp., Long Hall Technologies, L.L.C., and The
Animated Animations Company LLC, each ofwhich has developed and produced num ous
innovativeproductsthat beenwidelydistributedandhighlyprofitable.
'S. JOint-inv4r Gene Lewin has served in management positions for various
technologycompaniesfornearly20years. For13 years,beginningin1993,Mr. Lewinservrdas
theDirectorofInformationTechnologyfor PlaintifforPlaintiffspredecessor,whereMr. WIll
maintained the informatibn technology infrastructure and provided numerous custo
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applications, including prototyping tools to aid in consumer electronic product de$ign.
During his tenure at LLC, Mr. Lewin worked closely with Mr. Segan to the
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conceptbehinda systemfor viewingcontentoveranetwork, whichisthe subjectoftheprsent
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patent-in-suit, and developed all of the back-end communications components for the i
prototype of that system.
B. U.S. Patent No.
9. On May 30, 2006, the U.S. Patent and Trademark Office duly and legally itI ed
U.S. Patent No. 7,054,928
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("the '928 patent"), entitled "System for Viewing Content 0 r a
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Network and Method Thenrfor." Mr. Segan and Mr. Lewin are named as joint inventors. Aitrue
and correct copy of the '928 patent is attached hereto as Exhibit A.
10. Plaintiff, Segan LLC, is the owner by assignment of the '928 patent.
11. On June 30,12011, Plaintiff sent to Defendant, vi United Parcel Service ove'ght
delivery, a copy of the '928 patent and a letter informing Defend nt of the '928 patent.
COUNT I
Infrin ement of the '928 Paten
12. Plaintiff inclJrporates the allegations of paragrap s 1 through 11 . as though rllY
set forth herein. .
13. Upon infOlfation and belief, Defendant's busin ss is fundamentally predi4ated
on it making, using, semnJ.:., offering for sale, and/or importing into the United States a Varier of
computer applications cov:ered by the '928 patent, including but not limited to, Cafe Wrrld,
CityVille, Empires & Allieis, FarmVille, FishVille, FrontierVille, Mafia Wars, PetVille, Treasure
Isle, Yo Ville, and Zynga ptker.
14. Upon inforrpation and belief, Defendant has directly and/or indirectly
and continues to infringe, the '928 patent, by, inter alia, making, using, selling, offering for
and/or importing these in the District of Delaware and elsewhere in the United Statb.
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15. Upon info ation and belief, Defendant has directly and/or indirectly infri ged,
and continues to infring , the '928 patent, by, inter alia, distributing, marketing,
advertising these products 'n the District of Delaware and else here in the United States,
contributing to and inducing others to make, use, offer for sal , sell, import, distribute, m
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and/or advertise products cf:>vered by the '928 patent.
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16. As a direct proximate result of Defendant's acts of infringement of the 928
patent, Plaintiff has injury and monetary damages for which Plaintiff is entitled to r lief,
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in no event less than a reas?nable royalty to compensate for Defendant's infringement.
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17. Upon infotmation and belief, Defendant has knowingly, willfully, ,and
deliberately infringed the r928 patent in conscious disregard of Plaintiffs rights, making :this
case exceptional within thi meaning of 35 U.S.C. 285 and justifying treble damages pur ant
to 35 U.S.C. 284. I
18. Upon infonhation and belief, Defendant will continue to infringe the'928 p
causing immediate and iqeparable harm unless this Court enjoins and restrains Defend t's
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activities.
19. Upon infoqnation and belief, the infringement by Defendant has, and ill,
deprive Plaintiff of royaltjes and other related revenue which Plaintiff would have rna or
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would enjoy in the future; Ihas injured Plaintiff in other respects; and will cause Plaintiff a ded
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injury and damage unless pefendant is enjoined from infringing the '928 patent on all pro ncts
Defendant will make, use,1 offer for sale, sell, import, distribute, market, or advertise unti the
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expiration of the '928 pateI!tt.
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PRAYER FOR RELIEF
WHEREFORE, SeganLLC,respectfullyrequeststhisCourtto:
A. Enterjudgment for Plaintiffthat the '928 patent was duly and legally issue , is
valid,enforceable,andhasfeeninfringed,directlyorindirectly,byDefendant;
B. Enter judgnjlent for Plaintiff that Defendant has willfully infringed, an IS
willfullyinfringing,oneormoreclaimsofthe'928patent;
C. Order to account in written form for and to pay to Plaintiff adtual
damages to compensate for Defendant's infringement ofthe '928 patent through land
including the date ofentry: ofthe judgment on the jury's verdict, including but not limite. to,
damages ofno less thana reasonable royalty, together with interest and costs under 35
284,andfurther orderthaisuchdamagesbetrebledduetoDefendant'sdeliberate,willfuI,I and
knowingconduct;
D. Issue a preljminary injunction restraining the Defendant, its directors, offitrs,
agents,employees, subsidiaries,assigns,affiliatesandall personsactinginprivi. or
In concert or participation with any of them from the continued infringement,
dirlor
contributory,oractiveindJcementofinfringementbyothers,of the '928patent;
E. Issue a pe$anent injunction restraining the Defendant, its directors, officers,
agents,employees, subsidiaries,assigns,affiliatesandallpersonsactingin or
in concert or with any of them from the continued infringement, or
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contributory,oractive of infringementbyothers,ofthe'928patent;
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F. Direct to file with this Court, and to serve on Plaintiff, written trt
setting forth in ,etail the manner and form in which Defendant has complied with the
InJunctIOn; .
O. In lieu of a order the Defendant to pay to Plaintiff mon
. damages that will be suffered as a result of Defendant's continuing post-verdict infringeme of
the '928 patent by the Defendant to take a compulsory license at a reasonable royalty
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rate to be determined by t,e Court on all products that Defendant makes, uses, offers for
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sells, imports, distributes, $arkets, or advertises that infringe the '928 patent until the expiration
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of the '928 patent, which Iroyalty payments shall commence three months after entry 0 the
judgment and shall be madie quarterly thereafter, and shall be accompanied by an accounti
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the sales of infringing products by the Defendant;
H. Order such other measures in the form of audit rights, interest on late
and appropriate security to protect Plaintiff s rights;
I. Order to pay Plaintiff its costs, expenses, and fees, including
reasonable attorneys' fees pursuant to 35 U.S.C. 285, and pre-judgment and post-jud ent
interest at the maximum allowed by law; and
J. Orant Plaintiff such other and further relief as the Court may deem just I and
proper.
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JURY DEMAND
1 the Pursuant to Rule 3. of the Federal Rules of Civil Procedure, Plaintiff demands tha
issues in this case be tried ijy a jury.
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Dated: July29,2011
OF-COUNSEL FOR PLAINTIFF
SEGANLLC:
VictorM. Wigman,Esq.
CharlesR. Wolfe,Jr.,Esq.
BrianWm.Higgins,Esq.
NicholasM.Nyemah,Esq.:
BLANKROMELLP
Watergate
600NewHampshireAve.,N.W.
Washington,DC 20037
(Ph) (202)772-5800
(Fax) (202)772-5858
E-mail: Wigman@blankrome.com
E-mail: Wolfe@blankrome.com
E-mail: Higgins@blankrorne.com
E-mail:Nyemah@blankrmjne.com
Respectfullysubmitted,
(DELD.No. 5283)
BLANKROMELLP
1201 MarketSt.
Wilmington,DE. 19801
(Ph)302-425-6418
(Fax)302-428-5102
E-mail:dorey@blankrome.com
ATTORNEY FOR PLAINTIFF
SEGANLLC
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