Complaint

Complaint Analysis

Prosecution History analysis

Examiner Search analysis

Invalidity Framework analysis

## I. Executive Summary and Procedural Information

*   **Parties & Counsel:**
    *   **Plaintiff:** [Gametronics LLC](https://ai-lab.exparte.com/party/gametronics-llc) (Delaware)
    *   **Defendant:** Acco Brands Corporation (Delaware)
    *   **Plaintiff’s Counsel:** [Garibian Law Offices, P.C.](https://ai-lab.exparte.com/law-firm/48364); [Rabicoff Law LLC](https://ai-lab.exparte.com/law-firm/19289)
*   **Case Identification:** [1:25-cv-00902](https://ai-lab.exparte.com/case/dct/ded/1:25-cv-00902), D. Del., 07/18/2025
*   **Venue Allegations:** Venue is alleged based on Defendant maintaining an established place of business in the District of Delaware and having committed acts of infringement there.
*   **Core Dispute:** Plaintiff alleges that Defendant’s undisclosed products infringe three patents related to ergonomic data input devices, such as keyboard alternatives and handheld controllers.
*   **Technical Context:** The technology relates to ergonomic human-computer interface devices designed to reduce physical strain associated with conventional keyboards by enabling data input through hand and arm movements rather than individual finger motions.

#### Case Timeline

| **Date** | **Event** |
|:---|:---|
| 2000-11-14 | Earliest Priority Date ('[762](https://ai-lab.exparte.com/patent/7262762), '[872](https://ai-lab.exparte.com/patent/8487872), '[667](https://ai-lab.exparte.com/patent/8614667) Patents) |
| 2005-11-18 | Application Date ('872 Patent) |
| 2006-06-27 | Application Date ('667 Patent) |
| 2007-08-28 | Issue Date (U.S. Patent No. 7,262,762) |
| 2013-07-16 | Issue Date (U.S. Patent No. 8,487,872) |
| 2013-12-24 | Issue Date (U.S. Patent No. 8,614,667) |
| 2025-07-18 | Complaint Filing Date |

## II. Technology and Patent(s)-in-Suit Analysis

### U.S. Patent No. 7,262,762, *“APPARATUS AND METHOD FOR GENERATING DATA SIGNALS,”* Issued Aug. 28, 2007

#### The Invention Explained
*   **Problem Addressed:** The patent background describes physical problems, such as carpal tunnel syndrome, associated with conventional keyboards, which arise from "repetitive and fatiguing hand, wrist, and finger motions" (’762 Patent, col. 1:40-43). Prior art ergonomic solutions are described as insufficient because they still require significant finger or hand travel (’762 Patent, col. 2:25-67).
*   **The Patented Solution:** The invention is an ergonomic input device featuring one or two domes shaped to fit a user's hand in a relaxed state (’762 Patent, Abstract). Instead of finger-based typing, data signals are generated by slight movements of the user's arm or hand, which tilt the dome(s) in different directions from a central "home" position (’762 Patent, col. 3:52-56). In a two-dome embodiment, the combined movements of both domes can be translated into a unique "keystroke" signal, a method referred to as "chording" (’762 Patent, col. 4:19-26).
*   **Technical Importance:** The claimed solution seeks to eliminate the need for finger movement entirely, focusing instead on the larger muscle groups of the arm and hand to reduce the specific type of repetitive stress injuries linked to traditional typing (’762 Patent, col. 4:45-56).

#### Key Claims at a Glance
*   The complaint does not identify specific asserted claims but alleges infringement of one or more claims (Compl. ¶13). Independent claim 1 is representative of the invention's scope.
*   Essential elements of independent claim 1 include:
    *   A main body
    *   A pair of thumb controllers integral with the main body and positioned for engagement by a user's thumbs
    *   A pair of sensing means connected to the thumb controllers that generate electrical signals indicating the direction of applied force
    *   A processing module programmed to resolve the signals from the sensing means to determine an alphanumeric character
    *   Means for generating data signals indicative of that character
    *   Means for transmitting the data signals to a receiving device for display
*   The complaint does not explicitly reserve the right to assert dependent claims.

### U.S. Patent No. 8,487,872, *“APPARATUS AND METHOD FOR GENERATING DATA SIGNALS,”* Issued Jul. 16, 2013

#### The Invention Explained
*   **Problem Addressed:** As a continuation-in-part of the application leading to the ’762 Patent, this patent addresses the same technical problem: the physical strain and injury associated with conventional data input devices and the limitations of prior ergonomic solutions (’872 Patent, col. 1:13-2:67).
*   **The Patented Solution:** The invention is a handheld device that combines multi-directional thumb controllers with at least one separate button (’872 Patent, Abstract). The processing module is programmed to interpret signals from both the thumb controllers (for generating alphanumeric characters) and from the combination of the controllers and the button, with the latter combination specifically intended to determine a "state change to be generated in a video game" (’872 Patent, col. 37:19-24). This orients the invention toward the gaming controller market.
*   **Technical Importance:** The patented solution provides a dual-purpose input device, capable of both general character input and specialized commands for interactive software like video games, within a single ergonomic handheld form factor (’872 Patent, col. 37:5-29).

#### Key Claims at a Glance
*   The complaint does not identify specific asserted claims but alleges infringement of one or more claims (Compl. ¶22). Independent claim 1 is representative of the invention's scope.
*   Essential elements of independent claim 1 include:
    *   A main body
    *   At least one button integral with the main body for generating electrical signals
    *   A pair of thumb controllers and associated position sensing means
    *   A processing module programmed to resolve signals from the controllers to determine an alphanumeric character
    *   The processing module is also programmed to resolve signals from both the controllers and the button to determine a "state change to be generated in a video game"
    *   Means for generating and transmitting an electrical signal indicative of the video game state change
*   The complaint does not explicitly reserve the right to assert dependent claims.

### U.S. Patent No. 8,614,667, *“APPARATUS AND METHOD FOR GENERATING DATA SIGNALS,”* Issued Dec. 24, 2013

*   **Technology Synopsis:** This patent, from the same family as the ’762 and ’872 Patents, discloses an ergonomic data input apparatus. The invention aims to mitigate injuries from conventional keyboards by using one or two domes that conform to a user's relaxed hand shape, allowing data entry through slight arm and hand movements rather than individual finger motions (’667 Patent, Abstract; col. 1:13-2:67).
*   **Asserted Claims:** The complaint alleges infringement of one or more claims without specifying which ones (Compl. ¶28). The patent contains independent claims 1, 5, and 10.
*   **Accused Features:** The complaint alleges infringement by "Exemplary Defendant Products" but does not identify the products or the specific features accused of infringing this patent, instead incorporating by reference an unprovided claim chart exhibit (Compl. ¶28, ¶33).

## III. The Accused Instrumentality

### Product Identification
The complaint does not identify any accused products by name. It refers generally to "Exemplary Defendant Products" that are identified in claim chart exhibits (Compl. ¶13, ¶22, ¶28).

### Functionality and Market Context
The complaint does not provide sufficient detail for analysis of the accused products' functionality or market context, as this information is contained within external exhibits that were not provided with the complaint (Compl. ¶18, ¶24, ¶33).

No probative visual evidence provided in complaint.

## IV. Analysis of Infringement Allegations

The complaint alleges that Defendant’s products infringe the patents-in-suit but provides no narrative infringement theory in the body of the complaint itself. Instead, it makes conclusory statements that the accused products "practice the technology claimed" and incorporates by reference external claim chart exhibits (Exhibits 4, 5, and 6) for each of the patents-in-suit (Compl. ¶18, ¶24, ¶33). As these exhibits were not provided, a detailed analysis of the infringement allegations is not possible.

### Identified Points of Contention
Based on the patent claims, any infringement analysis would likely focus on several key technical and legal questions.
*   **Scope Questions:** A central issue for the ’872 Patent will be whether the accused products, if not strictly gaming devices, perform functions that fall within the scope of a "state change to be generated in a video game" as required by claim 1.
*   **Technical Questions:** A key evidentiary question for all asserted patents will be whether the accused products’ internal hardware and software function in a way that meets the "resolving" and "generating" limitations of the claims. The analysis will depend on evidence of how the accused products translate physical user inputs into data signals for characters or commands.

## V. Key Claim Terms for Construction

### ’762 Patent: "thumb controller"
*   **Context and Importance:** This term defines the primary physical interface for the user. Its construction is critical because it will determine what types of physical input mechanisms are covered by the claim, directly impacting the scope of infringement.
*   **Intrinsic Evidence for Interpretation:**
    *   **Evidence for a Broader Interpretation:** The specification describes the controllers in functional terms as being for "engagement with a respective thumb of a user" (’762 Patent, col. 35:12-15), which may support a construction not limited to a specific shape or size.
    *   **Evidence for a Narrower Interpretation:** The specification discloses several specific embodiments of thumb controllers, including some with protuberances and recesses for guiding movement (FIGS. 21-22) and others with smooth or concave surfaces (FIGS. 23-24), which could be used to argue that the term is limited to the types of structures disclosed (’762 Patent, col. 25:34-27:4).

### ’872 Patent: "state change to be generated in a video game"
*   **Context and Importance:** This limitation appears to tie the invention directly to the video game industry. Practitioners may focus on this term because its definition will likely determine whether the patent can be asserted against products outside of the dedicated gaming market.
*   **Intrinsic Evidence for Interpretation:**
    *   **Evidence for a Broader Interpretation:** A party might argue that "video game" should be interpreted broadly to include any interactive software on a screen, and a "state change" could be any command that alters the software's operation (e.g., navigating a menu, selecting an option). The patent itself refers more broadly to "controlling the operation of a hand-held computing device such as an electronic game" (’872 Patent, col. 17:23-25).
    *   **Evidence for a Narrower Interpretation:** A party could argue the term should be limited to its plain meaning within the context of traditional video games (e.g., character actions like jumping or firing a weapon). The patent’s abstract and claims repeatedly reference video games, suggesting this specific application was central to the invention (’872 Patent, Abstract; col. 37:22-24).

## VI. Other Allegations

### Indirect Infringement
The complaint alleges induced infringement of the ’762 and ’667 Patents. The basis for inducement is Defendant's alleged distribution of "product literature and website materials" that instruct end users on how to use the accused products in an infringing manner (Compl. ¶16, ¶31). Knowledge and intent are alleged to exist at least since the service of the complaint (Compl. ¶17, ¶32).

### Willful Infringement
While the complaint does not use the word "willful," it alleges that service of the complaint constitutes "actual knowledge" of infringement and that Defendant continued to infringe despite this knowledge (Compl. ¶15-16, ¶30-31). These allegations form a basis for a claim of post-suit willful infringement.

## VII. Analyst’s Conclusion: Key Questions for the Case

1.  A central issue will be one of **evidentiary demonstration:** as the complaint lacks specific factual allegations and relies on unprovided exhibits, the primary question is what evidence Plaintiff will produce to show that the undisclosed accused products perform the specific functions recited in the asserted claims.
2.  A key legal question will be one of **definitional scope:** can the term "state change to be generated in a video game" in the ’872 Patent be construed broadly enough to cover the functionality of non-gaming products, or does this language firmly limit the patent's applicability to the video game industry?
3.  The case may also turn on a question of **technical operation:** does the mechanism by which the accused products translate user input into data signals meet the functional requirements of the claims, particularly the "resolving" of signals from "sensing means" or "position sensing means" as described in the patents?

Gaming controller patents hit office ergonomics giant Acco Brands. Lawsuit targets ergonomic devices over `state change to be generated in a video game` claims.

1:25-cv-00902

Gametronics LLC v. ACCO Brands Corp