Bama Gaming Relocates Music-Based Gaming Campaign to Delaware

June 20, 2017

Bama Gaming LLC, a subsidiary that Equitable IP Corporation apparently took the trouble to name so as to suggest a connection to Alabama, has now moved the campaign that it began in the Southern District of that state to Delaware in the wake of the US Supreme Court’s TC Heartland decision. The NPE voluntarily dismissed its April 2017 cases, paring down the named defendants in their Delaware analogs to Activision Blizzard (Activision Publishing, Infinity Ward) (1:17-cv-00764) and Harmonix-SBE Holdings (Harmonix Music Systems) (1:17-cv-00767). The same five patents (5,728,960; 6,084,168; 7,074,999; 7,098,392; 7,612,278) asserted in each Alabama complaint are again at issue against Activision, while only the ‘999, ‘392, and ‘278 patents are now at issue against Harmonix. The patents generally relate to the visual presentation of musical compositions (e.g. digital music stands). The first complaint targets Guitar Hero; the second, Rock Band. The five patents-in-suit belong to a family of 13, with the two earliest, the ‘960 and ‘168 patents, previously asserted in litigation by their sole named inventor, David H. Sitrick.

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