Walker Digital LLC. v. 2K Games Inc. et al


U.S. District Court, District of Delaware


Case No. 11-cv-00649, Filed July 22, 2011

Earlier this year we reported on Walker Digital’s suit against 2K Games, filed April 25, 2011. Walker voluntarily dismissed the April claims against 2K Games and all other defendants on April 28 and May 4. Only to sue them again.

In the present suit, filed July 22, Walker alleges that Take-Two Interactive Software, three subsidiaries, 2K Games Inc., 2K Sports Inc,. and Grand Theft Auto-creator Rockstar Games Inc., infringe on patents for technology enabling electronic tournament game play for multiple players and storing player information for future use.

The patents-in-suit are U.S. Patent Numbers 6,224,486, issued in 2001 and titled “Database driven online distributed tournament system”; and 6,425,828, issued in 2002 with the same title. Walker alleges that at least three video games sold by the companies, Bioshock 2, Top Spin 4 and Red Dead Redemption, infringe the two patents. These are the same patents that were cited in the April 25 complaint.
This suit continues the onslaught of litigious activity unleashed by Walker this year. On April 25, 2011, Walker also filed suit against Google, Amazon and Yahoo alleging infringement of a patent for modifying and displaying a merchant’s advertisement to users by associating a data pattern with the merchant. The suit claims that the companies’ advertising programs infringe U.S. Patent # 7,933,893 which had been issued the day before, on April 24, 2011. This follows a January 3, 2011 suit against Activision et al, and Walker’s filing of 15 different suits against 100 different companies on April 11, 2011.
The present complaint echoes previous filings in describing Walker Digital as “a research and development laboratory consisting of a diverse group of innovators who study human behavior and utilize modern information technology to design novel solutions to business problems.” The company says in its complaint that it is named on more than 500 issued and pending patents. These patents cover technology for gaming, publishing, retailing, education and other industries. Walker has supposedly generated more than $200 million in licensing revenue from its patents. The company is headed by Jay Walker, who, according to the complaint, has “twice been named by the editors of Time magazine as one of the 50 most influential business leaders in the digital age.”
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