Interactive Entertainment

IMVU’s VCOIN SEC Staff No-Action

Represented IMVU, Inc. in obtaining a no-action relief from the U.S. Securities and Exchange Commission (SEC) staff that clears the way for its client, IMVU Inc., to sell VCOIN, a blockchain-based digital asset, as a transferable non-security to its users worldwide. This is the first SEC staff no-action letter involving a blockchain-based digital asset that can be transferred outside of a closed platform and exchanged for fiat currency. With these important features, VCOIN is a new way for IMVU’s users to earn value that can be converted into cash and used in the real world.

VR For Good

Assisted in writing the agreements for and helped to administer, the VR for Good program and Oculus’ engagement with universities for additional research opportunities.

Partnership with Skydance Media

Provided strategic advice to clients Amy Henning and Julian Beak, assisting in closing a partnership deal to lead Skydance Media's new division to shape the future of interactive media. Amy, award-winning creative director, and Julian, her executive producer partner, will use state-of-the-art computer graphics to help put the audience in the driver’s seat.

Microsoft $7.5B Gaming Acquisition of ZeniMax Media

Represented Microsoft Corporation in its $7.5 billion acquisition of interactive gaming company ZeniMax Media, Inc. The transaction is expected to close in early 2021 following regulatory approvals. The transaction will significantly expand Microsoft’s game business and the Perkins Coie team assisted Microsoft in evaluating ZeniMax Media’s global game studios.

Snapshot Games Acquisition by Embracer Group AB

Represented Snapshot Games in its acquisition by Embracer Group AB (Embracer), and its wholly owned subsidiary Snapshot Games Sofia EOOD. Snapshot Games will form a part of Embracer's wholly owned subsidiary Saber Interactive (Saber). Snapshot Games, based in the United States and Bulgaria, is the independent video game developer behind premium strategy title Phoenix Point. Through the acquisition, Saber brings a reputable studio of 65 people and well-renowned IPs into the group.

Torch 3D Investment Round

Represented Torch 3D in an investment round where it raised $3.5 million from several venture capital funds. Torch 3D, based in Portland, Oregon, is developing a prototyping and collaboration platform for professionals creating Augmented Reality and Virtual Reality experiences.

Microsoft Acquisition of Mojang (Minecraft)

Represented Microsoft Corporation as U.S. counsel and primary intellectual property counsel in its $2.5 billion acquisition of Stockholm-based game developer Mojang, the creator of the “Minecraft” video game franchise.

Microsoft Acquisition of “Gears of War” Franchise

Represented Microsoft Corporation in its acquisition of the “Gears of War” game franchise from Epic Games, Inc., a developer of games and cross-platform game engine technology.

Sale of stock of Angel Studios Inc. to Take Two Interactive Software Inc.

Represented videogame developer in sale.

IoT - Interactive Entertainment

Represented Magic Leap, a developer of a wearable, dynamic-image computing interface that harmonizes with human senses, in its preferred stock financing.

IoT - Interactive Entertainment

Representing a digital and physical mixed reality computing platform in data privacy matters, including drafting related policies.

IoT - Interactive Entertainment

Represented one of the world's largest talent agencies in commercial contract negotiations with Lemon Mobile in connection with a private label solution for proximity and location-based advertising and marketing campaign development and deployment.

Game Design and Development Agreements

Game Design

Represented numerous developers in connection with online, PC, mobile and VR game development agreements.

Virtual Reality

Sale of Spatialand, Inc. to Walmart

Represented Spatialand Inc., a software platform that helps create virtual reality experiences, in its acquisition by Walmart.

Founding and IP Counsel to VR Headset Maker Atheer

Representing Atheer, a leading HMD for industrial applications, since its founding. Handling all IP work for Atheer, particularly developing and managing Atheer’s international patent and trademark portfolios.

Augmented Reality Startup Focused on Patient Care

Represented Miney Moe, a holographic communication technology AR company , in fund raising, formation and product liability counsel; Miney Moe is initially working with doctors concerned about children’s’ experiences in medical settings.

Financing for Magic Leap

Represented the developer of a wearable, dynamic-image computing interface that harmonizes with human senses in its preferred stock financing.

Magic Leap’s Content and Publishing Agreements

Guided Magic Leap in drafting and developing their content development agreements and policies and procedures. Also involved in developing their publishing arrangement with developers, as well as advising them on privacy issues.

Funding Counsel to Magic Leap

Represented Magic Leap, Inc. in securing $793.5 million in new funding, in a funding round led by the Alibaba Group.

Trademark and Privacy Counsel to Niantic

Advised the software maker in trademark enforcement as well as privacy issues.

Oculus Wide-Ranging Representation

Advised Oculus on their marketplace, developer terms as well as product liability and warning work. Also handling several other third-party content deals, providing cross-functional support for their research group and supporting their hardware team focused on international manufacturing and supply deals. Counsel also includes writing the agreements and helping to administer the Oculus for Good program.

Privacy and Licensing Counsel to VR Pet Platform

Advised Beast, Inc., a VR platform that brings digital pets to virtual "life" through artificial intelligence and personalities, on privacy issues; also drafted Beast’s form license agreement and advised on a number of other licensing issues.

Upload VR Funding

Represented UploadVR, Inc. in securing $1.25 million in funding from Shanda Group.

Virtual Reality Manufacturers

Provide advice and assistance to the Virtual Reality (VR) manufacturers regarding content development and distribution agreements, creation of a content marketplace, privacy & data security, health & safety issues, consumer-facing agreements, research and development agreements, strategic partnerships, certification, regulatory compliance and various licensing arrangement.

Intellectual Property

Microsoft Corporation

Represented Microsoft in patent prosecution relating to augmented reality (AR) and virtual reality (VR) technology, including near-eye display (NED) and head-mounted display (HMD) devices.

Trademark Work for New Microsoft Brands

Worked with large software company to clear new brands for software, computer games, and internet products.

IP Agreements for Virtual Reality Company

Drafted and negotiated intellectual property agreements for a major virtual reality company that required navigating complex government use rights.

Litigation

Mikohn Gaming Corporation v. Acres Gaming Inc.

U.S. District Court for the District of Nevada
Won jury trial representing the plaintiff, proving patent infringement.

Fenner Investments, Ltd. v, Nintendo of America Inc., et al.

U.S. District Court for the Eastern District of Texas
Won summary judgment representing the defendant, proving non-infringement.

IA Labs CA, LLC. v. Nintendo Company, Ltd., et al.

U.S. District Court for the District of Maryland
Won summary judgment representing defendant, proving non-infringement.

Impulse Technology Ltd. v. Nintendo of America Inc., et al.

U.S. District Court for the Northern District of Ohio
Plaintiff dismissed with prejudice after Markman ruling favorable to client Nintendo.

Nintendo of America Inc. v. What's On Inc. et al.

U.S. District Court for the Western District of Washington
Represented Nintendo in litigation alleging infringement of intellectual property rights in video game products. Successfully obtained TRO, preliminary and permanent injunctions.

Mele dba Blizzard Records and Blizzard Records Inc. v. Davidson & Associates Inc.

U.S. District Court for the Western District of New York
Successful defense through trial of trademark infringement claim involving reverse confusion claim. Citation: WL2285111

Nintendo of America Inc. v. Nyko Technologies Inc.

U.S. District Court for the Western District of Washington
Represented Nintendo in an action alleging patent and trademark infringement based upon the defendant's design, marketing and sale of a handheld game controller.

ThinkOptics Inc. v. Nintendo of America Inc., et al.

U.S. District Court for the Eastern District of Texas
Defended Nintendo in a patent case in the Eastern District of Texas relating to direct-pointing devices and methods.

Multiplayer Network Innovations, LLC v. Nintendo of America Inc., et al.

U.S. District Court for the Eastern District of Texas
Defended Nintendo in a patent case in the Eastern District of Texas relating to multiplayer gaming technologies.

Milestone Company, Ltd., et al. v. Nintendo of America Inc.

U.S. District Court for the Western District of Washington
Represented Nintendo of America Inc. in a patent case relating to imaging lenses for portable devices.

Baker v. Nintendo of America Inc.

U.S. District Court for the Western District of Washington
U.S. District Court for the Eastern District of Texas
Lead counsel for Nintendo in a patent case relating to motion tracking technology and related games. Successfully moved to transfer multi-defendant case from the Eastern District of Texas to the Western District of Washington. Secured summary judgment of noninfringement for all claims asserted against Nintendo.

Cherdak v. Nintendo of America Inc.

U.S. District Court for the Eastern District of Virginia
Lead counsel for Nintendo in a patent case in the Eastern District of Virginia relating to pedometer technology and related games. The plaintiff voluntarily dismissed all claims with prejudice after briefing on Nintendo’s motion to dismiss was complete.

Triton Tech of Texas, LLC v. Nintendo of America Inc.

U.S. Court of Appeals for the Federal Circuit
Persuaded the Federal Circuit to affirm summary judgment that Triton’s patent claims on a computer input device were invalid for indefiniteness because the patent’s specification did not disclose an algorithm corresponding to the claimed “integrator means.” 753 F.3d 1375 (Fed. Cir. 2014).

Quintal Research v. Nintendo of America Inc.

Handheld computing devices.

Triton Tech of Texas v. Nintendo of America Inc., et al.

Mems-gyroscopes and accelerometer technologies.

Thinkoptics, Inc. v. Nintendo of America Inc., et al.

Direct-pointing devices and methods.

Bach, et al. v. Forever Living Products U.S., Inc., et al.

U.S. District Court for the Western District of Washington
Defended litigation alleging copyright and trademark infringement of rights in the novel "Jonathan Livingston Seagull."

Nintendo of America Inc. v. Chan, et al.

U.S. District Court for the Western District of Washington
Obtained permanent injunction and consent judgment on behalf of Nintendo against Internet seller of anti-circumvention devices, based on violations of the Digital Millennium Copyright Act and copyright and trademark infringement.

Nintendo of America Inc. v. Nyko Technologies Inc.

U.S. District Court for the Western District of Washington
Represented Nintendo in an action alleging patent and trademark infringement based upon the defendant's design, marketing and sale of a handheld game controller.

Nintendo of America Inc. v. Winbond Electronics Corporation

U.S. District Court for the Northern District of California, U.S. District Court for the Western District of Washington
Represented Nintendo in litigation alleging infringement of intellectual property rights in video game software and hardware.

Nintendo of America Inc. v. Taiwan Semiconductor Manufacturing Company, Ltd.

U.S. District Court for the Northern District of California
Represented Nintendo in litigation alleging infringement of copyright, trademark and mask work rights in software, hardware and semiconductor chips.

Swiniarski v. Hasbro Inc.

U.S. District Court for the Central District of California
Defense of action alleging copyright infringement in name, character and title of book allegedly infringed by video game software and related materials.

Big Fish Games Inc. v. iWin Inc.

U.S. District Court for the Western District of Washington
Obtained preliminary and permanent injunctive relief for client Big Fish Games, in a case alleging violations of the Computer Fraud and Abuse Act, RICO, Uniform Trade Secrets Act, Unfair Business Practices Act, and other statutes, based upon a competitor’s unauthorized access to Big Fish Games’ proprietary and trade secret information. The case was favorably resolved, after substantial discovery, through a confidential settlement.

Carnahan v. Big Fish Games

U.S. District Court for the Western District of Washington
Lead counsel defending Big Fish Games, Inc., in a purported nationwide class action alleging unfair and deceptive practices and fraud in connection with auto-renewal and free trial aspects of online subscription program. Achieved confidential settlement and stipulated dismissal, after moving to dismiss and prior to discovery.

Product Counseling

Video Game Regulatory Advice

Provided advice to a first-party video game developer on regulatory issues related to a game.

Mergers & Acquisitions

Microsoft $7.5B Gaming Acquisition of ZeniMax Media

Represented Microsoft Corporation in its $7.5 billion acquisition of interactive gaming company ZeniMax Media, Inc. The transaction is expected to close in early 2021 following regulatory approvals. The transaction will significantly expand Microsoft’s game business and the Perkins Coie team assisted Microsoft in evaluating ZeniMax Media’s global game studios.

Snapshot Games Acquisition by Embracer Group AB

Represented Snapshot Games in its acquisition by Embracer Group AB (Embracer), and its wholly owned subsidiary Snapshot Games Sofia EOOD. Snapshot Games will form a part of Embracer's wholly owned subsidiary Saber Interactive (Saber). Snapshot Games, based in the United States and Bulgaria, is the independent video game developer behind premium strategy title Phoenix Point. Through the acquisition, Saber brings a reputable studio of 65 people and well-renowned IPs into the group.

Sale of Wizards of the Coast Inc.

Represented Wizards of the Coast Inc. in its sale to Hasbro Inc.

Sale of stock of Angel Studios Inc. to Take Two Interactive Software Inc.

Represented videogame developer in sale.

Real-D Inc. acquisition of assets of StereoGraphics

Represented 3D cinema company in its acquisition of substantially all of the assets, including patents and related technology, of StereoGraphics Corporation.

Microsoft Acquisition of Mojang (Minecraft)

Represented Microsoft Corporation as U.S. counsel and primary intellectual property counsel in its $2.5 billion acquisition of Stockholm-based game developer Mojang, the creator of the “Minecraft” video game franchise.

Microsoft Acquisition of “Gears of War” Franchise

Represented Microsoft Corporation in its acquisition of the “Gears of War” game franchise from Epic Games, Inc., a developer of games and cross-platform game engine technology.

Sale of Big Fish Games, Inc.

Represented Big Fish Games, Inc. in its sale to Churchill Downs Incorporated