DCT

2:19-cv-00200

GREE Inc v. Supercell Oy

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:19-cv-00200, E.D. Tex., 01/21/2020
  • Venue Allegations: Venue is alleged to be proper in the district on the basis that Defendant Supercell is not a resident of the United States.
  • Core Dispute: Plaintiff alleges that Defendant’s “Clash of Clans” mobile game infringes nine U.S. patents related to computer-implemented methods for creating, storing, sharing, and applying layout templates for in-game items.
  • Technical Context: The technology concerns user interface and data management functionalities within "city-building" mobile games, which represent a significant and highly competitive sector of the digital entertainment market.
  • Key Procedural History: The complaint alleges that on September 12, 2016, Plaintiff sent Defendant a letter regarding a parent application to the patents-in-suit, placing Defendant on pre-suit notice. The complaint also notes that during prosecution of several related patents, the USPTO examiner found the claimed inventions to be patent-eligible under 35 U.S.C. § 101, a point Plaintiff may raise to counter potential patent eligibility challenges.

Case Timeline

Date Event
2013-09-27 Earliest Priority Date for all Patents-in-Suit
2016-09-12 GREE Inc sends letter to Supercell regarding parent application
2019-05-28 U.S. Patent No. 10,300,385 Issues
2019-06-04 U.S. Patent Nos. 10,307,675, 10,307,676, 10,307,677, 10,307,678 Issue
2019-06-25 U.S. Patent No. 10,328,347 Issues
2019-07-02 U.S. Patent Nos. 10,335,683 and 10,335,682 Issue
2019-09-03 U.S. Patent No. 10,398,978 Issues
2020-01-21 Fifth Amended Complaint Filed

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

U.S. Patent No. 10,300,385 - “Computer control method, control program and computer”

  • Patent Identification: U.S. Patent No. 10,300,385, “Computer control method, control program and computer,” issued May 28, 2019 (Compl. ¶10).

The Invention Explained

  • Problem Addressed: The patent’s background section describes that in conventional “city building games,” as a player's city develops and the number of in-game items increases, it becomes “very complicated for a player to change positions, types, levels, etc., of individual items,” which can make the game monotonous (Compl. ¶20; ’385 Patent, col. 1:54-65).
  • The Patented Solution: The invention is a method for controlling a computer to improve the usability of such games by using templates. A player can create a template defining the positions of game contents, and when the template is applied, the computer automatically moves the game items to the defined positions (’385 Patent, Abstract). The specification further describes a system where a player can apply a template related to a different player, which involves the player’s terminal receiving the template information from a server (’385 Patent, col. 2:20-34).
  • Technical Importance: This approach is presented as a solution that "improve[s] the usability of city building games and continuously attract[s] players to the game" by simplifying the management of complex in-game layouts (Compl. ¶24; ’385 Patent, col. 2:1-2).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶37).
  • Claim 1 requires a user terminal comprising circuitry configured to:
    • Transmit first information to a server identifying a second player designated by the first player.
    • Have the server receive second information from the second player's terminal, where this information indicates the types and positions of the second player's game contents.
    • Receive third information from the server, which is based on the second information and is used to reproduce the types and positions of the second player's game contents on the first player's terminal.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,307,675 - “Computer control method, control program and computer”

  • Patent Identification: U.S. Patent No. 10,307,675, “Computer control method, control program and computer,” issued June 4, 2019 (Compl. ¶11).

The Invention Explained

  • Problem Addressed: As described in the common specification shared with the '385 Patent, the invention addresses the complexity and monotony of rearranging numerous items in developed city-building games (’675 Patent, col. 1:54-65).
  • The Patented Solution: This patent claims a method performed by a single electronic device. The method involves arranging game contents, storing their positions, creating a defensive template based on that arrangement in response to a command, storing the template, and then applying the template to rearrange game items based on a subsequent command (’675 Patent, col. 2:4-15). This differs from the '385 Patent's focus on multi-player template sharing via a server.
  • Technical Importance: The invention provides a specific, user-command-driven workflow for creating and deploying defensive layouts on a player's own device, intended to streamline strategic adjustments in the game (Compl. ¶24; ’675 Patent, col. 2:1-2).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶51).
  • Claim 1 requires a method performed by an electronic device comprising the steps of:
    • Executing a game by arranging a plurality of game contents, including defensive content, in first positions.
    • Storing information identifying the game contents and their positions.
    • Creating, in response to a command, a first template for defense based on the arrangement.
    • Storing the first template.
    • Applying the first template to a game space by allocating game contents to positions defined by the template, based on a third command.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

Multi-Patent Capsule: U.S. Patent No. 10,307,676

  • Patent Identification: U.S. Patent No. 10,307,676, issued June 4, 2019 (Compl. ¶12).
  • Technology Synopsis: This patent claims an electronic device comprising memory and circuitry. The technology focuses on storing a template for defending against an attack and using circuitry to apply that template to arrange game contents in the positions defined by the template (Compl. ¶65).
  • Asserted Claims: At least independent claim 13 (Compl. ¶65).
  • Accused Features: The accused features are the memory and circuitry of users' computers and mobile devices that store and apply defensive layouts using the "layout editor" in Clash of Clans (Compl. ¶¶67-71).

Multi-Patent Capsule: U.S. Patent No. 10,307,677

  • Patent Identification: U.S. Patent No. 10,307,677, issued June 4, 2019 (Compl. ¶13).
  • Technology Synopsis: This patent claims a method performed by an information processing system (e.g., a server). The claimed method involves receiving template information from a first terminal, storing it, and sending it to a second, different terminal for reproduction (Compl. ¶81).
  • Asserted Claims: At least independent claim 1 (Compl. ¶81).
  • Accused Features: The accused feature is the client-server system of Clash of Clans, where a player creates a layout template on a first device, the server receives and stores it, and the server then sends that template to be reproduced when the player logs in on a second device (Compl. ¶¶83-85).

Multi-Patent Capsule: U.S. Patent No. 10,307,678

  • Patent Identification: U.S. Patent No. 10,307,678, issued June 4, 2019 (Compl. ¶14).
  • Technology Synopsis: This patent is directed to non-transitory computer-readable media containing instructions. When executed, the instructions cause a computer to arrange game contents and transmit a parameter to a server for reproducing a template (created on that computer) on a second computer (Compl. ¶95).
  • Asserted Claims: At least independent claim 1 (Compl. ¶95).
  • Accused Features: The accused instrumentality is the Clash of Clans software itself, which contains the instructions that, when executed, perform the claimed functions of arranging game items and transmitting layout parameters to a server for use on another device (Compl. ¶¶97-99).

Multi-Patent Capsule: U.S. Patent No. 10,328,347

  • Patent Identification: U.S. Patent No. 10,328,347, issued June 25, 2019 (Compl. ¶15).
  • Technology Synopsis: This patent claims a method performed by an information processing system, with claim language that mirrors that of the '677 Patent. It covers receiving, storing, and sending template information between different terminals (Compl. ¶109).
  • Asserted Claims: At least independent claim 28 (Compl. ¶109).
  • Accused Features: The accused features are the same as those for the '677 Patent: the Clash of Clans server system that facilitates the transfer of saved layouts between a player's different devices (Compl. ¶¶111-113).

Multi-Patent Capsule: U.S. Patent No. 10,335,683

  • Patent Identification: U.S. Patent No. 10,335,683, issued July 2, 2019 (Compl. ¶16).
  • Technology Synopsis: This patent claims a server connected to first and second terminals. The server's circuitry is configured to receive an identification of a second player from a first terminal, receive layout information from the second player's terminal, and transmit that layout information to the first terminal for reproduction (Compl. ¶121).
  • Asserted Claims: At least independent claim 1 (Compl. ¶121).
  • Accused Features: The accused feature is the Clash of Clans server, which allegedly performs the claimed steps when a first player chooses to visit or copy the layout of a second player (Compl. ¶¶124-126).

Multi-Patent Capsule: U.S. Patent No. 10,335,682

  • Patent Identification: U.S. Patent No. 10,335,682, issued July 2, 2019 (Compl. ¶17).
  • Technology Synopsis: This patent claims a method performed by a user terminal, with claim language that mirrors that of the '385 Patent. The method involves transmitting a request identifying a second player to a server and receiving back the second player's layout information for reproduction (Compl. ¶134).
  • Asserted Claims: At least independent claim 1 (Compl. ¶134).
  • Accused Features: The accused features are the same as those for the '385 Patent: the functionality within the Clash of Clans application that allows a user to select, view, and copy another player's village layout (Compl. ¶¶136-138).

Multi-Patent Capsule: U.S. Patent No. 10,398,978

  • Patent Identification: U.S. Patent No. 10,398,978, issued September 3, 2019 (Compl. ¶18).
  • Technology Synopsis: This patent claims a method performed by a portable electronic device. The method includes creating templates, creating images (thumbnails) corresponding to those templates, displaying a screen with the images, receiving a selection of an image, and applying the corresponding template (Compl. ¶146).
  • Asserted Claims: At least independent claim 1 (Compl. ¶146).
  • Accused Features: The accused feature is the "Layout Editor" in Clash of Clans, which displays thumbnail images for up to three saved layouts, allows a player to select one, and provides an option to make the selected layout active (Compl. ¶¶149-154).

III. The Accused Instrumentality

  • Product Identification: The accused instrumentality is Defendant Supercell's mobile game "Clash of Clans" (Compl. p. 1).
  • Functionality and Market Context: Clash of Clans is described as a "city-building game" where players build and arrange a virtual village on mobile devices running iOS and Android operating systems (Compl. ¶¶20, 27). The complaint focuses on the game's "layout editor," which allows players to create, save, and apply different configurations of their village items for purposes such as defending their "Home Village" or "War Base" from attacks by other players (Compl. ¶¶55, 57). The game also allegedly allows a player to view and copy the village layout of another player (Compl. ¶41). The complaint alleges the game has "millions of registered users worldwide" and operates through a client-server architecture, with the game application on user devices communicating with servers controlled by Supercell (Compl. ¶¶28-29).

IV. Analysis of Infringement Allegations

10,300,385 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A user terminal used by a first player, the user terminal comprising: circuitry configured to: Clash of Clans is used on computers and mobile devices that constitute user terminals equipped with circuitry. ¶38-39 col. 4:3-8
transmit first information to a server from the user terminal, the first information identifying a second player which is different from the first player and being designated by the first player, The first player chooses to "visit" or "copy a layout" of a different player, which transmits the identity of the second player to the Clash of Clans server. Figure I.2 shows a screenshot of a second player’s village with callouts indicating the ability to copy a layout related to that player (Compl. p. 11). ¶40-41 col. 2:20-26
the server receiving second information from another user terminal executing a game, the second information being associated with the second player and the second information indicating types and positions of at least one of a set of game contents arranged within at least a part of a game space: and, To display the second player's layout, the server necessarily receives that layout information (types and positions of game contents) from the second player's terminal. ¶42 col. 5:54-61
receive, at the user terminal, third information from the server based on the first information, the third information being associated with the second player, the third information being related to the second information, and the third information being used for reproducing the types and the positions of the at least one of the set of game contents arranged within the at least a part of the game space in the user terminal. The first player's terminal receives the second player's layout data from the server and uses it to reproduce that layout, which can then be saved to one of the first player's own layout slots. ¶43 col. 2:27-34

10,307,675 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A method performed by an electronic device, the method comprising: executing a game by arranging... a plurality of game contents in first respective positions within a game space, the game contents including at least a game content for defending from an attack initiated by another player; A player playing Clash of Clans arranges defensive game contents such as walls and cannons. Figure II.1 depicts the in-game 'Game Space' with a callout identifying a 'Cannon' as a game content for defending from an attack (Compl. p. 18). ¶53 col. 1:49-52
storing information identifying the plurality of game contents and the first respective positions within the game space; The game stores the positions of the player's game contents, such that when a player leaves and returns to the game, the contents are in the same place. ¶54 col. 2:4-6
creating, in response to a second command received at the interface of the electronic device from the first player, a first template based on the arrangement... the first template being for defending an attack initiated by another player; A player issues a command to use the "layout editor" to create a defensive template for their "Home Village" or "War Base." ¶55 col. 2:8-12
storing tile first template; and The template created by the player is saved to the memory of the electronic device. ¶56 col. 4:38-41
applying the first template to a game space by allocating one or more of the plurality of game contents to positions defined by the template based on a third command received at the interface of the electronic device from the first player. The player executes a "set as active" command to apply the saved layout, which arranges the game contents according to the positions defined in the template. ¶57 col. 4:38-41
  • Identified Points of Contention:
    • Scope Questions: A central question may be whether the term "template," as used in the patents, can be construed to cover any saved arrangement of game items, as the complaint suggests, or if it requires a more specific data structure or user-interface flow distinct from general game-state saving. The allegation that merely saving the game state meets the "storing information" limitation (Compl. ¶54) raises the question of whether routine game functions fall within the claimed invention's scope.
    • Technical Questions: For claims requiring multi-party data exchange (e.g., in the ’385 Patent), the complaint asserts that the server "necessarily receives" layout information from a second player's terminal to display it to a first player (Compl. ¶42). This presents an evidentiary question: what technical evidence demonstrates that the accused system performs this specific sequence of transmission and receipt between two distinct user terminals and a server, as opposed to the server simply serving a stored copy of the second player's data to the first player?

V. Key Claim Terms for Construction

  • The Term: "template"

    • Context and Importance: This term is the central subject matter of all nine patents-in-suit. Its construction will determine the scope of infringement. Practitioners may focus on this term because if "template" is construed broadly to mean any saved player layout, the infringement case may be simpler for the plaintiff. If it is construed narrowly to require a specific data object created through a dedicated "create template" function, the analysis becomes more technically nuanced.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent abstract provides a broad functional definition: "a template defining positions of one or more of game contents" (’385 Patent, Abstract). The specification also states that when a template is applied, facilities "are automatically changed to the facilities defined in the template" (’385 Patent, col. 4:38-40), suggesting the core function is the data defining the arrangement.
      • Evidence for a Narrower Interpretation: The figures and detailed description illustrate a specific workflow involving distinct "Create" and "Apply" buttons (e.g., ’385 Patent, Fig. 3A, buttons 307 and 308). This could support a narrower construction where a "template" is an object that is formally created and applied through a dedicated user interface, distinct from a general saved game state.

  • The Term: "circuitry configured to" (e.g., ’385 Patent, Claim 1)

    • Context and Importance: This term appears in the apparatus claims. Its construction determines whether infringement requires a specialized hardware configuration or if a general-purpose processor executing software suffices. Given that the accused products are software running on consumer devices, this construction is critical.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes the "device processing unit 25" as, for example, a "central processing unit (CPU)" that "executes processing based on the programs ... stored in the device storage unit 22" (’385 Patent, col. 4:15-25). This suggests that "circuitry" can be a general-purpose processor running software to perform the recited functions.
      • Evidence for a Narrower Interpretation: A defendant may argue that for "circuitry configured to" limitations, the specification must disclose a corresponding algorithm for performing the claimed function. The absence of a detailed algorithm for functions like "transmit first information" or "receive third information" could raise questions of indefiniteness under 35 U.S.C. § 112.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement. Inducement is based on allegations that Supercell provides instructions on its public help websites that explain how to use the accused "layout editor" and "copy a clan-mate-s-layout" features (Compl. ¶¶45, 59, 73). Contributory infringement is based on the allegation that the Clash of Clans application is especially made for infringing use and has no substantial non-infringing uses (Compl. ¶¶46, 60, 74).
  • Willful Infringement: Willfulness is alleged based on both pre-suit and post-suit knowledge. The complaint pleads pre-suit knowledge based on a September 12, 2016 letter informing Supercell of a parent application to the patents-in-suit (Compl. ¶¶30, 49, 63). Post-suit knowledge is based on the filing of the original and subsequent amended complaints in this action, after which Supercell's alleged infringement continued (Compl. ¶¶31-35).

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

  • A core issue will be one of definitional scope: does the term "template," as described in the patent's specification with specific user interface elements for creation and application, read broadly on the accused game's general-purpose "layout editor" feature, or is there a fundamental mismatch in the intended meaning and operation?
  • A key evidentiary question will be one of technical proof for multi-party claims: for claims requiring data exchange between two distinct player terminals and a server, what factual evidence will support the complaint's conclusory allegation that the accused system performs this specific sequence of operations, as opposed to the server merely providing a stored copy of one player's data to another?
  • A third central question will concern patent eligibility and non-obviousness: can the claimed methods for managing and applying game layouts, which are implemented in software, be framed as a patent-ineligible abstract idea or an obvious improvement over prior art game design, particularly given the game's commercial success and the complaint's emphasis on the USPTO's prior eligibility findings?