1 David R.

Flyer, Bar #100697

A Professional Law Corporation
2 davidflyerplc@aol.com
4120 Birch St., Ste. 101
3 Newport Beach, CA 92660
(949) 622-8444
4 (949) 622-8448 (fax)
DavidFlyerPLC@aol.com
FOR THE CENTRAL DISTRICT OF CALIFORNIA
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Attorneys for Plaintiff
6 JAMES GAMES, INC.
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11 JAMES GAMES, INC.,
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IN THE UNITED STATE DISTRICT COURT ~ . _ )
Case No. SACV12-834 CJc(RNBx)
14 HASBRO, INC.; WAL-MART STORES, INC.;
TARGET CORPORATION DBA TARGET
15 STORES; TOYS 'R' US-DELAWARE, INC.;
MY HOBBY PLACE, LLC; BUY.COM, INC.;
16 DRUGSTORE.COM, INC.; WARNER BROS.
ENTERTAINMENT, INC.; WAD
17 PRODUCTIONS, INC., DBA THE ELLEN
DEGENERES SHOW; ENTERTAINMENT
18 EARTH, INC., DBA
ENTERTAINMENTEARTH.COM; PALO
19 ALTO SPORT SHOP & TOY WORLD, INC.,
DBA SWIMTOWIN.COM; NEWEGG, INC.,
20 DBA NEWEGG.COM; and DOES 1-10,
INCLUSIVE,
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13 vs.
Plaintiffs,
COMPLAINT FOR PATENT
INFRINGEMENT AND DEMAND FOR
JURY TRIAL
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_________D_e_f_en_d_a_n_ts_.--l
24 Plaintiff JAMES GAMES, INC., by and through its attorneys, alleges and avers as
25 follows:
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27 1.
THE PARTIES
JAMES GAMES, INC., ("JAMES") is a corporation organized and existing under
28 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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COMPLAINT FOR PATENT INFRINGEMENT
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California. JAMES designs, manufactures and sells board games.
2. Defendant HASBRO, INC., (HASBRO) is a corporation organized and existing
under the laws of the State of Rhode Island, with a regular and established business in
Orange County, California. Defendant WAL-MART STORES, INC., (WAL-MART) is a
corporation organized and existing under the laws of the State of Delaware, with a regular and
established business in Orange County, California. TARGET CORPORATION dba TARGET
STORES, (TARGET) is a corporation organized and existing under the laws of the State of
Minnesota, with a regular and established business in Orange County, California. Defendant
TOYS R US-DELAWARE, INC., (TOYS R US) is a corporation organized and existing under
the laws of the State of Delaware, with a regular and established business in Orange County,
California. Defendant MY HOBBY PLACE, LLC (MY HOBBY PLACE), is a limited liability
company organized and existing under the laws of the State of Michigan, doing business in
Orange County, California. Defendant BUY.COM, INC., (BUY.COM), is a corporation
organized and existing under the laws of the State of Delaware, with a principal place of
business in Aliso Viejo, Orange County, California. Defendant DRUGSTORE.COM, INC.,
(DRUGSTORE.COM) is a corporation organized and existing under the laws of the State of
Delaware, with a principal place of business in Bellevue, Washington, and doing business in
Orange County, California. Defendant WARNER BROS. ENTERTAINMENT, INC.,
(WARNER) is a corporation organized and existing under the laws of the State of Delaware,
and doing business in Orange County, California. Defendant WAD PRODUCTIONS, INC.,
dba The Ellen DeGeneres Show (WAD), is a corporation organized and existing under the
laws of the State of Delaware, and doing business in Orange County, California. Defendant
ENTERTAI NMENT EARTH, I NC. , dba ENTERTAI NMENTEARTH. COM
(ENTERTAINMENT), is a corporation organized and existing under the laws of the State of
California, with a principal place of business in Simi Valley, California, and doing business in
Orange County, California. Defendant PALO ALTO SPORT SHOP & TOY WORLD, INC., dba
SWIMTOWIN.COM (SWIMTOWIN) is a corporation organized and existing under the laws
of the State of California, with a principal place of business in Palo Alto, California, and doing
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COMPLAINT FOR PATENT INFRINGEMENT
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business in Orange County, California. Defendant NEWEGG, INC., dba NEWEGG.COM
(NEWEGG) is a corporation organized and existing under the laws of the State of Delaware,
with a principal place of business in City of Industry, California, and doing business in Orange
County, California.
3. Plaintiff is unaware of the true identities of DOES 1 through 10, inclusive, and
accordingly sues said Defendants by fictitious names. Plaintiff will ask leave of Court to
amend the Complaint to insert the true names of said Defendants when ascertained. Said
Defendants are responsible for the events and damages set forth below.
4. Each of the Defendants was the agent, servant and/or employee of the
remaining Defendants, and in doing the things herein alleged was acting in the scope of said
agency or employment and/or in concert with said other Defendants, and/or ratified the acts
of said Defendants.
JURISDICTION AND VENUE
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.
6. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. 1338(a).
7. Venue is proper in this District under 28 U.S.C. 1391 and 1400(b).
PATENTS IN SUIT
8. On March 26, 2002, U.S. Patent No. 6361048, entitled GAME BOARD
APPARATUS AND METHOD OF PLAYING SAME, (the 048 Patent) was duly and legally
issued to inventor James Lynn. A copy of the 048 Patent is attached hereto as Exhibit A.
9. James Lynn transferred to JAMES all rights, title and interest in the inventions
described in the 048 Patent.
COUNT I
(Direct Infringement)
10. The allegations of paragraphs 1 through 9 above are repeated and realleged as
if set forth fully herein.
11. Upon information and belief, Defendants HASBRO, WAL-MART, TARGET,
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COMPLAINT FOR PATENT INFRINGEMENT
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TOYS R US, MY HOBBY PLACE, BUY.COM, DRUGSTORE.COM, WARNER, WAD,
ENTERTAINMENT, SWIMTOWIN, NEWEGG, and DOES 1-10, INCLUSIVE infringed and are
presently infringing the 048 Patent by making, using, selling, importing and/or offering to sell
within the United States, and within this Judicial District, products that employ the inventions
of the said Patents. The accused product which disparages Plaintiffs patented inventions is
sometimes referred to as Sorry Spin.
12. Upon information and belief, the infringement by said Defendants has been
willful and deliberate.
13. Plaintiff has been damaged as a result of the infringing activities of said
Defendants and will continue to be damaged unless such activities are enjoined by this Court.
COUNT II
(Doctrine of Equivalents)
14. The allegations of paragraphs 1 through 13 above are repeated and realleged
as if fully set forth herein.
15. Plaintiff alleges that the products being sold by Defendants are different only in
minor and unimportant ways from the inventions for which Patent No. 048 was issued to
Plaintiff. Defendants products appear in substantially the same shape and form as the
patented inventions. There are no material differences between them. Therefore,
Defendants use, sale, importing and offering for sale of products which are virtually identical
to the patented inventions described in Paragraph No. 8, infringe on Plaintiffs Patents.
WHEREFORE, JAMES prays for judgment and relief including:
(a) a declaration that Defendants HASBRO, WAL-MART, TARGET, TOYS R US,
MY HOBBY PLACE, BUY.COM, DRUGSTORE.COM, WARNER, WAD, ENTERTAINMENT,
SWIMTOWIN, and NEWEGG infringed the 048 Patent;
(b) an injunction against Defendants continued infringement of the said Patent;
(c) an accounting for damages resulting from Defendants infringement and that the
damages so ascertained be trebled because of the willful and deliberate nature of Defendants
conduct;
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the disgorgement of Defendants' total profits from sale of said infringing
an assessment of interest on the damages so computed;
an award of JAMES' attorneys fees and costs of this action; and
such other and further relief as this Court deems just and appropriate.
6 PLAINTIFF JAMES GAMES, INC., DEMANDS A TRIAL BY JURY ON ALL ISSUES
7 SO TRIABLE.
1 (d)
2 products;
3 (e)
4 (f)
5 (g)
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11 Dated: /Vlc1t2; 2012
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BY:
Respectfully submitted,
DAVID R. FLYER, A PROFESSIONAL
LAW CORPORATION

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COMPLAINT FOR PATENT INFRINGEMENT
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EXHIBIT A
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Exhibit A -6-
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Exhibit A -7-
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Exhibit A -8-
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Exhibit A -9-
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Exhibit A -10-
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Exhibit A -11-
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Exhibit A -12-
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Exhibit A -13-
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Exhibit A -14-
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Exhibit A -15-
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Exhibit A -18-
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