This case was last updated from U.S. District Courts on 09/15/2023 at 11:19:08 (UTC).

Utherverse Gaming LLC v. Epic Games Inc

Case Summary

On June 11, 2021, Utherverse Gaming LLC (“Utherverse Gaming'' or “Plaintiff”), represented by Gary Edward Hood of Polsinelli PC, filed an intellectual property lawsuit against Epic Games, Inc. (“Epic '' or “Defendant”), seeking declaratory and compensatory relief, along with supplemental damages, for the alleged infringement of Asserted Patents, owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Washington. 

The Plaintiff filed the complaint for the Defendant’s alleged infringement of United States Patent Nos. 8,276,071 (the “’071 Patent”) entitled “Multi-Instance, Multi-User Animation Platforms”, 8,812,954 (the “’954 Patent”) and 9,123,157 (the “’157 Patent”) each entitled “Multi-Instance, Multi-User Virtual Reality Spaces”, and 9,724,605 (the “’605 Patent”) entitled “Method, System and Apparatus of Recording and Playing Back an Experience in a Virtual Worlds System”, (collectively, the “Asserted Patents”).

In its complaint, the Plaintiff alleged that “Epic infringes claims of the Asserted Patents by making, using, offering for sale, selling and/or importing software in the United States that utilize the claimed multi-instance, multiuser animation and/or experience playback solutions of the Asserted Patents.”

The Plaintiff further alleged that “Epic has directly infringed the Asserted Patents by making, using, selling, offering to sell and/or importing virtual, interactive platforms and games that utilize the multi-instance, multi-user animation and recording and playing back experience solutions, specifically the software that when executed on a server enables many Fortnite participants to experience the same virtual worlds for virtual social events and concerts such as those described above (the “Accused Products”), so as to obtain significant benefits of the Asserted Patents’ innovations. Utherverse Gaming is entitled to recover from Epic the damages adequate to compensate for such infringement, which have yet to be determined.”

The Plaintiff lists out six claims for relief. The first claim is for the alleged infringement of ‘071 Patent. The second claim is for the alleged infringement of ‘954 Patent. The third claim is for the alleged infringement of ‘157 Patent. The fourth claim is for the alleged infringement of ’605 Patent. The Plaintiff claimed that, in violation of 35 U.S.C. § 271, Epic has directly and/or indirectly infringed at least claim 8 of the ’071 Patent, claim 4 of the ’954 Patent, claim 1 of the ’157 Patent and claim 2 of the ’605 Patent, literally and/or under the doctrine of equivalents, by making, using, selling, offering to sell and/or importing the Accused Products in the United States that use the method recited in claim 8 of the ’071 Patent, claim 4 of the ’954 Patent, claim 1 of the ’157 Patent and claim 2 of the ’605 Patent, and Epic’s actions and infringement of the ’071 Patent are without license or authorization from Utherverse Gaming.

In its prayer for relief, the Plaintiff requested the Court to adjudicate that Epic has infringed each of the Asserted Patents and order Epic to pay Utherverse Gaming its damages, costs, and expenses, to which Utherverse Gaming is entitled due to Epic’s infringement. The Plaintiff further requested the Court to order Epic to provide an accounting and to pay Utherverse Gaming supplemental damages, including without limitation, prejudgment and post-judgment interest along with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00799

  • Filing Date:

    06/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Referral Judge

Theresa L Fricke

Presiding Judge

Ricardo S. Martinez

 

Party Details

Plaintiff and Counter Defendant

Utherverse Gaming LLC

Defendant and Counter Claimant

Epic Games Inc

Respondent

Gary and Brian Shuster

Not Classified By Court

Amazon Web Services Inc

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Jessica M Andrade

Jonathan Spivey

Emily C McNally

Enes Ovcina

Mark T Deming

Melenie Van

Miya Yusa

Colby Brian Springer

Defendant and Counter Claimant Attorneys

Timothy C. Saulsbury

Eugene Novikov

Bethany Bengfort

Daniel Weinger

Eric C Wiener

Mark A Lemley

Matthaeus Martino-Weinhardt

Antoine M McNamara

Christina J McCullough

34 More Attorneys Available

 

Court Documents

#293

(#293) ANSWER to #287 Amended Answer to Complaint, Counterclaim by Utherverse Gaming LLC.(McNally, Emily) (Entered: 08/17/2023)

#292

RESTRICTED

#289

(#289) JOINT STATUS REPORT signed by all parties. Filed by Plaintiff Utherverse Gaming LLC.(McNally, Emily) (Entered: 08/08/2023)

#287

(#287) AMENDED ANSWER to #1 Complaint,,, with JURY DEMAND by Plaintiff Utherverse Gaming LLC., Amended COUNTERCLAIM against plaintiff Utherverse Gaming LLC (Novikov, Eugene) (Entered: 08/03/2023)

#286

(#286) ORDER adopting #277 Report and Recommendation. Plaintiff's motion for leave to file amended infringement contentions (Dkt. #209 ) is GRANTED. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 08/01/2023)

277 #1

Proposed Order

#277

(#286) ORDER adopting #277 Report and Recommendation. Plaintiff's motion for leave to file amended infringement contentions (Dkt. #209 ) is GRANTED. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 08/01/2023)

#209

(#286) ORDER adopting #277 Report and Recommendation. Plaintiff's motion for leave to file amended infringement contentions (Dkt. #209 ) is GRANTED. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 08/01/2023)

#131

(#291) MINUTE ORDER entered at the direction of Magistrate Judge Theresa L Fricke. Pursuant to the parties' oral stipulation presented to the Court during the status conference on August 11, 2023, the Court strikes the previous pretrial schedule (Dkt. #131 ). Each party's opening briefs on summary judgment motions and opening briefs on Daubert motions will be due on September 22, 2023; responses to such will be due on October 20, 2023; and reply briefs will be due on November 10, 2023. The parties are directed to submit to the Court, on or before August 21, 2023, a proposed set of possible dates for in-person oral argument concerning these motions, to be held at the U.S. District Court in Tacoma, Washington, in Courtroom F. (GMR) (Entered: 08/11/2023)

1 #24

Report on Patents and Trademarks (AO Form 120)

1 #21

Exhibit U

1 #20

Exhibit T

1 #18

Exhibit R

1 #16

Exhibit P

1 #15

Exhibit O

1 #13

Exhibit M

1 #7

Exhibit G

1 #6

Exhibit F

480 More Documents Available
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Docket Entries

  • 08/17/2023
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  • Docket(#293) ANSWER to #287 Amended Answer to Complaint, Counterclaim by Utherverse Gaming LLC.(McNally, Emily) (Entered: 08/17/2023)

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  • 08/17/2023
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  • Docket(#292) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 8/11/2023 before Judge Theresa L. Fricke.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Angela Nicolavo, angela_nicolavo@wawd.uscourts.gov, 253-882-3832. Release of Transcript Restriction set for 11/15/2023, (AN) (Entered: 08/17/2023)

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  • 08/11/2023
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  • Docket(#291) MINUTE ORDER entered at the direction of Magistrate Judge Theresa L Fricke. Pursuant to the parties' oral stipulation presented to the Court during the status conference on August 11, 2023, the Court strikes the previous pretrial schedule (Dkt. #131 ). Each party's opening briefs on summary judgment motions and opening briefs on Daubert motions will be due on September 22, 2023; responses to such will be due on October 20, 2023; and reply briefs will be due on November 10, 2023. The parties are directed to submit to the Court, on or before August 21, 2023, a proposed set of possible dates for in-person oral argument concerning these motions, to be held at the U.S. District Court in Tacoma, Washington, in Courtroom F. (GMR) (Entered: 08/11/2023)

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  • 08/11/2023

  • Docket(#290) MINUTE ENTRY for proceedings held before Judge Theresa L Fricke- Dep Clerk: Gayle Riekena; Pla Counsel: Jonathan Spivey, Mark Deming, Melenie Van, Miya Yusa and Emily McNally; Def Counsel: Antoine McNamara, Eugene Novikov, Antoine McNamara; Def Rep. Mark Berghausen, May Eaton; CR: Angela Nicolavo; Time of Hearing: 2:10pm; ZOOM STATUS CONFERENCE held on 8/11/2023. Court hears from parties re status of discovery and proposed deadlines for dispositive and Daubert motions. Parties self-directed re ADR. Dispositive and Daubert motion briefing schedule: Opening briefs/Motions- 9/22/2023; Opposition/Responses- 10/20/2023; and Replies/Noting Date- 11/10/2023. Parties to submit proposed dates for oral argument. Parties inquired about potential trial date. (GMR) (Entered: 08/11/2023)

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  • 08/08/2023
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  • Docket(#289) JOINT STATUS REPORT signed by all parties. Filed by Plaintiff Utherverse Gaming LLC.(McNally, Emily) (Entered: 08/08/2023)

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  • 08/04/2023

  • Docket(#288) NOTICE of Hearing: Status Conference set for 8/11/2023 at 2:00 PM via Zoom before Judge Theresa L Fricke. (GMR) (Entered: 08/04/2023)

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  • 08/03/2023
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  • Docket(#287) AMENDED ANSWER to #1 Complaint,,, with JURY DEMAND by Plaintiff Utherverse Gaming LLC., Amended COUNTERCLAIM against plaintiff Utherverse Gaming LLC (Novikov, Eugene) (Entered: 08/03/2023)

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  • 08/01/2023
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  • Docket(#286) ORDER adopting #277 Report and Recommendation. Plaintiff's motion for leave to file amended infringement contentions (Dkt. #209 ) is GRANTED. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 08/01/2023)

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  • 08/01/2023
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  • Docket(#285) ORDER adopting #280 Report and Recommendation. Defendant's motion for leave to amend (Dkt. #236 , #240 ) is GRANTED. Signed by Judge Ricardo S. Martinez. (SB) (Entered: 08/01/2023)

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  • 07/11/2023
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  • Docket(#284) NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing via Zoom (Portion Sealed/Redacted) held on 6/16/2023 before Judge Theresa L. Fricke. Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Sheri Schelbert, sheri_schelbert@wawd.uscourts.gov, 206-370-8507. Release of Transcript Restriction set for 10/10/2023. (RE) (Entered: 07/19/2023)

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286 More Docket Entries
  • 06/14/2021

  • DocketJudge Theresa L Fricke added. (RE) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#9) ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mark T. Deming for Plaintiff Utherverse Gaming LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 06/14/2021)

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  • 06/14/2021
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  • Docket(#8) ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Melenie Van for Plaintiff Utherverse Gaming LLC, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 06/14/2021)

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  • 06/11/2021
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  • Docket(#7) APPLICATION OF ATTORNEY Melenie Van FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Utherverse Gaming LLC (Fee Paid) Receipt No. AWAWDC-7123641 (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#6) APPLICATION OF ATTORNEY Enes Ovcina FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Utherverse Gaming LLC (Fee Paid) Receipt No. AWAWDC-7123640 (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#5) APPLICATION OF ATTORNEY Barrington Dyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Utherverse Gaming LLC (Fee Paid) Receipt No. AWAWDC-7123639 (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#4) APPLICATION OF ATTORNEY Mark T. Deming FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Utherverse Gaming LLC (Fee Paid) Receipt No. AWAWDC-7123637 (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#3) APPLICATION OF ATTORNEY Colby B. Springer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Utherverse Gaming LLC (Fee Paid) Receipt No. AWAWDC-7123631 (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#2) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent CFIP Utherverse Holdings LLC for Utherverse Gaming LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Utherverse Gaming LLC (Hood, Gary) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#1) COMPLAINT against defendant(s) Epic Games, Inc. with JURY DEMAND (Receipt # AWAWDC-7123575) Attorney Gary Edward Hood added to party Utherverse Gaming LLC(pty:pla), filed by Utherverse Gaming LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Civil Cover Sheet, #23 Summons, #24 Report on Patents and Trademarks (AO Form 120))(Hood, Gary) (Attachment 22 replaced on 6/14/2021 to flatten malformed PDF) (KB). Modified on 6/14/2021 to edit Jury info. (RE) (Entered: 06/11/2021)

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