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Flick Intelligence, LLC asserted US9465451B2 towards Jam City’s Jurassic World Alive cell recreation within the Western District of Texas. The plaintiff voluntarily dismissed all claims with out prejudice earlier than Jam City answered, leaving the patent out there for future assertion. Each get together bore its personal prices.
Resolution time
139days
Resolved in 139 days — properly beneath the median for contested patent instances in W.D. Tex.
Patents asserted
1
US9465451B2 — Jurassic World Alive cell recreation; gaming software interplay expertise
Outcome
Dismissed
Without prejudice — Flick Intelligence could refile the identical claims towards Jam City
Cost ruling
Own prices
Each get together bears its personal prices, bills, and attorneys’ charges — no price award made
Case overview
Early pre-answer dismissal in cell gaming patent dispute, W.D. Texas
On 7 September 2023, Flick Intelligence, LLC filed an infringement motion towards Jam City within the Western District of Texas (Case No. 6:23-cv-00653), earlier than Chief Judge Alan D. Albright. The asserted patent was US9465451B2, and the accused merchandise had been Jam City’s Jurassic World Alive recreation and associated gaming functions and techniques. Flick Intelligence was represented by Ramey LLP, a agency often energetic within the W.D. Texas patent docket.
On 24 January 2024 — simply 139 days after submitting — Flick Intelligence filed a discover of voluntary dismissal pursuant to Federal Rule 41(a)(1)(A)(i), out there as of proper as a result of Jam City had neither answered the criticism nor filed a movement for abstract judgment. The dismissal was expressly said to be with out prejudice as to the asserted patent. Each get together was directed to bear its personal prices, bills, and attorneys’ charges, in step with the default Rule 41 place the place no price order is sought.
The pre-answer timing is commercially vital: dismissal beneath Rule 41(a)(1)(A)(i) requires no courtroom approval and leaves no adjudication on the deserves. The public report doesn’t disclose whether or not a settlement, licence settlement, or strategic reassessment drove the withdrawal. The without-prejudice designation means US9465451B2 stays a reside enforcement asset — Jam City and others within the cell gaming sector can’t deal with this submitting as a remaining decision of their publicity beneath this patent.
Case at a look
Case timeline
Filing to decision in 139 days
Resolved in 139 days — properly beneath the median for contested patent instances in W.D. Tex.
Dismissal phrases
Voluntary dismissal with out prejudice — what the report reveals and what it leaves open
Legal mechanism
Rule 41(a)(1)(A)(i): dismissal as of proper, no courtroom approval wanted
Because Jam City had not but answered or filed a dispositive movement, Flick Intelligence may file a discover of voluntary dismissal unilaterally beneath FRCP Rule 41(a)(1)(A)(i). This mechanism requires no judicial sign-off and is efficient instantly upon submitting. It is often used when events attain an off-docket decision or when a plaintiff elects to pause litigation earlier than incurring additional expense.
FRCP Rule 41(a)(1)(A)(i)
Prejudice standing
Without prejudice: the patent stays an energetic enforcement instrument
The dismissal is expressly with out prejudice as to the asserted patent, which means no declare was selected the deserves and Flick Intelligence retains the suitable to reassert US9465451B2 towards Jam City or some other defendant. The public report doesn’t disclose whether or not a confidential licence or settlement underlies this submitting — the without-prejudice designation alone doesn’t resolve that query both method.
No deserves adjudication
Cost allocation
Each get together bears personal prices — no fee-shifting triggered
The dismissal discover specifies that every get together shall bear its personal prices, bills, and attorneys’ charges. This is the usual Rule 41 default the place neither get together seeks a price order. It additionally means no § 285 exceptional-case fee-shifting movement was pursued by Jam City — in step with the early, pre-answer posture of the dismissal.
No charge award
Enforcement sign
Ramey LLP’s submitting sample: W.D. Texas quantity filer on gaming patents
Ramey LLP is among the highest-volume plaintiff-side patent filers within the Western District of Texas. Pre-answer voluntary dismissals on this agency’s caseload can sign profitable early licensing decision, portfolio reassessment, or strategic reloading earlier than refiling. Gaming sector defendants dealing with Ramey LLP complaints ought to deal with early decision as a believable however unconfirmed end result driver reasonably than an indicator of patent weak spot.
PAE enforcement sample
Parties and illustration
Full get together and counsel info
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Flick Intelligence, LLC | Company | Patent assertion entity — holder of US9465451B2 (gaming software interplay expertise)Search in Eureka ↗ |
| Defendant | Jam City | Company | Jam City — cell gaming developer and writer; creator of Jurassic World AliveSearch in Eureka ↗ |
| Plaintiff counsel | Jeffrey Eugene Kubiak | Attorney | Counsel for Flick Intelligence, LLCSearch in Eureka ↗ |
| Plaintiff counsel | William P. Ramey , III | Attorney | Counsel for Flick Intelligence, LLCSearch in Eureka ↗ |
| Defendant counsel | Christopher S. Ponder | Attorney | Counsel for Jam CitySearch in Eureka ↗ |
| Defendant counsel | Harper S. Batts | Attorney | Counsel for Jam CitySearch in Eureka ↗ |
| Presiding decide | Judge Alan D Albright | Chief Judge | Texas Western District Court — Chief JudgeSearch in Eureka ↗ |
Official verdict
Stipulation of dismissal — official textual content
Source: PACER Docket, Case 6:23-cv-00653, Texas Western District Court · Filed January 24, 2024
The dismissal discover invokes Rule 41(a)(1)(A)(i) exactly — signalling Jam City had not but filed any responsive pleading, giving Flick Intelligence the unilateral proper to exit. The express without-prejudice carve-out as to the asserted patent is deliberate drafting: it preserves each infringement declare for future use. The own-costs provision forecloses any charge movement. Together, this language is in step with a confidential decision or a tactical pause, however the public report helps neither conclusion definitively.
Patent at concern
US9465451B2 — Mobile Gaming Application Interaction Technology
Publication No.US9465451B2
Application No.US13/413859
Patent particulars
US9465451B2 (software quantity US13/413859) covers expertise within the cell gaming interplay house, asserted right here towards Jam City’s Jurassic World Alive recreation and associated gaming software techniques. The patent sits inside a technical area that sometimes encompasses user-device interplay mechanics — probably together with gesture, sensor, or location-based inputs used to drive gameplay occasions. The software quantity suggests a submitting timeline in step with the early smartphone gaming period, when foundational interaction-layer patents had been actively prosecuted.
For the cell gaming sector, a patent of this sort carries significant strategic weight. Jurassic World Alive is a location-aware, augmented-reality-adjacent cell recreation — a product class that depends closely on device-sensor integration and real-time interplay logic. If US9465451B2 claims learn on these mechanics, the patent is probably related to a large class of AR and location-based cell video games past Jam City’s portfolio. The without-prejudice dismissal leaves this query totally unresolved, making the patent a seamless threat asset for the sector.
Freedom to function
Should your gaming product run an FTO towards US9465451B2?
Any R&D or product group constructing cell video games that incorporate gesture-based controls, sensor-driven gameplay, location-aware mechanics, or augmented actuality interplay layers ought to assess their publicity to US9465451B2. The incontrovertible fact that this patent survived to litigation — and was dismissed with out prejudice reasonably than invalidated — means it has not been stress-tested by declare building or IPR. Products with function overlaps to Jurassic World Alive are the clearest candidates for an FTO overview.
PatSnap Eureka’s FTO Search Agent permits IP groups to map the claims of US9465451B2 towards your particular product function set, establish prior artwork that might help an IPR problem, and monitor for associated continuation filings from Flick Intelligence’s portfolio. Claim monitoring for this patent household is especially advisable given the without-prejudice dismissal — the following assertion could arrive with much less pre-litigation discover than this case offered.
PatSnap Eureka FTO Search
Run a freedom-to-operate evaluation on US9465451B2 to evaluate your product’s publicity
Related litigation
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Strategic implications
What this case indicators for the cell gaming IP panorama
A pre-answer dismissal with out prejudice leaves each substantive query open. Gaming builders and IP groups ought to take the suitable classes — not assume closure.
Without-prejudice dismissal means US9465451B2 remains to be reside — plan accordingly
Jam City obtained no invalidity ruling, no non-infringement discovering, and no licence on the general public report. Any cell gaming developer whose merchandise contact the expertise claimed in US9465451B2 ought to deal with this patent as an energetic enforcement threat. The 139-day lifecycle of this case is just too quick to have produced any declare building or prior artwork evaluation that might help future defendants.
W.D. Texas stays a high-activity venue for gaming patent assertions
Chief Judge Albright’s docket continues to draw patent assertion entities concentrating on app-based and cell gaming merchandise. Companies with significant gaming software portfolios — significantly these that includes location-based, augmented actuality, or interaction-layer mechanics — face elevated submitting threat on this venue. Monitoring Ramey LLP’s submitting exercise in W.D. Texas is a sensible early-warning measure.
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Frequently requested questions
Flick v Jam — key questions answered
Flick Intelligence, LLC filed a patent infringement motion towards Jam City within the Western District of Texas on 7 September 2023, asserting US9465451B2 towards the Jurassic World Alive cell recreation. On 24 January 2024, Flick Intelligence voluntarily dismissed all claims with out prejudice beneath FRCP Rule 41(a)(1)(A)(i), with every get together bearing its personal prices. No deserves resolution was reached.
A without-prejudice dismissal means no claims had been selected the deserves and Flick Intelligence retains the suitable to refile the identical infringement claims primarily based on US9465451B2 towards Jam City or some other defendant. Jam City obtained no invalidity ruling or non-infringement discovering. The public report doesn’t disclose whether or not a personal settlement or licence was reached alongside the dismissal.
Flick Intelligence asserted US9465451B2 (software quantity US13/413859) — a patent masking cell gaming software interplay expertise. The accused merchandise had been Jam City’s Jurassic World Alive recreation and associated gaming software techniques. The patent stays in drive and was not challenged by IPR or declare building proceedings throughout this litigation.
The public report doesn’t state the rationale. Dismissal beneath Rule 41(a)(1)(A)(i) is obtainable as of proper earlier than the defendant solutions, requiring no courtroom approval. Common drivers embrace confidential licensing decision, strategic portfolio reassessment, or a call to refile with amended claims. The without-prejudice designation preserves all future choices for Flick Intelligence.
Yes. The dismissal was with out prejudice and no courtroom has dominated on the validity or scope of US9465451B2. Developers of cell video games that includes gesture-based controls, sensor-driven mechanics, location-aware gameplay, or AR interplay layers ought to think about an FTO evaluation towards this patent. Flick Intelligence’s proper to say the patent towards Jam City or new defendants is totally intact.
This web page was created programmatically, to learn the article in its authentic location you’ll be able to go to the hyperlink bellow:
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