This case was last updated from PACER on 06/04/2021 at 07:07:00 (UTC).

Skillz Platform Inc. v. AviaGames Inc.

Case Summary

On April 5, 2021, Skillz Platform Inc. (“Skillz” or “Plaintiff”), represented by Sean Sang-Chul Pak of Quinn Emanuel Urquhart & Sullivan, LLP filed an intellectual property lawsuit against AviaGames Inc. (“AviaGames” or “Defendant”) seeking injunctive relief along with award of damages for allegedly infringing the innovative technology relating to mobile gaming owned by Plaintiff. This case was filed in the U.S. District Court for the Northern District of California with Judge Kandis A. Westmore presiding.

 

In its complaint, Plaintiff alleged that “Skillz is a pioneer in competitive mobile gaming, founded on the simple belief that people love to compete. In 2012, Skillz developed innovative technologies to invent a new kind of mobile gaming platform (the “Skillz Platform”). The Skillz Platform facilitates two important things. First, it connects millions of players across the country in meaningful, fun, and—most importantly—fair competition. Second, it enables thousands of independent mobile game developers to transform new and existing games into skill-based competitions that have proven extremely profitable for game developers and players alike.”

 

The Plaintiff further alleged that “AviaGames then created a copycat platform called Pocket7Games and used it to launch knockoff versions of some of the most popular games on the Skillz Platform. That game, which flopped, appears to have been a mere decoy designed to facilitate AviaGames’s access to valuable information about Skillz’s technology and business.”

 

The Plaintiff even further alleged that “Through these standalone games and the Pocket7Games platform, AviaGames now competes directly with Skillz, as well as the independent developers whose games AviaGames has slavishly copied. It may turn out that AviaGames’s infringement was less deliberate than it appears—that AviaGames simply absorbed the keys to Skillz’s success and then used those keys to its advantage without even knowing it.”

 

The Plaintiff also alleged that “AviaGames’s internal documents and the depositions of its key personnel will tell whether its infringement was innocent or not. AviaGames may have intended to deceive Skillz from the moment the parties first met in 2016. Under the patent laws of the United States, however, it makes no difference. What matters is that AviaGames is profiting from Skillz’s patented technology. And that it must stop.”



Plaintiff further alleged that “On information and belief, the accused Pocket7Games application and standalone game applications, including applications titled “Bingo Clash”, “Solitaire Clash”, “21 Gold”, “Explodocube”, and “Tile Blitz”, are the primary or only products and services offered by AviaGames in the United States. AviaGames has also designed, developed, tested, and used the infringing applications and services in and within the United States. Skillz has been damaged by AviaGames’s infringement of the ’602 Patent and will continue to be damaged unless AviaGames is enjoined by this Court. Skillz has suffered and continues to suffer irreparable injury for which there is no adequate remedy at law.”

 

There are two claims for relief laid down by the Plaintiff. The first claim is for alleged infringement of U.S. Patent No. 9,479,602 and the second claim is for alleged infringement of U.S. Patent No. 9,649,564.

 

In its prayer for relief, the Plaintiff has requested the court to adjudicate that Defendant has infringed the patents owned by Plaintiff, grant injunction and grant damages along with prejudgment and post-judgment interest to Plaintiff and costs of litigation. 

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.




Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-02436

  • Filing Date:

    04/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Referral Judge

Susan van Keulen

Presiding Judges

Kandis A. Westmore

Beth Labson Freeman

 

Party Details

Plaintiff

Skillz Platform Inc.

Defendant

AviaGames Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Sean Sang-Chul Pak

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

50 California, Floor 22

San Francisco, CA 94111

Robert Michael Schwartz

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

865 S. Figueroa St., 10Th Floor

Los Angeles, CA 90017

Ron Hagiz

Attorney at Quinn Emanuel Urquhart and Sullivan

51 Madison Ave, 22Nd Floor

New York, NY 10016

Lance L Yang

865 S. Figueroa St

Los Angeles, CA 90017

Defendant Attorneys

Michael John Sacksteder

Attorney at Fenwick & West LLP

555 California Street, 12Th Floor

San Francisco, CA 94104

Bryan A. Kohm

Attorney at Fenwick & West LLP

555 California Street, 12Th Floor

San Francisco, CA 94104

Jessica Lee Benzler

Attorney at Fenwick and West LLP

801 California St.

Mountain View, CA 94041

Lithaw Lim

Attorney at Fenwick & West LLP

1191 Second Avenue, 10Th Floor

Seattle, WA 98101

 

Court Documents

#26

25 #9

Proposed Order

25 #8

Exhibit G

25 #7

Exhibit F

25 #6

Exhibit E

25 #5

Exhibit D

25 #4

Exhibit C

25 #3

Exhibit B

25 #2

Exhibit A

25 #1

Declaration of Michael J. Sacksteder

#25

#24

#23

#22

#21

#20

#19

#17

32 More Documents Available
View All Documents

 

Docket Entries

  • 05/28/2021
  • View Court Documents
  • Docket(#26) Certificate of Interested Entities by AviaGames Inc. and Corporate Disclosure Statement (Sacksteder, Michael) (Filed on 5/28/2021) (Entered: 05/28/2021)

    Read MoreRead Less
  • 05/28/2021
  • View Court Documents
  • Docket(#25) MOTION to Dismiss Notice of Motion and Motion to Dismiss Complaint for Patent Infringement Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by AviaGames Inc.. Motion Hearing set for 12/16/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/11/2021. Replies due by 6/18/2021. (Attachments: #1 Declaration of Michael J. Sacksteder, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order)(Sacksteder, Michael) (Filed on 5/28/2021) (Entered: 05/28/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#24) ORDER GRANTING #23 JOINT STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Signed by Judge Beth Labson Freeman on 4/23/2021. (blflc4S, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#23) STIPULATION for Extension of Time to Respond to Complaint filed by AviaGames Inc.. (Sacksteder, Michael) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#22) NOTICE of Appearance by Jessica Lee Benzler on Behalf of Defendant AviaGames Inc. (Benzler, Jessica) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#21) NOTICE of Appearance by Lithaw Lim on Behalf of Defendant AviaGames Inc. (Lim, Lithaw) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#20) NOTICE of Appearance by Bryan A. Kohm on Behalf of Defendant AviaGames Inc. (Kohm, Bryan) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
  • View Court Documents
  • Docket(#19) NOTICE of Appearance by Michael John Sacksteder on Behalf of Defendant AviaGames Inc. (Sacksteder, Michael) (Filed on 4/23/2021) (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/12/2021
  • Docket(#18) CLERK'S NOTICE RESETTING CASE MANAGMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 7/22/2021. Initial Case Management Conference set for 7/29/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)

    Read MoreRead Less
  • 04/09/2021
  • View Court Documents
  • Docket(#17) SUMMONS Returned Executed by Skillz Platform Inc.. AviaGames Inc. served on 4/7/2021, answer due 4/28/2021. (Yang, Lance) (Filed on 4/9/2021) (Entered: 04/09/2021)

    Read MoreRead Less
7 More Docket Entries
  • 04/08/2021
  • View Court Documents
  • Docket(#10) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15811485.) filed by Skillz Platform Inc.. (Attachments: #1 Certificate of Good Standing)(Hagiz, Ron) (Filed on 4/8/2021) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/07/2021
  • Docket(#9) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 4/7/2021) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/07/2021
  • View Court Documents
  • Docket(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Skillz Platform Inc... (Yang, Lance) (Filed on 4/7/2021) (Entered: 04/07/2021)

    Read MoreRead Less
  • 04/06/2021
  • View Court Documents
  • Docket(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/29/2021. Initial Case Management Conference set for 7/6/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)

    Read MoreRead Less
  • 04/06/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to AviaGames Inc. (anjS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)

    Read MoreRead Less
  • 04/05/2021
  • Docket(#5) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/19/2021. (mbcS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#4) REPORT on the filing or determination of an action regarding (cc: form mailed to register). (Pak, Sean) (Filed on 4/5/2021) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#3) Certificate of Interested Entities by Skillz Platform Inc. identifying Corporate Parent Skillz Inc. for Skillz Platform Inc. re #1 Complaint, (Pak, Sean) (Filed on 4/5/2021) Modified on 4/6/2021 (anjS, COURT STAFF). (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#2) Proposed Summons. (Pak, Sean) (Filed on 4/5/2021) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with Jury Demand against AviaGames Inc. ( Filing fee $ 402, receipt number 0971-15795647). Filed by Skillz Platform Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Civil Cover Sheet Civil Cover Sheet)(Pak, Sean) (Filed on 4/5/2021) Modified on 4/6/2021 (anjS, COURT STAFF). (Entered: 04/05/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer Lithaw Howard Lim

Latest cases represented by Lawyer Michael J Sacksteder

Latest cases represented by Lawyer Bryan Alexander Kohm