UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS


Aplix IP Holdings Corporation,

Plaintiff,

v.

Sony Computer Entertainment, Inc. and
Sony Computer Entertainment America,
LLC,

Defendants.


Civil Action No. 1:14-cv-12745



COMPLAINT




JURY TRIAL DEMANDED


Plaintiff Aplix IP Holdings Corporation (Aplix), for its complaint against
defendants Sony Computer Entertainment, Inc. (SCE) and Sony Computer
Entertainment America, LLC (SCEA), collectively Defendants, states and alleges as
follows:

INTRODUCTION
1. This case concerns patented technology covering game devices such as the
hand-held Sony PlayStation Vita gaming console and Sony PlayStation 4 game
controller. In 2003, inventors Beth Marcus and David Lee, both Massachusetts residents,
developed interactive-design technology for improving data entry, control, and game-
play on hand-held devices. Marcus and Lee deployed configurable input systems and
elements on multiple surfaces of a hand-held device, taking advantage of the
biomechanics of the human hand and leveraging the benefits associated with thumb-


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finger opposition. Marcus and Lee applied for patents on their inventions, and, after a
thorough review, the United States Patent & Trademark Office awarded them several
patents. These patents were assigned to Marcus Boston-area start-up company,
Zeemote, Inc., which sought to commercialize the technology. Aplix acquired Zeemotes
assets, including the patents, and now asks this Court to find that the Defendants are
infringing the patents with the PlayStation Vita hand-held console and PlayStation 4
game controller.

PARTIES, JURISDICTION, AND VENUE
2. Aplix is a Japanese corporation with its principal place of business in
Tokyo, Japan.
3. SCE is a Japanese corporation with its principal place of business in Tokyo,
Japan.
4. SCEA is a Delaware limited liability company with its principal place of
business in San Mateo, California.
5. This action arises under the patent laws of the United States, Title 35 of the
United States Code. Accordingly, this Court has subject-matter jurisdiction pursuant to
28 U.S.C. 1331 and 1338(a).
6. This Court has personal jurisdiction over Defendants pursuant to
Massachusettss long-arm statute, Mass. Gen. Laws ch. 223A, 3. On information and
belief, Defendants have, directly and/or indirectly through their agents and
intermediaries, advertised (including through web sites), offered to sell, sold, and/or


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distributed in Massachusetts products that infringe Aplixs patents. Given Defendants
substantial and sustained contacts with the state, and their purposeful availment of the
states benefits and protections, the Courts exercise of personal jurisdiction over
Defendants in this lawsuit satisfies due-process requirements.
7. Venue is proper in this district under 28 U.S.C. 1391(b) and (c) and 28
USC 1400(b) because Defendants have committed, and continue to commit, acts of
infringement in the district.

FACTUAL BACKGROUND
8. In the Spring of 2003, Massachusetts residents Beth Marcus and David Lee
developed ideas for improving how people interact with hand-held devices. Marcus and
Lee, both graduates of the Massachusetts Institute of Technology, applied for a patent in
October of that same year.
9. In the spring of 2005, Marcus, with three others residing in the Boston area,
founded Zietoo, Inc., and later changed the company name to Zeetoo, Inc. and then to
Zeemote, Inc. (Zeemote), to continue research and development of products based on
Marcus and Lees inventions. Zeemote developed and sold a hand-held electronic game
controller that communicated with a users mobile phone via Bluetooth technology.
10. On May 15, 2007, the United States Patent and Trademark Office
(USPTO) duly and legally issued United States Patent No. 7,218,313 (the 313
patent), titled Human Interface System.


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11. On December 9, 2008, the USPTO duly and legally issued United States
Patent No. 7,463,245 (the 245 patent), also titled Human Interface System.
12. On February 23, 2010, the USPTO duly and legally issued United States
Patent No. 7,667,692 (the 692 patent), also titled Human Interface System.
13. In late 2009, Aplix, a Japanese operating company that sells a variety of
products, purchased Zeemotes assets and patent portfolio, which included the 313, 245,
and 692 patents. Aplix owns all right, title and interest in the 313, 245, and 692
patents.
14. In 2012, Defendants SCE and SCEA released the PlayStation Vita
(PS Vita), a hand-held electronic game console, in the United States.
15. In 2013, Defendants SCE and SCEA released the PlayStation 4 (PS4), a
video game system including a hand-held controller, in the United States.
16. SCE and SCEA are members of the Sony group of companies and work in
concert to promote and sell the PS Vita and PS4 controller in the United States.

COUNT I INFRINGEMENT OF THE 313 PATENT
17. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
fully set forth here.
18. Defendants have had actual knowledge of the 313 patent since at least
August 29, 2013.


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19. Defendants have directly infringed, and continue to directly infringe, one or
more of the 313 patents claims by offering to sell and selling the PS Vita in the United
States, and by importing the PS Vita into the United States.
20. Because of Defendants infringement of the 313 patent, Aplix is entitled to
a reasonable royalty in an amount to be established at trial.
21. At least since August 29, 2013, Defendants infringement of the 313 patent
has been willful.

COUNT II INFRINGEMENT OF THE 245 PATENT
22. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
fully set forth here.
23. Defendants have had actual knowledge of the 245 patent since at least
August 29, 2013.
24. Defendants have directly infringed, and continue to directly infringe, one or
more of the 245 patents claims by offering to sell and selling the PS Vita and PS4
controller in the United States, and by importing the PS Vita and PS4 controller into the
United States.
25. Because of Defendants infringement of the 245 patent, Aplix is entitled to
a reasonable royalty in an amount to be established at trial.
26. At least since August 29, 2013, Defendants infringement of the 245 patent
has been willful.



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COUNT III INFRINGEMENT OF THE 692 PATENT
27. Aplix incorporates and realleges by reference paragraphs 1 through 16 as if
fully set forth here.
28. Defendants have had actual knowledge of the 692 patent since at least
August 29, 2013.
29. Defendants have directly infringed, and continue to directly infringe, one or
more of the 692 patents claims by offering to sell and selling the PS Vita in the United
States, and by importing the PS Vita into the United States.
30. Because of Defendants infringement of the 692 patent, Aplix is entitled to
a reasonable royalty in an amount to be established at trial.
31. At least since August 29, 2013, Defendants infringement of the 692 patent
has been willful.
WHEREFORE, Aplix prays for the following judgment and relief:
a. A judgment for Aplix and against Defendants;
b. A judgment that Defendants have infringed the 313, 245, and 692
patents;
c. An order that Defendants account for and pay to Aplix all damages that are
available under 35 U.S.C. 284, including treble damages for willful
infringement;
d. An order compelling Defendants to make an accounting of their sales,
profits, royalties, and damages owed to Aplix, including a post-judgment


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equitable accounting of damages for the period of infringement of the 313,
245, and 692 patents following the period of damages established by
Aplix at trial;
e. An order compelling Defendants to pay to Aplix pre-judgment and post-
judgment interest;
f. An award to Aplix of its costs, fees, and expenses in this action;
g. A permanent injunction prohibiting Defendants from continuing to infringe
the 313, 245, and 692 patents; and
h. Any other relief that the Court deems just and equitable.

DEMAND FOR JURY TRIAL
Aplix demands a jury trial on all issues so triable.


04088/05001 2128151.1


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Dated: June 27, 2014 Respectfully submitted,
APLIX IP HOLDINGS CORPORATION

By its attorneys,


/s/ Brandon T. Scruggs
Lisa M. Tittemore (BBO # 567941)
Brandon Scruggs (BBO # 672541)
SUNSTEIN KANN MURPHY & TIMBERS LLP
125 Summer Street
Boston, MA 02110-1618
Telephone: (617) 443-9292
Facsimile: (617) 443-0004
E-mail: ltittemore@sunsteinlaw.com
bscruggs@sunsteinlaw.com


OF COUNSEL:

Robert J. Gilbertson
Sybil L. Dunlop
X. Kevin Zhao
GREENE ESPEL PLLP
222 South Ninth Street, Suite 2200
Minneapolis, MN 55402
Telephone: (612) 373-0830
Facsimile: (612) 373-0929
E-mail: BGilbertson@GreeneEspel.com
SDunlop@GreeneEspel.com
KZhao@GreeneEspel.com

Sherman W. Kahn
MAURIEL KAPOUYTIAN WOODS LLP
27 W. 24th Street, Third Floor
New York, NY 10010
Telephone: (212) 524-9309
Facsimile: (212) 529-5132
E-mail: skahn@mkwllp.com