Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 1 of 77

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THE HONORABLE _______________

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON

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IMMERSION CORPORATION,
Plaintiff,

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Case No. _____________COMPLAINT FOR PATENTINFRINGEMENTv.
VALVE CORPORATIONJURY TRIAL DEMANDED

Defendant.

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COMPLAINTFOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 9810 , Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 2 of 77

Plaintiff Immersion Corporation (“Immersion”) files this Complaint against Defendant

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Valve Corporation (“Valve”).
NATURE OF THE ACTION

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1.

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This is an action for the infringement of seven United States Patents: U.S. Patent5

Nos. 7,336,260 (“the ’260 patent”); 8,749,507 (“the ’507 patent”); 9,430,042 (“the ’042 patent”);

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9,116,546 (“the ’546 patent”); 10,627,907 (“the ’907 patent”); 10,665,067 (“the ’067 patent”); and7

11,175,738 (“the ’738 patent”) (collectively, “the Patents-in-Suit”).
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Defendant Valve has been making, using, selling, offering for sale, and/or

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importing handheld as well as augmented reality and virtual reality (“AR/VR”) video game10

systems such as the Steam Deck and Valve Index. These video game systems integrate multiple

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game engines1 including, for example and without limitation, Unity, Unreal Engine, and Source 2,

12and related software2 including, for example and without limitation, SteamVR and Steam Input, as

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well as game titles available for sale by Valve through its Steam platform, including for example

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and without limitation, Half-Life: Alyx,3 MoonDust: Knuckles Tech Demo,4 Counter-Strike: Global

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Offensive,5 STAR WARS Jedi: Survivor,6 War Thunder,7 Apex Legends,8 Call of Duty®: Black Ops

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III,9 Call of Duty®: Modern Warfare® II,10 Warframe,11 Marvel’s Guardians of the Galaxy,12

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See https://valvesoftware.github.io/steamvr_unity_plugin/ (“Valve maintains a Unity plugin to smoothly interface
SteamVR with Unity”) (last accessed May 10, 2023); https://docs.unrealengine.com (“The Online Subsystem SteamAPI enables you to ship Unreal Engine 4 (UE4) applications to Valve’s Steam platform.”) (last accessed May 10,2023); https://developer.valvesoftware.com (Source2 is a 3D video game engine in development by Valve as a
successor to Source.”) (last accessed May 10, 2023).
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See, e.g., https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://store.steampowered.com/app/250820/steamVR/ (last accessed May 10, 2023).
3
See https://store.steampowered.com/app/546560/HalfLife_Alyx/ (last accessed May 10, 2023).
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See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/( last accessed May 10, 2023).
5
See https://store.steampowered.com/app/730/CounterStrike_Global_Offensive/ (last accessed May 10, 2023).
6
See https://store.steampowered.com/app/1774580/STAR_WARS_Jedi_Survivor/ (last accessed May 10, 2023).
7
See https://store.steampowered.com/app/236390/War_Thunder/ (last accessed May 10, 2023).
8
See https://store.steampowered.com/app/1172470/Apex_Legends/ (last accessed May 10, 2023).
9
See https://store.steampowered.com/agecheck/app/311210/ (last accessed May 10, 2023).
10
See https://store.steampowered.com/agecheck/app/1938090/ (last accessed May 10, 2023).
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See https://store.steampowered.com/agecheck/app/230410/ (last accessed May 10, 2023).
12
See https://store.steampowered.com/app/1088850/Marvels_Guardians_of_the_Galaxy/ (last accessed May 10,2023).
FOLIO LAW GROUP PLLCCOMPLAINT
11200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 3 of 77

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Grand Theft Auto V,13 and any other game titles sold on the Steam platform that incorporate haptic

2capabilities. The Steam Deck and the corresponding software (including Steam), and game titles

3(collectively, “the Accused Handheld Instrumentalities”), as well as the Valve Index and the4corresponding software (including SteamVR), and game titles (collectively “Accused VR

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Instrumentalities”) infringe the Patents-in-Suit in violation of 35 U.S.C. § 271.
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Immersion seeks appropriate damages, injunctive relief, prejudgment and post-

judgment interest, and ongoing royalties for Valve’s infringement of the Patents-in-Suit.
THE PARTIES

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4.

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Founded in 1993, Immersion is widely known as the pioneering and leading

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innovator of haptic technology. “Haptics” refers to the science of touch. Haptics in consumer

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electronic devices provide tactile sensations to the users of electronic devices. Immersion creates

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software for implementing advanced haptic effects in video game systems and controllers and13other handheld computers. Immersion also owns and licenses a broad portfolio of pioneering

14patents related to the use of haptics technology. Immersion’s software is found in products that are

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sold and used worldwide. Immersion’s patented technology is used even more widely, subject to16patent licenses between Immersion and many of the world’s most recognizable companies.

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Immersion’s hard work and ingenuity in the field of haptics has resulted in extensive intellectual

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property protection for Immersion’s innovations. This protection includes more than 1,000 world-

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wide granted and pending patents, including the Patents-in-Suit. During its nearly 30-year history,

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Immersion redefined how haptics are implemented in consumer technology. The recent

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proliferation of haptics-enabled consumer electronics demonstrates the importance of Immersion’s

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innovations. Immersion continues to invest in research and development today.
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Immersion is a Delaware corporation with its principal place of business located at

2999 N. E. 191st Street, Suite 610, Aventura, Florida 33180. Immersion owns the Patents-in-Suit.

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See https://store.steampowered.com/agecheck/app/271590/ (last accessed May 10, 2023).

COMPLAINT2FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 4 of 77

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Valve Corporation is a corporation organized and existing under the laws of2

Washington with its principal place of business at 10400 NE 4th St., Suite 1400, Bellevue,

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Washington 98004. Valve also has a registered agent at CorpServe, Inc., 1001 4th Ave, Ste. 4400,

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Seattle, WA 98154-1192.
JURISDICTION AND VENUE

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This is an action for patent infringement arising under the Patent Laws of the UnitedStates, Title 35 of the United States Code.

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1338(a).

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This Court has original subject matter jurisdiction under 28 U.S.C. §§ 1331 andThis Court has personal jurisdiction over Valve because, inter alia, Valve’s

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corporate headquarters are located in Bellevue, Washington, and Valve has a continuous presence

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in, and systematic contact with, this District.

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10.

Valve has committed and continues to commit acts of infringement of the Patents-

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in-Suit in violation of the United States Patent Laws, and has used the Accused Handheld

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Instrumentalities and Accused VR Instrumentalities within this District. Valve’s infringement has

16caused substantial injury to Immersion, including within this District.

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Venue is proper in this District. Valve resides in this District within the meaning of

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28 U.S.C. § 1400(b). Valve has committed acts of infringement within this District and has regular19

and established places of business here.
THE PATENTS-IN-SUIT

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The ’260 patent is titled “Method and Apparatus for Providing Tactile Sensations”

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and was issued by the United States Patent Office to inventors Kenneth M. Martin, Steven P.

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Vassallo, Alex S. Goldenberg, Alexander Jasso, and Kollin Tierling on February 26, 2008. The

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earliest application related to the ’260 patent was filed on November 1, 2001. A true and correct

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copy of the ’260 patent is attached as Exhibit A.

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COMPLAINT3FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 5 of 77

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13.

Immersion is the owner of all right, title, and interest in and to the ’260 patent withthe full and exclusive right to bring suit to enforce the ’260 patent.

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The ’260 patent is valid and enforceable under the United States Patent Laws.

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The ’507 patent is titled “Systems and Methods for Adaptive Interpretation of Input

5from a Touch-sensitive Input Device” and was issued by the United States Patent Office to6inventors Henry DaCosta, Christophe Ramstein, and Danny Grant on June 10, 2014. The earliest

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application related to the ’507 patent was filed on November 26, 2003. A true and correct copy of

8the ’507 patent is attached as Exhibit B.

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Immersion is the owner of all right, title, and interest in and to the ’507 patent withthe full and exclusive right to bring suit to enforce the ’507 patent.

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The ’507 patent is valid and enforceable under the United States Patent Laws.

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The ’042 patent is titled “Virtual Detents Through Vibrotactile Feedback” and was

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issued by the United States Patent Office to inventor Michael D. Levin on August 30, 2016. The

14earliest application related to the ’402 patent was filed on December 27, 2006. A true and correct

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copy of the ’042 patent is attached as Exhibit C.

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Immersion is the owner of all right, title, and interest in and to the ’042 patent withthe full and exclusive right to bring suit to enforce the ’042 patent.

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The ’042 patent is valid and enforceable under the United States Patent Laws.

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The ’546 patent is titled “System for Haptically Representing Sensor Input” and20

was issued by the United States Patent Office to inventors David Birnbaum, Christopher J. Ullrich,

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Danny Grant, Ali Modarres, and Juan Manuel Cruz-Hernandez on August 25, 2015. The earliest

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application related to the ’546 patent was filed on August 29, 2012. A true and correct copy of the23’546 patent is attached as Exhibit D.

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Immersion is the owner of all right, title, and interest in and to the ’546 patent withthe full and exclusive right to bring suit to enforce the ’546 patent.
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COMPLAINTThe ’546 patent is valid and enforceable under the United States Patent Laws.
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FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 6 of 77

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24.

The ’907 patent is titled “Position Control of a User Input Element Associated with2

a Haptic Output Device” and was issued by the United States Patent Office to inventors Srivatsav

3Venkatesan, Kaniyalal Shah, Douglas George Billington, Aaron Kapelus, Stephen Rank, and4Daniel Parker on April 21, 2020. The earliest application related to the ’907 patent was filed on

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December 23, 2014. A true and correct copy of the ’907 patent is attached as Exhibit E.

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Immersion is the owner of all right, title, and interest in and to the ’907 patent withthe full and exclusive right to bring suit to enforce the ’907 patent.

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The ’907 patent is valid and enforceable under the United States Patent Laws.

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The ’067 patent is titled “Systems and Methods for Integrating Haptics Overlay in

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Augmented Reality” and was issued by the United States Patent Office to inventors Satoshi Araki,

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Christopher J. Ullrich, Liwen Wu, Juan Manuel Cruz-Hernandez, Danny A. Grant, Sanya Attari,

12and Colin Swindells on May 26, 2020. The earliest application related to the ’067 patent was filed13

on June 15, 2018. A true and correct copy of the ’067 patent is attached as Exhibit F.

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Immersion is the owner of all right, title, and interest in and to the ’067 patent withthe full and exclusive right to bring suit to enforce the ’ 067 patent.

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The ’067 patent is valid and enforceable under the United States Patent Laws.

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The ’738 patent is titled “Systems and Methods for Proximity-based Haptic

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Feedback” and was issued by the United States Patent Office to inventors Vahid Khoshkava and19

Abdelwahab Hamam on November 16, 2021. The earliest application related to the ’738 patent20

was filed on December 13, 2016. A true and correct copy of the ’738 patent is attached as

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Exhibit G.

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Immersion is the owner of all right, title, and interest in and to the ’738 patent withthe full and exclusive right to bring suit to enforce the ’738 patent.

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The ’738 patent is valid and enforceable under the United States Patent Laws.

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33.

The Patents-in-Suit generally teach novel systems and methods for generating

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haptic signals used to generate haptic feedback in, among other things, video game systems and
COMPLAINT5FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 7 of 77

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controllers. The claimed systems and methods combine specific hardware and software

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components in unconventional ways. In contrast, conventional systems provided rudimentary3

mechanisms for applying static effects that merely informed users that basic events occurred.

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Through novel innovations, the Patents-in-Suit expand haptic stimulation to provide users

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feedback based on a range of interactions with video game systems and controllers. The

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combinations of features are uniquely technological, and each claim improves on known systems

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and methods for providing haptic feedback.
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For example, the ’260 patent, in general describes advances in providing haptic

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feedback in a variety of electronic devices such as gamepads and portable gaming devices, that,

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among other things, detect pressures and provide tactile sensations. The ’260 patent teaches,

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among other things, systems in which the electronic device detects different levels of pressure on

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the device and provide tactile sensations in response. Further details of the invention are described

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in the specification and the claims.
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The ’507 patent, in general, describes advances in providing haptic feedback in

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processor-equipped devices that receive contact data from interactions with a touch-pad. The ’507

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patent teaches, among other things, systems and methods in which the device determines a pressure

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and a change in pressure based on contact data. The device outputs a haptic effect if the pressure18

is greater than a pressure threshold, the change in pressure is greater than a change in pressure

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threshold, and an interval has elapsed. Further details of the invention are described in the20

specification and the claims.
36.

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The ’042 patent, in general, describes advances in providing haptic feedback in,

22among other things, portable video players and portable game systems, operated through, for

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example, a touch-pad. The ’042 patent teaches, among other things, providing virtual detents to24

simulate mechanical feedback through vibrotactile feedback delivered to an input device such as,

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for example, a touch-pad. Further details of the invention are described in the specification and the26claims.

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COMPLAINT6FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 8 of 77

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37.

The ’546 patent, in general, describes advances in providing haptic feedback in,

2among other things, game consoles. The ’546 patent teaches, among other things, generating haptic

3effects based on received inputs, including extra-sensory information. Further details of the4invention are described in the specification and the claims.

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38.

The ’907 patent, in general, describes advances in providing haptic feedback in,

6among other things, video games systems and video game controllers. The ’907 patent teaches,

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among other things, defining position and range information for a user input element associated8with a haptic output device—including a primary range of positions, a secondary range of9

positions, and a boundary range of positions—and rendering a haptic effect in response to an entry

10of the user input element to one or more positions within the boundary range of position. Further

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details of the invention are described in the specification and the claims.

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39.

The ’067 patent, in general, describes advances in providing haptic feedback in,

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among other things, AR/VR systems. The ’607 patent teaches, among other things, transmitting a

14visual effect through a display on a proxy object comprising one or more haptic output devices,15

and transmitting a haptic effect to one or more haptic output devices based in part on sensor data.

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Further details of the invention are described in the specification and the claims.

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40.

Lastly, the ’738 patent, in general, describes advances in providing haptic feedback

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in, among other things, video game controllers. The ’738 patent teaches, among other things,

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generating haptic feedback based at least in part on a first signal received from a proxy sensor

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capable of detecting a non-contact interaction with a touch-sensitive device and a second signal

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received from a touch-sensitive device upon detecting a touch. Further details of the invention are22

described in the specification and the claims.
HAPTIC TECHNOLOGY

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Haptic feedback provides touch or tactile sensations to users of electronic devices

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and may include tactile sensations produced by an actuator, such as a motor, a linear resonant

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actuator, or a piezoelectric actuator. Because of the importance of the sense of touch to the way

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COMPLAINT7FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 9 of 77

1people perceive their surroundings and the things with which they interact, haptics can greatly

2enhance the usability and functionality of consumer electronic devices. For example, when haptic

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technology is implemented in video game systems and controllers, users can experience vibrating

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forces that mimic real-life forces as they navigate through virtual controls or interact with virtual5

objects, including with virtual hands, with natural actions such pressing or squeezing. The Accused

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Handheld Instrumentalities and Accused VR Instrumentalities include haptic feedback technology.

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The presence of haptics in the Accused Handheld Instrumentalities and Accused VR

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Instrumentalities provides enhanced user interaction through haptic cues, which give users a richer

9and more immersive user experience.

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In electronic devices, haptic effects are typically managed and controlled by

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embedded software, and integrated into device user interfaces and applications via embedded

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control software application programming interfaces (“APIs”). Applications running on an

13electronic device call these APIs to implement haptic effects. These APIs in turn cause specific14

haptic effect commands to be sent to an actuator in the electronic device, resulting in the associated15

haptic effect. More sophisticated applications may provide a variety of tactile sensations. For

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example, user actions may trigger different haptic effects and thus communicate different types of

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information. This information may be conveyed, for example, by varying the type, duration,

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intensity, or frequency of the tactile sensations. This enables the creation of different haptic effects

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so that users can easily distinguish different actions in a virtual environment.

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43.

Valve is capitalizing on Immersion’s innovation and success by selling and21otherwise monetizing video game systems, controllers, games, and applications that infringe

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Immersion’s patents, including the Patents-in-Suit. Valve is using Immersion’s patented

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inventions without license or authority from Immersion. Immersion has brought this action to24

remedy Valve’s infringement.

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COMPLAINT8FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 10 of 77

THE ACCUSED INSTRUMENTALITIES

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The Valve Index is an AR/VR system developed by Valve to provide users with an3“immersive”14 and “high fidelity”15 AR/VR experience. The system consists of several key

4components, including a headset, controllers, and base stations. One of the standout features of the5

Valve Index is its precise and responsive controllers.16 The controllers are designed to track the

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movements of each individual finger, enabling more natural and intuitive interactions within

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AR/VR17 while the base stations ensure precise tracking of the user’s movements in physical space.

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This position tracking and the haptic feedback incorporated into the controllers greatly enhance9

the sense of immersion and enables users to manipulate virtual objects with a high degree of10

accuracy.18

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45.

The Steam Deck is Valve’s handheld gaming system featuring a built-in controller

12layout, including thumbsticks, buttons, touch-pads, and triggers. One of the key features of the13

Steam Deck is its haptic feedback technology which enhances the tactile feedback and immersion

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during gameplay.19 The Steam Deck utilizes advanced haptic feedback technology to provide more

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realistic and engaging gameplay experiences.20 The haptics system is integrated into the device’s

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controllers, offering players a mix of high sensitivity haptic feedback and trackball emulation,

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which allows a thumb to carefully nudge a mouse pointer or rapidly spin the viewport in a first-

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person shooter.21 For example, the touch-pads provide a carefully engineered combination of

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14

See https://www.livescience.com/valve-index-review (last accessed May 10, 2023).
See https://store.steampowered.com/sub/354231/ (last accessed May 10, 2023).
16
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).
17
See https://docs.vrchat.com/docs/valve-index#:~:text=Finger%20Posing,your%20thumb%20is%20%22down%22(last accessed May 10, 2023).
18
See, e.g., https://www.valvesoftware.com/en/index/controllers; https://partner.steamgames.com/vrlicensing (lastaccessed May 10, 2023).
19
See https://gamerant.com/steam-deck-how-to-customizehaptics/#:~:text=The%20Steam%20Deck%20trackpads%20provide,the%20right%20and%20left%20triggers (lastaccessed May 10, 2023).
20
See https://arstechnica.com/gaming/2022/02/steam-deck-the-comprehensive-ars-technica-review/3/ (last accessed
May 10, 2023).
21
See https://arstechnica.com/gaming/2022/02/steam-deck-the-comprehensive-ars-technica-review/3/ (last accessed
May 10, 2023).
FOLIO LAW GROUP PLLCCOMPLAINT
9151200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 11 of 77

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haptic feedback and glide-friendly plastic, where every unit of movement triggers a rumble against2

the user’s thumb. 22

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46.

Both the Valve Index and Steam Deck take advantage of the extensive library of

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games available on Valve’s Steam platform.23 It serves as a central hub for gamers to purchase,5

download, and manage their library of digital games.24 The platform offers a vast catalog of games

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including games that incorporate haptic effects. These games are designed to take advantage of the7

haptic feedback on the Valve Index and Steam Deck to deliver a more immersive gameplay

8experience.
VALVE’S CONTROL OVER THE ACCUSED INSTRUMENTALITIES

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47.

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To facilitate the development and deployment of games and applications for the11

Accused Handheld Instrumentalities and Accused VR Instrumentalities, Valve exercises control

12over how games and applications are designed for and sold through the Accused Handheld

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Instrumentalities and Accused VR Instrumentalities, and exercises ongoing control over the14

operation of the Accused Handheld Instrumentalities and Accused VR Instrumentalities after each15

is sold.
48.

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Valve exercises control over how games and applications are designed for and sold17

through the Accused Handheld Instrumentalities and Accused VR Instrumentalities, for example

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and without limitation, in at least the following ways: (a) setting design requirements;25 (b) actively

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curating the Steam platform by reviewing games and applications to ensure that there are no20

technical issues and that the content is designed and developed to meet user expectations;26

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22

See https://arstechnica.com/gaming/2022/02/steam-deck-the-comprehensive-ars-technica-review/3/ (last accessed
May 10, 2023).
23

See https://store.steampowered.com/libraryupdate (last accessed May 10, 2023).
See https://www.pcmag.com/news/steam-experiments-with-a-new-way-to-browse-its-huge-library-of-games (lastaccessed May 10, 2023).
25
See https://www.steamdeck.com/en/verified (last accessed May 10, 2023).
26
See https://www.youtube.com/watch?v=_OAqvtlgfGA (last accessed May 10, 2023).;https://partner.steamgames.com/doc/steamdeck/compat (“Valve will review your game on Steam Deck, checking it
against a specific set of criteria.”) (last accessed May 10, 2023).
FOLIO LAW GROUP PLLCCOMPLAINT
10
241200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 12 of 77

1(c) providing developer resources such as design guides,27 marketing resources,28 developer kits,29

2

and documentation for user input and other features;30 (d) implementing and funding a royalty

3payment program;31 and (e) providing examples of how developers can add haptics to games and4

applications that run on the Accused Handheld Instrumentalities and Accused VR

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Instrumentalities.32

649.

Valve exercises ongoing control over the operation of the Accused Handheld

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Instrumentalities and Accused VR Instrumentalities after each is sold, for example and without

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limitation, in at least the following ways: (a) requiring users of the Accused Handheld

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Instrumentalities and Accused VR Instrumentalities to log into a Steam account controlled by

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Valve to access the user’s Steam library of games;33 (b) defining and identifying the haptic APIs

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for with the Accused Handheld Instrumentalities and Accused VR Instrumentalities;3412(c) specifying minimum system requirements for a PC to use the Accused Handheld

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Instrumentalities and Accused VR Instrumentalities (“Steam Host PC”)35 and providing test

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applications for assessing VR readiness;36 and (d) taking control over the Steam Host PC while

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running games on SteamVR.

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27

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27

See https://partner.steamgames.com/doc/steamdeck (last accessed May 10, 2023).
See https://partner.steamgames.com/doc/marketing/tools (last accessed May 10, 2023).
29
See https://partner.steamgames.com/doc/steamdeck/devkits (last accessed May 10, 2023).
30
See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/SteamVR-Input.html (last accessed May
10, 2023) ; https://github.com/ValveSoftware/openvr/wiki/SteamVR-Skeletal-Input (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steamvr/input (last accessed May 10, 2023).
31
See https://www.theverge.com/2018/11/30/18120577/valve-steam-game-marketplace-revenue-split-new-rulescompetition (last accessed May 10, 2023).
32
See, e.g., https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023);
https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10, 2023).
33
See, e.g., https://store.steampowered.com/steamdeck (“Once you've logged into Steam Deck, your entire Steam
Library shows up, just like any other PC.”) (last accessed May 10, 2023);
https://store.steampowered.com/libraryupdate (last accessed May 10, 2023).
34
See, e.g,. https://github.com/ValveSoftware/openvr/wiki/IVRSystem::TriggerHapticPulse (last accessed May 10,2023); https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
35
See, e.g., https://store.steampowered.com/app/250820/SteamVR/ (last accessed May 10, 2023);
https://help.steampowered.com/en/faqs/view/105E-66E3-962A-1577 (last accessed May 10, 2023).
36
See https://store.steampowered.com/app/323910/SteamVR_Performance_Test/ (last accessed May 10, 2023).
28

COMPLAINT11

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 13 of 77

50.

1

For example, Valve provides a SteamVR Performance Test application that2

determines whether the Steam Host PC is “VR Ready.”37 For machines that are not “VR Ready”

3

the tool can help determine whether capabilities are bound by Graphics Card, CPU, or both:38

4
5
6
7
8
9
10
11
12
13

51.

Further, running games in SteamVR takes control over the Steam Host PC. For

14

example, wearing the headset physically precludes users from using the Steam Host PC for15

anything other than the Accused VR Instrumentalities. Further, running games in SteamVR runs

16

in full screen mode on the Steam Host PC, preventing users from running anything other than the17

Accused VR Instrumentalities. For example, the figure below is a screenshot taken from a Steam18

Host PC while testing this functionality. This figure highlights the SteamVR application with a19green box and shows the Moondust39 game running in full screen mode on the Steam Host PC:

20
21
22
23
24
25
26
27

37

See https://store.steampowered.com/app/323910/SteamVR_Performance_Test/ (last accessed May 10, 2023).
See https://store.steampowered.com/app/323910/SteamVR_Performance_Test/ (last accessed May 10, 2023).
39
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
38

COMPLAINT12FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 14 of 77

1
2
3
4
5
6
7
8
9
52.

10

In addition to generating revenue from the sale of each Steam Deck or Valve Index,

11

Valve generates or plans to generate revenue in various ways from the Accused Handheld

12

Instrumentalities and Accused VR Instrumentalities after each Steam Deck and/or Valve Index

13

unit is sold, including for example and without limitation, by realizing a financial benefit from

14

games and applications sold on the Steam platform,40 and collecting a percentage of sales of virtual

15

assets sold through the Accused Handheld Instrumentalities and Accused VR Instrumentalities.41

16

FIRST CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’260 PATENT)

17
18
19
20
21
22

53.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

54.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 1, of the ’260 patent in violation of
35 U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District
and in the United States certain products including, but not limited to those, relating to the Accused
VR Instrumentalities.

23
24
25
26
27

40

See https://www.protocol.com/bulletins/valve-defends-30-percent-commission (last accessed May 10, 2023);
https://www.theverge.com/21445923/platform-fees-apps-games-business-marketplace-apple-google (last accessed
May 10, 2023).
41
See https://partner.steamgames.com/doc/features/microtransactions (last accessed May 10, 2023);
https://steamcommunity.com/discussions/forum/7/4329623982991246741/ (last accessed May 10, 2023).

COMPLAINT13FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 15 of 77

55.

1
2

Claim 1 of the ’260 patent provides:
1. A computer-readable medium having instructions, theinstructions including instructions that cause a processor to:

3[1A] detect a first pressure on a first input device;

4[1B] provide a first tactile sensation to the first input device, the firsttactile sensation based at least in part on the first pressure;

56[1C] detect a second pressure on the first input device, the secondpressure greater than the first pressure; and7[1D] provide a second tactile sensation to the first input device, thesecond tactile sensation based at least in part on the second pressure;8910[1E] detect a third pressure on the first input device, the thirdpressure greater than the second pressure; and11[1F] provide a third tactile sensation to the first input device.

12
13

56.

Based on publicly available information, Valve’s Accused VR Instrumentalities

meet all elements of at least claim 1 of the ’260 patent.

14

57.

Regarding the preamble of claim 1, to the extent the preamble is determined to be15

limiting, the Accused VR Instrumentalities provide the features described in the preamble, which

16

recites “[a] computer-readable medium having instructions, the instructions including instructions

17

that cause a processor to” perform the claimed steps. For example, Valve specifies certain

18

minimum system specifications, including processor requirements:42

19
20
21
22
23
24
25
26
27

42

See https://help.steampowered.com/en/faqs/view/105E-66E3-962A-1577 (last accessed May 10, 2023).

COMPLAINT14FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 16 of 77

58.

1

Further, Valve’s SteamVR supports multiple engines, including the Unity Engine,43

2

the Unreal Engine,44 and the proprietary Source 2 Engine, through multiple SDKs such as

3

OpenVR45 and OpenXR46 to implement applications and games.
59.

4

As one example, OpenVR is divided into two layers: application and driver. Valve5

documentation notes that, “One real-world example of an application is a game engine like6

Unity.”47 Further, “OpenVR for application talks to SteamVR. SteamVR then talks to OpenVR

7driver.”48

860.

As another example, Valve provides the Steam Input API, which is a flexible

9

action-based API that supports all major controller types.49 This API includes member functions,10such as, TriggerHapticPulse, that “[t]riggers a (low-level) haptic pulse on supported

11

controllers.”50

12

61.

Accordingly, the Accused VR Instrumentalities meet the preamble of claim 1.

13

62.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

14

performs the claimed step under Valve’s control for Valve’s benefit.
63.

15Limitation 1A requires causing the processor to “detect a first pressure on a first16

input device.” The Accused VR Instrumentalities perform this step. Users operate the Valve Index

17

with two controllers, each of which is an example of an input device. For example in Moondust,51

18

which demonstrates the technical capabilities of the Valve Index controllers (also known as

19

Knuckles), users “[c]rush moon rocks to a fine powder with your powerful hands, taking advantage

20
43

21
22
23
24
25
26
27

See https://valvesoftware.github.io/steamvr_unity_plugin/ (last accessed May 10, 2023);
https://github.com/ValveSoftware/unity-xr-plugin (last accessed May 10, 2023).
44
See https://github.com/ValveSoftware/steamvr_unreal_plugin (last accessed May 10, 2023).
45
See https://help.steampowered.com/en/faqs/view/46C3-050A-2E52-12D6 (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
46
See https://github.com/ValveSoftware/OpenXR-Canonical-Pose-Tool (last accessed May 10, 2023);
https://github.com/ValveSoftware/openxr_engine_plugins (last accessed May 10, 2023).
47
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
48
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
49
See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
50
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).
51
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT15FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 17 of 77

1of the high-fidelity force sensors on Knuckles.”52 The “source code and assets” for Moondust are2

publicly available.53 This project uses Unity and “the new SteamVR Input System.”54 Inside of the3

script MoonRock.cs, the Update() method contains the following line that gets a value for4

the user’s grip squeeze:55

5
6
7
8

64.

Further, the figure below is a screenshot taken from a Valve Index while testing

this functionality. As shown below, while recording this interaction, a “Squeeze” bar shows how
much pressure the user applies while squeezing the controller:

9
10
11
12
13
14
15
16
17
18
19
20
21
22

65.

Accordingly, the Accused VR Instrumentalities perform Limitation 1A of claim 1.

66.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
67.

Limitation 1B requires causing the processor to “provide a first tactile sensation to

the first input device, the first tactile sensation based at least in part on the first pressure.” The
Accused VR Instrumentalities perform this step. For example, the “source code and assets” for

23
24
25
26
27

52

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
53
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
54
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
55
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).

COMPLAINT16FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 18 of 77

1

Moondust are publicly available.56 This project uses Unity and “the new SteamVR Input System.”57

2

Inside of the script MoonRock.cs, the Update() method contains the following line that gets3

a value for the user’s grip squeeze, which is an example of the first pressure:58

4
5
6

68.

Later in the Update() method, the script triggers a tactile sensation, for example

a haptic pulse, based on this squeeze value:59

7
8
9

69.

Accordingly, the Accused VR Instrumentalities perform Limitation 1B of claim 1.

10

70.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

11

performs the claimed step under Valve’s control for Valve’s benefit.

12

71.

Limitation 1C requires causing the processor to “detect a second pressure on the13

first input device, the second pressure greater than the first pressure.” The Accused VR

14

Instrumentalities perform this step. For example in Moondust, users can “[c]rush moon rocks to a15

fine powder with your powerful hands, taking advantage of the high-fidelity force sensors on

16

Knuckles.”60 The figure below is a screenshot taken from a Valve Index while testing this17functionality, and shows an example of a second pressure greater than the first pressure. As shown18

below, while recording this interaction, a “Squeeze” bar shows a greater pressure than illustrated

19

under Limitation 1A that users can apply while squeezing the controller before crushing the rock:

20
21
22
23
24
25
26
27

56

See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
58
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).
59
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs. (last accessed May
10, 2023).
60
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
57

COMPLAINT17

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 19 of 77

1
2
3
4
5
6
7
8

72.

Accordingly, the Accused VR Instrumentalities perform Limitation 1C of claim 1.

973.

Valve makes and sells the Accused VR Instrumentalities, with which Valve10

performs the claimed step under Valve’s control for Valve’s benefit.

11

74.

Limitation 1D requires causing the processor to “provide a second tactile sensation12

to the first input device, the second tactile sensation based at least in part on the second pressure.”

13

The Valve Index provides a tactile sensation in response to, for example, the functionality shown

14

under Limitation 1C. (See Limitation 1B for a more detailed explanation of how the Accused VR

15

Instrumentalities provide a second tactile sensation based at least in part on the second pressure.)

16

75.

Accordingly, the Accused VR Instrumentalities perform Limitation 1D of claim 1.

17

76.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

18

performs the claimed step under Valve’s control for Valve’s benefit.

19

77.

Limitation 1E requires causing the processor to “detect a third pressure on the first20

input device, the third pressure greater than the second pressure.” The Accused VR

21

Instrumentalities perform this step. For example in Moondust, users can “[c]rush moon rocks to a22

fine powder with your powerful hands, taking advantage of the high-fidelity force sensors on

23

Knuckles.”61 The figure below is a screenshot taken from a Valve Index while testing this24functionality, and shows an example of a third pressure greater than the second pressure. As shown

25
26
27

61

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT18

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 20 of 77

1

below, while recording this interaction, a “Squeeze” bar shows a greater pressure than illustrated

2

under Limitations 1A and 1C that users can apply while squeezing the controller before crushing3

the rock:

4
5
6
7
8
9
10
11

78.

Accordingly, the Accused VR Instrumentalities perform Limitation 1E of claim 1.

12

79.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

13
14

performs the claimed step under Valve’s control for Valve’s benefit.
80.

Limitation 1F requires causing the processor to “provide a third tactile sensation to15

the first input device.” The Valve Index provides a tactile sensation in response to, for example,

16

the functionality shown under Limitation 1E. (See Limitation 1B for a more detailed explanation

17of how the Accused VR Instrumentalities provide a third tactile sensation.)

18

81.

Accordingly, the Accused VR Instrumentalities perform Limitation 1F of claim 1.

19

82.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

20
21

performs the claimed step under Valve’s control for Valve’s benefit.
83.

Thus, Valve directly infringes at least claim 1 of the ’260 patent. For example, the22

Accused VR Instrumentalities with which Valve performs all the of the claimed steps as described

23

in the examples above are under Valve’s control for Valve’s benefit.

24

84.

On information and belief, Valve has taken active steps to induce infringement of

25

at least claim 1 of the ’260 patent by its users, knowing that these steps will induce, encourage,26

and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps

27

COMPLAINT19

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 21 of 77

1

include, but are not limited to, providing its users with instructions on the use of the above-2

described features.62

385.

By way of at least this Complaint, Valve knows of the ’260 patent and performs

4

acts that it knows, or should know, induce the direct infringement of claim 1 of the ’260 patent by

5

users of the Accused VR Instrumentalities. Valve is thus also indirectly liable for infringement of

6

at least claim 1 of the ’260 patent under 35 U.S.C. § 271(b).

7

SECOND CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’507 PATENT)

8
9
10
11
12
13
14

86.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

87.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 1 of the ’507 patent in violation of 35
U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District
and in the United States certain products including, but not limited to those, relating to the Accused
Handheld Instrumentalities and Accused VR Instrumentalities.
88.

15[Preamble] A method comprising:16[1A] receiving contact data from an input device;

17[1B] determining an interaction with a displayed object on a screen
based on the contact data;

18
19[1C] responsive to determining the interaction, determining a
gesture based on the contact data comprising:20

determining a pressure and a change in pressure based on thecontact data, and

21
22
23
24
25
26
27

Claim 1 of the ’507 patent provides:

62

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT20FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 22 of 77

1

determining a press if:2

the pressure is greater than a pressure threshold,3

the change in pressure is greater than a change inpressure threshold, and4

a first interval has elapsed; and5[1D] responsive to determining the gesture, outputting a haptic
effect.

6
7

89.

Based

on

publicly

available

information,

Valve’s

AccusedHandheld

8

Instrumentalities and Accused VR Instrumentalities meet all elements of at least claim 1 of the

9’507 patent.

10

90.

Regarding the preamble of claim 1, to the extent the preamble is determined to be

11

limiting, the Accused Handheld Instrumentalities and Accused VR Instrumentalities perform the12claimed method. For example, Valve’s SteamVR supports multiple engines, including the Unity

13

Engine, the Unreal Engine, and the proprietary Source 2 Engine, through multiple SDKs such as

14

OpenVR and OpenXR to implement applications and games.

15

91.

As one example, OpenVR is divided into two layers: application and driver. Valve16

documentation notes that, “One real-world example of an application is a game engine like Unity.”

17

63

18

Further, “OpenVR for application talks to SteamVR. SteamVR then talks to OpenVR driver.”64
92.

As another example, Valve provides the Steam Input API, which is a flexible

19

action-based API that supports all major controller types.65 This API includes member functions,20

such as, TriggerHapticPulse, that “[t]riggers a (low-level) haptic pulse on supported

21

controllers.”66

22
23

93.

Accordingly, the Accused Handheld Instrumentalities and Accused VR

Instrumentalities meet the preamble of claim 1.

24
25
26
27

63

See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
65
See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
66
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).
64

COMPLAINT21

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 23 of 77

94.

1

Valve makes and sells the Accused Handheld Instrumentalities and Accused VR

2

Instrumentalities, with which Valve performs the claimed step under Valve’s control for Valve’s

3

benefit.
95.

4

Limitation 1A requires “receiving contact data from an input device.” The Accused5

Handheld Instrumentalities and Accused VR Instrumentalities perform this step. Users operate the6

Valve Index with two controllers, each of which is an example of an input device that receives

7

contact data. For example in Moondust,67 which demonstrates the technical capabilities of the8

Valve Index controllers (also known as Knuckles), users “[c]rush moon rocks to a fine powder

9with your powerful hands, taking advantage of the high-fidelity force sensors on Knuckles.”68 The

10“source code and assets” for Moondust are publicly available.69 This project uses Unity and “the11

new SteamVR Input System.”70 Inside of the script MoonRock.cs, the Update() method

12

contains the following line that gets a value for the user’s grip squeeze:71

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

67

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
68
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/. (last accessed May 10,2023).
69
See https://github.com/ValveSoftware/Moondust. (last accessed May 10, 2023).
70
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
71
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).

COMPLAINT22FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 24 of 77

1
2

96.

As another example in the Accused Handheld Instrumentalities, pressing the Steam

Deck’s “Steam” button allows for configuring settings:

3
4
5
6
7
8
9
10
11

97.

This menu allows users to “Test Device Inputs”:

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

COMPLAINT23

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 25 of 77

98.

1
2

The resulting interface shows various examples of input devices that receive contact

data, and shows the “Right Trackpad Click Pressure”:

3
4
5
6
7
8
9
10
11
12

99.

Accordingly, the Accused Handheld Instrumentalities and Accused VR

Instrumentalities perform Limitation 1A of claim 1.

13

100.

Valve makes and sells the Accused Handheld Instrumentalities and Accused VR

14

Instrumentalities, with which Valve performs the claimed step under Valve’s control for Valve’s

15

benefit.

16

101.

Limitation 1B requires “determining an interaction with a displayed object on a17

screen based on the contact data.” The Accused Handheld Instrumentalities and Accused VR

18

Instrumentalities perform this step. For example, in Moondust,72 users “[c]rush moon rocks to a19

fine powder with your powerful hands, taking advantage of the high-fidelity force sensors on

20

Knuckles.”73 The figure below is a screenshot taken from a Valve Index while testing this21functionality. It shows an example of an interaction with a displayed object based on contact data.

22

In addition, as shown below, while recording this interaction, a “Squeeze” bar shows how much

23

pressure the user applies while squeezing the controller:

24
25
26
27

72

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
73
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT24

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 26 of 77

1
2
3
4
5
6
7
102.

8

As another example, while in Desktop Mode on a Steam Deck, users can move the9mouse cursor with the right trackpad, thus showing an example of an interaction with a displayed

10

object based on contact data. Hovering over an icon causes that icon to highlight with an outlined

11

box:

12
13
14
15
16
17
18
19
20
21

103.

Accordingly, the Accused Handheld Instrumentalities and Accused VR

Instrumentalities perform Limitation 1B of claim 1.
104.

Valve makes and sells the Accused Handheld Instrumentalities and Accused VR

22

Instrumentalities, with which Valve performs the claimed step under Valve’s control for Valve’s

23

benefit.

24

105.

Limitation 1C requires “responsive to determining the interaction, determining a

25

gesture based on the contact data comprising: determining a pressure and a change in pressure

26

based on the contact data, and determining a press if: the pressure is greater than a pressure

27

COMPLAINT25

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 27 of 77

1

threshold, the change in pressure is greater than a change in pressure threshold, and a first interval

2

has elapsed.” The Accused Handheld Instrumentalities and Accused VR Instrumentalities perform

3

this step. For example, in Moondust,74 users “[c]rush moon rocks to a fine powder with your4

powerful hands, taking advantage of the high-fidelity force sensors on Knuckles.”75 The figures5

below are screenshots taken from a Valve Index while testing this functionality. As shown below,

6

while recording this interaction, a “Squeeze” bar shows how much pressure the user applies while

7

squeezing the controller:

8
9
10
11
12
13
14
15

106.

The Accused Handheld Instrumentalities and Accused VR Instrumentalities further

16

perform the step of, “determining a press if: the pressure is greater than a pressure threshold, the17change in pressure is greater than a change in pressure threshold, and a first interval has elapsed.”18

For example, in Moondust, 76 users can continue squeezing the rock as long as the pressure stays

19

below a threshold level, as depicted above. After this interval of time has elapsed, once the pressure

20

passes a threshold the user successfully crushes the rock, which is visually depicted below, along

21

with the highlighting of the “Crush” icon. This functionality indicates that Accused VR

22
23
24
25
26
27

74

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
75
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
76
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT26

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 28 of 77

1

Instrumentalities determine a press if the pressure is greater than a pressure threshold, the change

2

in pressure is greater than a change in pressure threshold, and a first interval has elapsed.

3
4
5
6
7
8
9
10

107.

Further, the “source code and assets” for Moondust are publicly available.77

11

Moondust uses Unity and “the new SteamVR Input System.”78 Inside of the script MoonRock.cs,

12

the Update() method checks to see if the user has crushed the rock. Otherwise, the code further

13

checks to see if the user’s squeeze exceeds the threshold value of 0.3f:79

14
15
16
17
18
19
20
21
22
23
24
25
26
27

77

See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
79
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).
78

COMPLAINT27

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 29 of 77

108.

1
2

Further, the Knuckles bindings file, “bindings_knuckles.json,” includes values forthe crush threshold, which is passed to the “Crush” action shown above:80

3
4
5
6
7
8
9
10
109.

11

As another example in the Accused Handheld Instrumentalities, pressing the Steam

12

Deck’s “Steam” button allows for configuring and viewing the default settings, such as for viewing

13

or editing the default controller layout while in Desktop Mode:

14
15
16
17
18
19
20
21
22
23
24
25
26
27

80

See https://github.com/ValveSoftware/Moondust/blob/master/bindings_knuckles.json (last accessed May 10,2023).

COMPLAINT28

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 30 of 77

1
2
3
4
5
6
7
8
9
10

110.

By default, the “Official Layout” provided by Valve defines the right trackpad

behavior as “As Mouse.” Users can then further view the configuration of the “Left Mouse Click”:

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

COMPLAINT29

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 31 of 77

111.

1
2

The default settings for the Left Mouse Click confirm that the Activation Style of“Simple Threshold” with a “Soft Press Threshold”:

3
4
5
6
7
8
9
10
112.

11

This menu serves as just one example of the “Left Mouse Click” behavior. As a

12

more general example, the effect of this setting can be viewed through the “Test Device Inputs”

13

menu:

14
15
16
17
18
19
20
21
22
23
24
25
26
27

COMPLAINT30FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 32 of 77

1

113.

The resulting interface shows the “Right Trackpad” location and “Right Trackpad

2

Click Pressure”:

3
4
5
6
7
8
9
10
11

114.

For example, users can press the right trackpad, and the “Right Trackpad Click

12

Pressure” will indicate the pressure level. While the pressure is below a threshold, such as the13“Soft Press Threshold,” discussed above, the user will not experience haptics. After an interval of

14time has elapsed, once the pressure passes a threshold the user feels the haptics similar to a mouse15

click. Testing confirms this functionality, indicating that Accused Handheld Instrumentalities

16

determine a press if the pressure is greater than a pressure threshold, the change in pressure is17

greater than a change in pressure threshold, and a first interval has elapsed.

18
19
20

115.

Accordingly, the Accused Handheld Instrumentalities and Accused VR

Instrumentalities perform Limitation 1C of claim 1.
116.

Valve makes and sells the Accused Handheld Instrumentalities and Accused VR

21

Instrumentalities, with which Valve performs the claimed step under Valve’s control for Valve’s

22

benefit.

23

117.

Limitation 1D requires “responsive to determining the gesture, outputting a haptic

24

effect.” The Accused Handheld Instrumentalities and Accused VR Instrumentalities perform this25

step. As one example for the Accused VR Instrumentalities, the “source code and assets” for26
27

COMPLAINT31FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 33 of 77

1

Moondust are publicly available.81 This project uses Unity and the “new SteamVR Input System.”82

2

Inside of the script MoonRock.cs, the Update() method contains the following line that gets3

a value for the user’s grip squeeze:83

4
5
6

118.

Later in the Update() method, the script triggers a haptic pulse based on thissqueeze value:84

7
8
9

119.

As another example in the Accused Handheld Instrumentalities, pressing the10

selected icon discussed in Limitation 1C with the right trackpad results in a left mouse click that

11

outputs a haptic effect, as shown in the settings also discussed in Limitation 1C. Testing on the

12

Steam Deck confirms this functionality:

13
14
15
16
17
18
19
20
21
22

120.

This functionality serves as just one example of the “Left Mouse Click” behavior.

As a more general example, testing confirms similar functionality in the “Test Device Inputs”
menu, as discussed in Limitation 1C.

23
24
25
26
27

81

See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
83
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).
84
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May 10,2023).
82

COMPLAINT32

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 34 of 77

121.

1
2

Accordingly, the Accused Handheld Instrumentalities and Accused VR

Instrumentalities perform Limitation 1D of claim 1.
122.

3

Valve makes and sells the Accused Handheld Instrumentalities and Accused VR

4

Instrumentalities, with which Valve performs the claimed step under Valve’s control for Valve’s

5

benefit.
123.

6

Thus, Valve directly infringes at least claim 1 of the ’507 patent. For example, the7

Accused VR Instrumentalities with which Valve performs all the of the claimed steps as described

8

in the examples above are under Valve’s control for Valve’s benefit.
124.

9

On information and belief, Valve has taken active steps to induce infringement of

10

at least claim 1 of the ’507 patent by its users, knowing that these steps will induce, encourage,

11

and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps

12

include, but are not limited to, providing its users with instructions on the use of the above-13

described features.85

14

125.

By way of at least this Complaint, Valve knows of the ’507 patent and performs

15

acts that it knows, or should know, induce the direct infringement of claim 1 of the ’507 patent by

16

users of the Accused Handheld Instrumentalities and Accused VR Instrumentalities. Valve is thus

17

also indirectly liable for infringement of at least claim 1 of the ’507 patent under18

35 U.S.C. § 271(b).

19

THIRD CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’042 PATENT)

20

126.

21
22
23
24
25
26
27

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

85

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT33

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 35 of 77

127.

1

Valve has infringed and continues to infringe, either literally or under the doctrine2of equivalents, one or more claims, including at least claim 1, of the ’042 patent in violation of 35

3

U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District4

and in the United States certain products including, but not limited to those, relating to the Accused5

Handheld Instrumentalities.
128.

6

Claim 1 of the ’042 patent provides:

7[Preamble] A method comprising:

8[1A] receiving an input signal comprising information associatedwith a manipulation of an input device configured to control aplurality of systems, wherein the input device comprises a touchpad;

910[1B] receiving a detent profile associated with one of the systems,
the detent profile comprising haptic data associated with a virtual
detent; and11
12[1C] generating a vibrotactile signal configured to cause an actuatorto produce a vibrotactile effect to the input device, the vibrotactile
effect comprising the virtual detent.

13
14
15
16

129.

19
20
21

130.

publicly

available

information,

Valve’s

AccusedHandheld

Regarding the preamble of claim 1, to the extent the preamble is determined to belimiting, the Accused Handheld Instrumentalities perform the claimed steps. For example, Valveprovides the Steam Input API, which is a flexible action-based API that supports all major
controller types.86 This API includes member functions that trigger a low-level haptic pulse on
supported controllers.87

22
23

on

Instrumentalities meet all elements of at least claim 1 of the ’042 patent.

17
18

Based

131.

Accordingly, the Accused Handheld Instrumentalities meet the preamble ofclaim 1.

24
25
26
27

86
87

See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).

COMPLAINT34

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 36 of 77

132.

1

Limitation 1A requires “receiving an input signal comprising information2

associated with a manipulation of an input device configured to control a plurality of systems,

3

wherein the input device comprises a touch-pad.” The Accused Handheld Instrumentalities

4

perform this step. For example, the Steam Deck includes multiple exemplary systems, including5

the various modes, games, and menu navigations that can be controlled with a touch-pad. As just6

one example, the Steam Deck can be run in two modes: Gaming Mode and Desktop Mode.88 When

7

turned on, the Steam Deck runs in Gaming Mode, a state dedicated to gaming, where users can

8play the games they have purchased. In Desktop Mode, users can use the Deck as a PC, such as

9by browsing the internet and playing games on Steam. 89

10

133.

11

trackpads:90

Further, the Steam Deck includes multiple touch-pads, including the right and left

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

88

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
90
See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
89

COMPLAINT35

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 37 of 77

1

134.

Further, pressing the Steam button brings up a list of menu items for navigating to2other parts of Steam:91

3
4
5
6
7
8
9
10
11

135.

For example, this menu allows users to “Test Device Inputs”:

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

91

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).

COMPLAINT36

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 38 of 77

136.

1
2

The resulting interface shows the “Left Trackpad” location and “Left Trackpad

Click Pressure,” where the trackpads are examples of touch-pads:

3
4
5
6
7
8
9
10
11

137.

This functionality indicates that the Accused Handheld Instrumentalities receive an

12

input signal comprising information associated with a manipulation of an input device configured

13

to control a plurality of systems, wherein the input device comprises a touch-pad.

14
15

138.
claim 1.

16
17

Accordingly, the Accused Handheld Instrumentalities perform Limitation 1A of

139.

Valve makes and sells the Accused Handheld Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.

18

140.

Limitation 1B requires “receiving a detent profile associated with one of the19

systems, the detent profile comprising haptic data associated with a virtual detent.” The Accused20

Handheld Instrumentalities perform this step. For example, on the Steam Deck, how the trackpad

21

acts in-game “depends significantly on the Behavior that has been assigned.”92 The chart below

22shows “the list of the Behaviors that are available for each control,” including the Trackpads.93

23

Each of these behaviors will have default configurations as set through the controller layout for a24

given game:94

25

92

26
27

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
94
See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
93

COMPLAINT37

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 39 of 77

1
2
3
4
5
6
7
8
9
10
11
12
13
14

141.

Further, the “Steam” button menu allows for configuring the controller layout

settings while in Desktop mode:

15
16
17
18
19
20
21
22
23
24
25
26
27

COMPLAINT38FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 40 of 77

1
2

142.

The default layout assigns the “Scroll Wheel” Behavior to the left trackpad, which

is an example of a detent profile:

3
4
5
6
7
8
9
10
11

143.

Users can further view the default haptic intensity for this behavior:

144.

This functionality indicates that the Accused Handheld Instrumentalities receive a

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

detent profile associated with one of the systems, the detent profile comprising haptic dataassociated with a virtual detent.
145.

Accordingly, the Accused Handheld Instrumentalities perform Limitation 1B ofclaim 1.
146.

Valve makes and sells the Accused Handheld Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
COMPLAINT39FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 41 of 77

1

147.

Limitation 1C requires “generating a vibrotactile signal configured to cause an

2

actuator to produce a vibrotactile effect to the input device, the vibrotactile effect comprising the3

virtual detent.” The Accused Handheld Instrumentalities perform this step. For example, in

4

Desktop Mode on the Steam Deck, using the left track pad acts as a scroll wheel. Testing this5functionality confirms the vibrotactile effects for the “Scroll Wheel” Behavior, which is an

6

example of a virtual detent:

7
8
9
10
11
12
13
14
15
16
17
18

148.

Further, pressing the left trackpad while viewing the user interface that results frompressing “Steam” menu button results in haptics similar to the “Directional Pad” behavior. That is,
touching the top, bottom, left, and right edges of the right trackpad results in navigation and haptic
effects, which is also an example of a virtual detent. Testing this functionality on the Steam Deckconfirms these results.

19
20
21
22
23
24
25
26
27

COMPLAINT40

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 42 of 77

149.

1
2

claim 1.
150.

3
4

Accordingly, the Accused Handheld Instrumentalities perform Limitation 1C of

Valve makes and sells the Accused Handheld Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
151.

5

Thus, Valve directly infringes at least claim 1 of the ’042 patent. For example, the6

Accused Handheld Instrumentalities with which Valve performs all the of the claimed steps as

7

described in the examples above are under Valve’s control for Valve’s benefit.
152.

8

On information and belief, Valve has taken active steps to induce infringement of

9

at least claim 1 of the ’042 patent by its users, knowing that these steps will induce, encourage,10

and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps

11

include, but are not limited to, providing its users with instructions on the use of the above-12

described features.95

13

153.

By way of at least this Complaint, Valve knows of the ’042 patent and performs

14

acts that it knows, or should know, induce the direct infringement of claim 1 of the ’042 patent by

15

users of the Accused Handheld Instrumentalities. Valve is thus also indirectly liable for16

infringement of at least claim 1 of the ’042 patent under 35 U.S.C. § 271(b).

17

FOURTH CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’546 PATENT)

18
19
20
21
22
23
24
25
26
27

154.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

155.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 5 of the ’546 patent in violation of

95

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT41

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 43 of 77

1

35 U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District2

and in the United States certain products including, but not limited to those, relating to the Accused

3

VR Instrumentalities.

4

156.

5

[Preamble]. A computer-implemented method for generating a
haptic effect, the computer-implemented method comprising:

6[5A] receiving input from a sensor, wherein the input comprises
extra-sensory information, wherein the input further comprises one
or more interaction parameters, and wherein each interaction
parameter comprises a value;

789[5B] mapping the received input to a haptic signal; and10[5C] sending the haptic signal to an actuator to generate the haptic
effect;11[5D] the mapping the received input to the haptic signal further
comprising modulating the haptic signal when new input is received,
wherein the new received input comprises an update of at least one
value of at least one interaction parameter of the received input; and

12
13
14

[5E] the sending the haptic signal to the actuator to generate thehaptic effect further comprising sending the modulated haptic signal
to the actuator to modulate the generated haptic effect.

15
16
157.

17
18

Claim 5 of the ’546 patent provides:

Based on publicly available information, Valve’s Accused VR Instrumentalities

meet all elements of at least claim 5 of the ’546 patent.
158.

19

Regarding the preamble of claim 5, to the extent the preamble is determined to be20

limiting, the Accused VR Instrumentalities provide the features described in the preamble, which

21

recites “computer-implemented method for generating a haptic effect” comprising the claimed

22

steps. For example, SteamVR Tracking is a “hardware/software solution” developed “in-house at23

Valve” that “lets devices know in realtime where they are, within a room”:96

24
25
26
27

96

See https://partner.steamgames.com/vrlicensing (last accessed May 10, 2023).

COMPLAINT42

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 44 of 77

1
2
3
4

159.

SteamVR Tracking has three main components, including a “host,” meaning a PC,

5

that “[i]ntegrates 3D positional information from multiple devices” and includes the SteamVR

6

API:97

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

160.

The SteamVR API includes methods that “[t]rigger a single haptic pulse on acontroller.”98 Further, Valve’s SteamVR supports multiple engines, including the Unity Engine,99
the Unreal Engine,100 and the proprietary Source 2 Engine, through multiple SDKs such as
OpenVR101 and OpenXR102 to implement applications and games.
161.

As one example, OpenVR is divided into two layers: application and driver. Valvedocumentation notes that, “One real-world example of an application is a game engine like
Unity.”103 Further, “OpenVR for application talks to SteamVR. SteamVR then talks to OpenVR
driver.”10497

See https://partner.steamgames.com/vrlicensing (last accessed May 10, 2023).
See https://github.com/ValveSoftware/openvr/wiki/IVRSystem::TriggerHapticPulse (last accessed May 10, 2023).
99
See https://valvesoftware.github.io/steamvr_unity_plugin/; https://github.com/ValveSoftware/unity-xr-plugin (lastaccessed May 10, 2023).
100
See https://github.com/ValveSoftware/steamvr_unreal_plugin (last accessed May 10, 2023).
101
See https://help.steampowered.com/en/faqs/view/46C3-050A-2E52-12D6 (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
102
See https://github.com/ValveSoftware/OpenXR-Canonical-Pose-Tool (last accessed May 10, 2023);
https://github.com/ValveSoftware/openxr_engine_plugins (last accessed May 10, 2023).
103
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
104
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
98

COMPLAINT43FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 45 of 77

162.

1

As another example, Valve provides the Steam Input API, which is a flexible

2

action-based API that supports all major controller types.105 This API includes member functions,3such as, TriggerHapticPulse, that “[t]riggers a (low-level) haptic pulse on supported

4

controllers.”106

5

163.

Accordingly, the Accused VR Instrumentalities meet the preamble of claim 5.

6

164.

Limitation 5A requires “receiving input from a sensor, wherein the input comprises

7

extra-sensory information, wherein the input further comprises one or more interaction parameters,

8

and wherein each interaction parameter comprises a value.” The Accused VR Instrumentalities

9

perform this step. For example, SteamVR tracking has three main components, including a base10

station, sensors on tracked objects, and a host:107

11
12
13
14
15
16
165.

17

Further, the Accused VR Instrumentalities perform the step of “receiving input

18

from a sensor, wherein the input comprises extra-sensory information.” For example, the SteamVR

19

Tracking Base stations sweep the room with “sync pulses and laser lines” to “find the location of

20
21
22
23
24
25
26
27

105

See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).
107
See https://partner.steamgames.com/vrlicensing (last accessed May 10, 2023).
106

COMPLAINT44

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 46 of 77

1each sensor within a fraction of a millimeter,” which are examples of a sensor receiving input that2

comprises extra-sensory information:

3
4
5
6
7
8
9
166.

10

Moreover, the SteamVR API includes methods that provide this controller pose11

information, which is just one example that demonstrates how the Accused VR Instrumentalities

12

receives input from a sensor. One such example method includes GetControllerState:108

13
14
15
16
17
18
19
20
21
22
23

167.

As just one additional example, in Moondust,109 which demonstrates the technical24

capabilities of the Valve Index controllers (also known as Knuckles), users “[c]rush moon rocks

25

108

26
27

See https://github.com/ValveSoftware/openvr/wiki/IVRSystem::GetControllerState (last accessed May 10, 2023).
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
109

COMPLAINT45

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 47 of 77

1

to a fine powder with your powerful hands, taking advantage of the high-fidelity force sensors on

2

Knuckles.”110 The “source code and assets” for Moondust are publicly available.111 This project3

uses Unity and “the new SteamVR Input System.”112 Inside of the script MoonRock.cs, the4Update() method contains the following line that gets a value for the user’s grip squeeze, which

5

indicates that the Accused VR Instrumentalities receive input further comprised of one or more

6interaction parameters, wherein each interaction parameter comprises a value:113

7
8
9
10

13
14
15
16
17

Accordingly, the Accused VR Instrumentalities perform Limitation 5A of claim 5.

169.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.

11
12

168.

170.

Limitation 5B requires “mapping the received input to a haptic signal.” The

Accused VR Instrumentalities perform this step. For example, “the source code and assets” forMoondust are publicly available.114 This project uses Unity and “the new SteamVR Input
System.”115 Inside of the script MoonRock.cs, the Update() method contains the following
line that inputs the user’s “squeeze” value as a parameter to TriggerHapticPulse through alinear interpolation,116 which is just one example for how the Accused VR Instrumentalities map
the received input to a haptic signal:117

18
19
20
21
22
23
24
25
26
27

110

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
111
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
112
See, e.g., https://github.com/ValveSoftware/Moondust; https://youtu.be/qo-9CmcKWlY?t=55 (last accessed May
10, 2023).
113
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
114
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
115
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
116
See https://docs.unity3d.com/ScriptReference/Mathf.Lerp.html (last accessed May 10, 2023).
117
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).

COMPLAINT46

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 48 of 77

1

171.

Accordingly, the Accused VR Instrumentalities perform Limitation 5B of claim 5.

2

172.

Valve makes and sells the Accused VR Instrumentalities, with which Valve3

performs the claimed step under Valve’s control for Valve’s benefit.
173.

4Limitation 5C requires “sending the haptic signal to an actuator to generate the5haptic effect.” The Accused VR Instrumentalities perform this step. For example in Moondust,118

6

users “[c]rush moon rocks to a fine powder with your powerful hands, taking advantage of the7high-fidelity force sensors on Knuckles.”119 As shown below, while recording this interaction, a8“Squeeze” bar shows how much pressure the user applies while squeezing the controller. Testing

9

confirms that this functionality generates haptics effects.

10
11
12
13
14
15
16
17

174.

Further, the Valve Index Controllers include an HD LRA for Haptics actuator:120

18
19
20
21
22
23
24
25
26
27

118

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
119
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
120
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT47

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 49 of 77

1

175.

Accordingly, the Accused VR Instrumentalities perform Limitation 5C of claim 5.

2

176.

Valve makes and sells the Accused VR Instrumentalities, with which Valve3

performs the claimed step under Valve’s control for Valve’s benefit.
177.

4Limitation 5D requires “the mapping the received input to the haptic signal further

5comprising modulating the haptic signal when new input is received, wherein the new received

6

input comprises an update of at least one value of at least one interaction parameter of the received

7

input.” The Accused VR Instrumentalities perform this step. For example in Moondust,121 users

8“[c]rush moon rocks to a fine powder with your powerful hands, taking advantage of the high-9fidelity force sensors on Knuckles.”122 As shown below, while recording this interaction, a10“Squeeze” bar shows how much pressure the user applies while squeezing the controller:

11
12
13
14
15
16
17
18

178.

Further, the Accused VR Instrumentalities perform the step of “modulating the19

haptic signal when new input is received.” For example, the harder the user squeezes, the more

20

haptic effects occur. Inside of the script MoonRock.cs, the Update() method contains the21

following line that updates the value for the user’s grip squeeze:123

22
23
24
25
26
27

121

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
122
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
123
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).

COMPLAINT48

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 50 of 77

179.

1

This updated value is passed as a parameter to TriggerHapticPulse, which

2

is just one example that demonstrates how the Accused VR Instrumentalities modulate the haptic

3

signal when new input is received:124

4
5
6
7
8

11
12

Accordingly, the Accused VR Instrumentalities perform Limitation 5D of claim 5.

181.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
182.

9
10

180.

Limitation 5E requires “the sending the haptic signal to the actuator to generate thehaptic effect further comprising sending the modulated haptic signal to the actuator to modulate
the generated haptic effect.” The Accused VR Instrumentalities perform this step. For example,
the Valve Index Controllers include an HD LRA for Haptics actuator:125

13
14
15
16
17
183.

18

As just one additional example, in Moondust, the harder the user squeezes, the more

19

haptic effects occur. Testing confirms this functionality, which is just one example that the20

Accused VR Instrumentalities send the modulated haptic signal to the actuator to modulate the21

generated haptic effect. Further, Inside of the script MoonRock.cs, the Update() method

22

contains the following line that inputs the user’s “squeeze” value as a parameter to

23
24
25
26
27

124

See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
125
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT49

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 51 of 77

1

TriggerHapticPulse.126 As discussed in Limitation 5D, these calls would include updated

2

values as the user varies their squeeze pressure:

3
4
184.

5
6

modulated haptic signal to the actuator to modulate the generated haptic effect.

7
8
9

12

15
16
17

186.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

Thus, Valve directly infringes at least claim 5 of the ’546 patent. For example, theAccused VR Instrumentalities with which Valve performs all the of the claimed steps as describedin the examples above are under Valve’s control for Valve’s benefit.
188.

On information and belief, Valve has taken active steps to induce infringement ofat least claim 5 of the ’546 patent by its users, knowing that these steps will induce, encourage,
and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps
include, but are not limited to, providing its users with instructions on the use of the abovedescribed features.127
189.

18
19

Accordingly, the Accused VR Instrumentalities perform Limitation 5E of claim 5.

187.

13
14

185.

performs the claimed step under Valve’s control for Valve’s benefit.

10
11This functionality indicates that the Accused VR Instrumentalities send a

By way of at least this Complaint, Valve knows of the ’546 patent and performs

acts that it knows, or should know, induce the direct infringement of claim 5 of the ’546 patent by

20
21
22
23
24
25
26
27

126

See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
127
See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT50FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 52 of 77

1

users of the Accused VR Instrumentalities. Valve is thus also indirectly liable for infringement of2

at least claim 5 of the ’546 patent under 35 U.S.C. § 271(b).

3

FIFTH CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’907 PATENT)

4
5
6
7
8
9
10

190.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

191.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 1, of the ’907 patent in violation of 35
U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District
and in the United States certain products including, but not limited to those, relating to the Accused
Handheld Instrumentalities.
192.

11

[Preamble] A method for controlling a user input element associatedwith a haptic output device, the method comprising:

12
13[1A] defining position and range information for the user input
element associated with the haptic output device, including a
primary range of positions, a secondary range of positions, and aboundary range of positions, wherein the boundary range of
positions partially overlaps each of the primary range of positions
and the secondary range of positions; and

14
15
16
17

[1B] rendering a haptic effect in response to an entry of the user
input element to one or more positions within the boundary range of
positions.

18
19
20

Claim 1 of the ’907 patent provides:

193.

Based

on

publicly

available

information,

Valve’s

AccusedHandheld

Instrumentalities meet all elements of at least claim 1 of the ’907 patent.

21

194.

Regarding the preamble of claim 1, to the extent the preamble is determined to be22

limiting, the Accused Handheld Instrumentalities provide the features described in the preamble,

23

which recites a “method for controlling a user input element associated with a haptic output

24

device.” For example, the Steam Deck includes analog triggers:128

25
26
27

128

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
FOLIO LAW GROUP PLLC
51

COMPLAINT1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 53 of 77

1
2
3
4
5
6
7
8
9
195.

10
11
12
13

Further, the Accused Handheld Instrumentalities comprise a haptic output device

at least because, for example, Steam Input refers to the collection of software, hardware, andconfiguration utilities that Steam uses to interface with games,129 and the Steam Deck offers “Gamerumble” and “Steam haptics”: 130

14
15
16
17
18
19
20
21
22
196.

23
24

Accordingly, the Accused Handheld Instrumentalities meet the preamble ofclaim 1.

25
26

129
130

27

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).

COMPLAINT52

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 54 of 77

197.

1

Limitation 1A requires “defining position and range information for the user input

2element associated with the haptic output device, including a primary range of positions, a3secondary range of positions, and a boundary range of positions, wherein the boundary range of4

positions partially overlaps each of the primary range of positions and the secondary range of5

positions.” The Accused Handheld Instrumentalities perform this step. For example, the Steam

6

Deck offers the ability to view or edit the analog trigger’s range start and end, which are examples

7of a primary range of positions and a secondary range of positions, as further described below:131

8
9
10
11
198.

12

Further, the figures below are screenshots taken from a Steam Deck while testing

13

this functionality in Counter-Strike: Global Offensive132 (“CSGO”) with the “SteamDeck Official

14

Controls”:

15
16
17
18
19
20
21
22
199.

23
24

CSGO’s SteamDeck Official Controls bind the “Soft Pull” for the right trigger to theaction “Fire”:

25
26
27

131
132

See https://steamcommunity.com/sharedfiles/filedetails/?id=2804823261 (last accessed May 10, 2023).
See https://store.steampowered.com/app/730/CounterStrike_Global_Offensive/ (last accessed May 10, 2023).

COMPLAINT53FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 55 of 77

1
2
3
4
5
6
7
8
9
10
11

200.

Additionally, viewing the settings for the “Right Trigger Behavior” allows forviewing the default “Trigger Range Start” and “Trigger Range End” for the Soft Pull. Testing
confirms this functionality:

12
13
14
15
16
17
18
19
20
21
22

201.

The help text beneath the Trigger Range Start explains that this sets the deadzone

for the analog trigger, where no analog values will be sent when initially pressing the trigger down,
which is just one example of a primary range of positions:

23
24
25
26
27

202.

Further, the help text beneath the Trigger Range Ends explains that this creates adeadzone at the end of the range, where the maximum analog values will be sent once past thispoint, which is just one example of a secondary range of positions:
COMPLAINT54FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 56 of 77

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

203.

The above configurations result in a range of positions between the trigger range

start and end that constitute analog values outside of the trigger’s deadzone. This is just one
example of a boundary range of positions that partially overlaps each of the primary range of
positions and the secondary range of positions.
204.

Accordingly, the Accused Handheld Instrumentalities perform Limitation 1A ofclaim 1.
205.

Valve makes and sells the Accused Handheld Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
206.

Limitation 1B requires “rendering a haptic effect in response to an entry of the user

input element to one or more positions within the boundary range of positions.” The Accused
Handheld Instrumentalities perform this step. For example, testing in CSGO with the configuration
described in Limitation 1A confirms that firing occurred late into the Soft Pull of the right trigger,i.e., upon entry of the user input element within the boundary range of positions. Firing also causes
haptic effects to occur.

17
18
19
20
21
22
23
24
25
26
27

207.

Accordingly, the Accused Handheld Instrumentalities perform Limitation 1B ofclaim 1.
COMPLAINT55

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 57 of 77

208.

1
2

Valve makes and sells the Accused Handheld Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
209.

3

Thus, Valve directly infringes at least claim 1 of the ’907 patent. For example, the4

Accused Handheld Instrumentalities with which Valve performs all the of the claimed steps as

5

described in the examples above are under Valve’s control for Valve’s benefit.
210.

6

On information and belief, Valve has taken active steps to induce infringement of

7

at least claim 1 of the ’907 patent by its users, knowing that these steps will induce, encourage,

8

and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps

9

include, but are not limited to, providing its users with instructions on the use of the above-10

described features.133

11

211.

By way of at least this Complaint, Valve knows of the ’907 patent and performs

12

acts that it knows, or should know, induce the direct infringement of claim 1 of the ’907 patent by

13

users of the Accused Handheld Instrumentalities. Valve is thus also indirectly liable for

14

infringement of at least claim 1 of the ’907 patent under 35 U.S.C. § 271(b).

15

SIXTH CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’067 PATENT)

16
17
18
19
20

212.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

213.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 11 of the ’067 patent in violation of
35 U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District

21
22
23
24
25
26
27

133

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT56

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 58 of 77

1

and in the United States certain products including, but not limited to those, relating to the Accused

2

VR Instrumentalities.

3

214.

Claim 11 of the ’067 patent provides:

4[Preamble] A method comprising:5[11A] determining a modified visual effect based in part on data
received from a sensor;

6[11B] determining a haptic effect based in part on data received fromthe sensor;

78[11C] transmitting a display signal associated with the modified
visual effect to a display, the modified visual effect being displayedon a surface of a proxy object via the display, the proxy object
comprising one or more haptic output devices;

910[11D] transmitting a haptic signal associated with the haptic effectto the one or more haptic output devices; and1112[11E] outputting the haptic effect using the one or more haptic
output devices.

13
215.

14
15

Based on publicly available information, Valve’s Accused VR Instrumentalities

meet all elements of at least claim 11 of the ’067 patent.
216.

16

Regarding the preamble of claim 11, to the extent the preamble is determined to be17

limiting, the Accused VR Instrumentalities perform the claimed method. For example, Valve’s

18

SteamVR supports multiple engines, including the Unity Engine, the Unreal Engine, and the19

proprietary Source 2 Engine, through multiple SDKs such as OpenVR and OpenXR to implement

20

applications and games.
217.

21

As one example, OpenVR is divided into two layers: application and driver. Valve22

documentation notes that, “One real-world example of an application is a game engine like Unity.”

23

134

Further, “OpenVR for application talks to SteamVR. SteamVR then talks to OpenVR driver.”135

134

See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).

24
25
26
27

135

COMPLAINT57

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 59 of 77

218.

1

As another example, Valve provides the Steam Input API, which is a flexible

2

action-based API that supports all major controller types.136 This API includes member functions,3such as, TriggerHapticPulse, that “[t]riggers a (low-level) haptic pulse on supported

4

controllers.”137

5

219.

Accordingly, the Accused VR Instrumentalities meet the preamble of claim 11.

6

220.

Limitation 11A requires “determining a modified visual effect based in part on data

7

received from a sensor.” The Accused VR Instrumentalities perform this step. For example, the8

Skeletal Input system allows drivers for each type of controller to provide applications with an

9animated skeleton of the user’s hand to the best level of fidelity that its sensors are able to detect.

10

Skeletal data can be bound to input actions, just like other input:138

11
12
13
14
221.

15
16

Additionally, Valve further provides two ranges of motion with different visual

effects, WithController and WithoutController:

17
18
19
20
21
22
23
24
25
26
27

136

See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).
138
See https://github.com/ValveSoftware/openvr/wiki/SteamVR-Skeletal-Input (last accessed May 10, 2023).
137

COMPLAINT58

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 60 of 77

1
2
3
4
5
6
7
8
222.

9
10

Further, the Valve Index controllers provide the “Partial” level of fidelity thatmeasures finger curl:139

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

223.

Accordingly, the Accused VR Instrumentalities perform Limitation 11A ofclaim 11.
224.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
225.

Limitation 11B requires “determining a haptic effect based in part on data received

from the sensor.” The Accused VR Instrumentalities perform this step. As just one example, in
Moondust,140 which demonstrates the technical capabilities of the Valve Index controllers (also139

See https://valvesoftware.github.io/steamvr_unity_plugin/articles/Skeleton-Input.html (last accessed May 10,2023).
140
See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT59

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 61 of 77

1

known as Knuckles), users “[c]rush moon rocks to a fine powder with your powerful hands, taking

2advantage of the high-fidelity force sensors on Knuckles.”141 The “source code and assets” for3

Moondust are publicly available.142 This project uses Unity and the “new SteamVR Input

4

System.”143 On information and belief, inside of the script MoonRock.cs, the Update()5

method contains the following line that gets the value for the user’s grip squeeze:144

6
7
8
9
10

226.

Further, the Update() method contains the following subsequent line that inputs

the user’s “squeeze” value as a parameter to TriggerHapticPulse,145 indicating that the
Accused VR Instrumentalities determine a haptic effect based in part on data received from thegrip sensor:

11
12
227.

13
14

claim 11.
228.

15
16

Accordingly, the Accused VR Instrumentalities perform Limitation 11B ofValve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
229.

17

Limitation 11C requires “transmitting a display signal associated with the modified

18

visual effect to a display, the modified visual effect being displayed on a surface of a proxy object

19

via the display, the proxy object comprising one or more haptic output devices.” The Accused VR

20

Instrumentalities perform this step. For example, the Valve Index Controllers include an HD LRA

21

for Haptics:146

22
23
24
25
26
27

141

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).
142
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
143
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
144
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
145
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
146
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT60

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 62 of 77

1
2
3
4
5
6
230.

7

Further, in Moondust, users “[c]rush moon rocks to a fine powder with your8

powerful hands, taking advantage of the high-fidelity force sensors on Knuckles.”147 As shown9

below, Moondust displays virtual hands over the physical controllers. As discussed in Limitation

10

11A, these virtual hands are just one example of modified visual effects. These virtual hands are11

displayed on the surface of the user’s controllers, which are examples of a proxy object comprising12

one or more haptic output devices:

13
14
15
16
17
18
19
231.

20
21

claim 11.
232.

22
23

Accordingly, the Accused VR Instrumentalities perform Limitation 11C of

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.

24
25
26
27

147

See https://store.steampowered.com/app/887260/Moondust_Knuckles_Tech_Demos/ (last accessed May 10,2023).

COMPLAINT61

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 63 of 77

233.

1

Limitation 11D requires “transmitting a haptic signal associated with the haptic

2effect to the one or more haptic output devices.” The Accused VR Instrumentalities perform this3

step. For example, the Valve Index Controllers include an HD LRA for Haptics:148

4
5
6
7
8
9
234.

10
11
12
13

Further, the “source code and assets” for Moondust are publicly available. 149 This

project uses Unity and “the new SteamVR Input System.”150 Inside of the script MoonRock.cs,
the Update() method contains the following line that inputs the user’s “squeeze” value as aparameter to TriggerHapticPulse:151

14
15
16

235.

perform Limitation 11D of claim 11.

17
18

236.

21

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.

19
20

Testing confirms this functionality. Accordingly, the Accused VR Instrumentalities

237.

Limitation 11E requires “outputting the haptic effect using the one or more haptic

output devices.” The Accused VR Instrumentalities perform this step. For example, testing on a
Valve Index confirms haptic effects during the use case described in Limitation 11C.

22
23
24
25
26
27

148

See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
150
See https://github.com/ValveSoftware/Moondust (last accessed May 10, 2023).
151
See https://github.com/ValveSoftware/Moondust/blob/master/Assets/Scripts/MoonRock.cs (last accessed May
10, 2023).
149

COMPLAINT62

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 64 of 77

238.

1
2

claim 11.
239.

3
4

Accordingly, the Accused VR Instrumentalities perform Limitation 11E ofValve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
240.

5Thus, Valve directly infringes at least claim 11 of the ’067 patent. For example, the6

Accused VR Instrumentalities with which Valve performs all the of the claimed steps as described

7

in the examples above are under Valve’s control for Valve’s benefit.
241.

8

On information and belief, Valve has taken active steps to induce infringement of

9

at least claim 11 of the ’067 patent by its users, knowing that these steps will induce, encourage,10

and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps

11

include, but are not limited to, providing its users with instructions on the use of the above-12

described features.152

13

242.

By way of at least this Complaint, Valve knows of the ’067 patent and performs

14

acts that it knows, or should know, induce the direct infringement of claim 11 of the ’067 patent15

by users of the Accused VR Instrumentalities. Valve is thus also indirectly liable for infringement

16

of at least claim 11 of the ’067 patent under 35 U.S.C. § 271(b).

17

SEVENTH CAUSE OF ACTION(PATENT INFRINGEMENT UNDER 35 U.S.C. § 271 OF THE ’738 PATENT)

18
19
20
21
22
23
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25
26
27

243.

Immersion re-alleges and incorporates by reference all of the foregoing paragraphs.

244.

Valve has infringed and continues to infringe, either literally or under the doctrineof equivalents, one or more claims, including at least claim 15 of the ’738 patent in violation of

152

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT63

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 65 of 77

1

35 U.S.C. § 271, et seq., directly and/or indirectly, by using and/or inducing the use in this District2

and in the United States certain products including, but not limited to those, relating to the Accused

3

VR Instrumentalities.

4

245.

Claim 15 of the ’738 patent provides:

5[Preamble] A method comprising:

6[15A] detecting, by a proximity sensor, a non-contact interaction
with a touch-sensitive device;

7[15B] detecting, by a touch sensor, a touch on the touch-sensitive
device;89[15C] transmitting a first sensor signal associated with the noncontact interaction to a processor;

10[15D] transmitting a second sensor signal associated with the touch
to a processor;

1112[15E] receiving, by the processor, the first and second sensor
signals;

13[15F] generating, by the processor, a haptic output signal based atleast in part on the first and second sensor signals;

1415[15G] transmitting, by the processor, the haptic output signal to ahaptic output device; and16[15H] outputting, by the haptic output device, a haptic effect in
response to the haptic output signal.

17
18
19
20
21
22
23

246.

Based on publicly available information, Valve’s Accused VR Instrumentalities

meet all elements of at least claim 15 of the ’738 patent.
247.

Regarding the preamble of claim 15, to the extent the preamble is determined to belimiting, the Accused VR Instrumentalities perform the claimed method. For example, Valve’s
SteamVR supports multiple engines, including the Unity Engine,153 the Unreal Engine,154 and the

24
25
26
27

153

See https://valvesoftware.github.io/steamvr_unity_plugin/; https://github.com/ValveSoftware/unity-xr-plugin(last accessed May 10, 2023).
154
See https://github.com/ValveSoftware/steamvr_unreal_plugin (last accessed May 10, 2023).

COMPLAINT64

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 66 of 77

1

proprietary Source 2 Engine, through multiple SDKs such as OpenVR155 and OpenXR156 to2

implement applications and games.
248.

3

As one example, OpenVR is divided into two layers: application and driver. Valve4

documentation notes that, “One real-world example of an application is a game engine like5

Unity.”157 Further, “OpenVR for application talks to SteamVR. SteamVR then talks to OpenVR

6driver.”158249.

7

As another example, Valve provides the Steam Input API, which is a flexible

8

action-based API that supports all major controller types.159 This API includes member functions,9such as, TriggerHapticPulse, that “[t]riggers a (low-level) haptic pulse on supported

10

controllers.”160

11

250.

Accordingly, the Accused VR Instrumentalities meet the preamble of claim 15.

12

251.

Limitation 15A requires “detecting, by a proximity sensor, a non-contact

13

interaction with a touch-sensitive device.” The Accused VR Instrumentalities perform this step.

14

For example Valve Index Controllers, also known as Knuckles,161 use sensors to track finger

15

position:162

16
17
18
19
20
21
22
23
24
25
26
27

155

See https://help.steampowered.com/en/faqs/view/46C3-050A-2E52-12D6 (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
156
See https://github.com/ValveSoftware/OpenXR-Canonical-Pose-Tool (last accessed May 10, 2023);
https://github.com/ValveSoftware/openxr_engine_plugins (last accessed May 10, 2023).
157
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
158
See https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023).
159
See https://partner.steamgames.com/doc/api/isteaminput (last accessed May 10, 2023).
160
See https://partner.steamgames.com/doc/api/isteaminput#functions (last accessed May 10, 2023).
161
See https://www.ifixit.com/Device/Valve_Index_Controller (last accessed May 10, 2023).
162
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT65

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 67 of 77

1
2
3
4
5
6
7
252.

8
9
10
11

Further, Valve documentation notes that, “[t]o read controller input state,applications provide a list of the ‘actions’ that represent the operations a user can perform.
SteamVR then binds those actions to actual inputs on a game/vr controller,” or the specific input
for the specific device the user is using:163

12
13
14
15
253.

16
17
18

Additionally, the Skeletal Input system allows drivers for each type of controller toprovide applications with an animated skeleton of the user’s hand to the best level of fidelity thatits sensors are able to detect. Skeletal data can be bound to input actions, just like other input:164

19
20
21
22
23
24
25
26
27

163

See https://github.com/ValveSoftware/openvr/wiki/SteamVR-Input#input-overview (last accessed May 10,2023).
164
See https://github.com/ValveSoftware/openvr/wiki/SteamVR-Skeletal-Input (last accessed May 10, 2023).

COMPLAINT66

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 68 of 77

254.

1
2

For example, the Valve Index controllers provide the “Partial” level of fidelity thatmeasures finger curl:165

3
4
5
6
7
8
9
10
11

255.

Further, SteamVR Skeleton Input provides an API to get per joint data for all ofthese different types of devices.166 For example, this API can provide curl information for the index
finger:167

12
13
14
15
16
17
18
19
20
21
22
23
165

24
25
26
27

See https://valvesoftware.github.io/steamvr_unity_plugin/articles/Skeleton-Input.html (last accessed May 10,2023).
166
See https://valvesoftware.github.io/steamvr_unity_plugin/articles/Skeleton-Input.html (last accessed May 10,2023).
167
See https://valvesoftware.github.io/steamvr_unity_plugin/articles/Skeleton-Input.html#finger-curls (last accessed
May 10, 2023).

COMPLAINT67

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 69 of 77

256.

1

Using the Skeletal Input API requires adding a “skeletal action” entry for each hand2

to the actions section of an application’s action manifest file. Bindings then need to be added for3these actions to each controller:168

4
5
6
7
8
9
10
257.

11

The

Half-Life:

Alyx

installation

includes

json

files

under

“Half-Life

12

Alix/games/hlvr/cfg” that confirm this configuration. For example, the action manifest file,13“actions.json,” includes the following skeletal action entries:

14
15
16
17
18
19

258.

20

these actions:

The Knuckles bindings file, “bindings_knuckles.json,” includes the bindings of

21
22
23
24
25
26
27

168

See https://github.com/ValveSoftware/openvr/wiki/SteamVR-Skeletal-Input (last accessed May 10, 2023).

COMPLAINT68

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 70 of 77

1

259.

2

finger curl:

The bindings file includes additional bindings for the actions for each individual

3
4
5
6
7
8
9
10
11
12
13
260.

14

Further, the figure below is a screenshot taken from a Valve Index while testing

15

this functionality. As just one example, curling an index finger towards the Index Controller’s

16

trigger causes the virtual finger to also curl, indicating that the Accused VR Instrumentalities

17

detect, by a proximity sensor, a non-contact interaction with a touch-sensitive device:

18
19
20
21
22
23
24
261.

25
26
27

Accordingly, the Accused VR Instrumentalities perform Limitation 15A of claim

15.
COMPLAINT69

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 71 of 77

262.

1
2

Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
263.

3Limitation 15B requires “detecting, by a touch sensor, a touch on the touch-4

sensitive device.” The Accused VR Instrumentalities perform this step. For example, Valve Index

5

Controllers, also known as Knuckles,169 use sensors to track pressure:170

6
7
8
9
10
11
12
264.

13
14
15
16

Further, the figure below is a screenshot taken from a Valve Index while testing

this functionality. As just one example, touching the Index Controller’s trigger causes the virtual
finger to partially ball into the virtual hand, indicating that the Accused VR Instrumentalities detecta touch on the touch-sensitive device:

17
18
19
20
21
22
23
24
25
26
27

169
170

See https://www.ifixit.com/Device/Valve_Index_Controller (last accessed May 10, 2023).
See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT70

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 72 of 77

265.

1

Note that the above hand pose differs from when a user pulls the trigger, which2causes the finger to fully ball into the virtual hand, further indicating that the Accused VR

3

Instrumentalities detect a touch on the touch-sensitive device, as distinct from a trigger pull:

4
5
6
7
8
9
10
11

Accordingly, the Accused VR Instrumentalities perform Limitation 15B of

12

266.
claim 15.

13

267.

Valve makes and sells the Accused VR Instrumentalities, with which Valve

14

performs the claimed step under Valve’s control for Valve’s benefit.
268.

15

Limitation 15C requires “transmitting a first sensor signal associated with the non-16

contact interaction to a processor.” Limitation 15D requires “transmitting a second sensor signal

17

associated with the touch to a processor.” Limitation 15E requires “receiving, by the processor,

18

the first and second sensor signals.” The Accused VR Instrumentalities perform these steps. For

19

example, Valve specifies certain minimum system specifications, including processor

20

requirements:171

21
22
23
24
25
26
27

171

See https://help.steampowered.com/en/faqs/view/105E-66E3-962A-1577 (last accessed May 10, 2023).

COMPLAINT71

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 73 of 77

269.

1

Further, the APIs identified for Limitation 15A run on this processor, indicating2

that the Accused VR Instrumentalities transmit a first sensor signal associated with the non-contact

3

interaction to a processor.
270.

4

Further, the APIs identified for Limitation 15B run on this processor, indicating

5

that the Accused VR Instrumentalities transmit a second sensor signal associated with the touch to6

a processor.

7

271.

Testing confirms the functionality described in Limitations 15A and 15B, support

8

for both functions indicate that the Accused VR Instrumentalities receive, by the processor, the9first and second sensor signals.

10

272.

11

15E of claim 15.

12

273.

13

Accordingly, the Accused VR Instrumentalities perform Limitations 15C, 15D, andValve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.
274.

14

Limitation 15F requires “generating, by the processor, a haptic output signal based

15

at least in part on the first and second sensor signals.” Limitation 15G requires “transmitting, by

16

the processor, the haptic output signal to a haptic output device.” Limitation 15H requires

17“outputting, by the haptic output device, a haptic effect in response to the haptic output signal.”

18

The Accused VR Instrumentalities perform these steps.
275.

19

For example, the Valve Index Controllers include an HD LRA for Haptics:172

20
21
22
23
24
25
26
27

172

See https://www.valvesoftware.com/en/index/controllers (last accessed May 10, 2023).

COMPLAINT72

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 74 of 77

1
2

276.

Further, the “bindings_knuckles.json” configuration file includes bindings for

haptics actions:

3
4
5
6
7
8
9
10
11
12
13
14
15
16

277.

Further, the figures below are screenshots taken from a Valve Index while testing

this functionality. As just one example, as mentioned in Limitation 15A, curling an index finger
towards the trigger causes a virtual finger to curl, as shown in the left figure below, which arescreenshots taken from a Valve Index while testing this functionality. If the resulting curl causes
the virtual finger to touch a virtual object, haptic effects occur. Additionally, as mentioned in
Limitation 15B, touching the trigger also causes the virtual finger to curl, as shown in the rightfigure below. If the resulting curl causes the virtual finger to touch a virtual object, haptic effects
also occur:

17
18
19
20
21
22
23
24

278.

Note that pulling the trigger results in the virtual hand grabbing the object, further

indicating that the Accused VR Instrumentalities independently track proximity to, touching, and

25
26
27

COMPLAINT73

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 75 of 77

1pulling the trigger. Based on this behavior and on information and belief, the haptic output signal

2

is based at least in part on the first and second sensor signals:

3
4
5
6
7
8
9
10

279.

15H of claim 15.

11
12

280.

15

281.

18
19
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Thus, Valve directly infringes at least claim 15 of the ’738 patent. For example, theAccused VR Instrumentalities with which Valve performs all the of the claimed steps as describedin the examples above are under Valve’s control for Valve’s benefit.

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Valve makes and sells the Accused VR Instrumentalities, with which Valve

performs the claimed step under Valve’s control for Valve’s benefit.

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Accordingly, the Accused VR Instrumentalities perform Limitations 15F, 15G, and282.

On information and belief, Valve has taken active steps to induce infringement ofat least claim 15 of the ’738 patent by its users, knowing that these steps will induce, encourage,
and facilitate direct infringement by its users in violation of 35 U.S.C. § 271(b). Such active steps
include, but are not limited to, providing its users with instructions on the use of the abovedescribed features.173

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173

See, e.g., https://valvesoftware.github.io/steamvr_unity_plugin/articles/Quickstart.html (last accessed May 10,2023); https://valvesoftware.github.io/steamvr_unity_plugin/tutorials/SteamVR-Input.html (last accessed May 10,2023); https://www.youtube.com/watch?v=qo-9CmcKWlY (last accessed May 10, 2023);
https://developer.valvesoftware.com/wiki/Main_Page (last accessed May 10, 2023);
https://partner.steamgames.com/doc/features/steam_controller (last accessed May 10, 2023);
https://github.com/ValveSoftware/openvr/wiki/API-Documentation (last accessed May 10, 2023);
https://store.steampowered.com/app/450390/The_Lab/?gclid=CjwKCAjwge2iBhBBEiwAfXDBR4vG9bCn_TXxjF
0yACKmAIHjVNNQ_qb2Cbbz4wPeXmLpSAQ2tW03AxoCDzkQAvD_BwE (last accessed May 10, 2023);
https://store.steampowered.com/app/868020/Aperture_Hand_Lab/ (last accessed May 10, 2023).

COMPLAINT74

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 76 of 77

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283.

By way of at least this Complaint, Valve knows of the ’738 patent and performs

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acts that it knows, or should know, induce the direct infringement of claim 15 of the ’738 patent3

by users of the Accused VR Instrumentalities. Valve is thus also indirectly liable for infringement4of at least claim 15 of the ’738 patent under 35 U.S.C. § 271(b).

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PRAYER FOR RELIEF

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WHEREFORE, Immersion respectfully requests judgment against Valve as follows:

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A.

that this Court adjudge that Valve, to the extent not enjoined, infringes the ’260

8patent; the ’507 patent; the ’042 patent; the ’546 patent; the ’907 patent; the ’067 patent; and the9’738 patent;

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B.

that the Court enter an injunction prohibiting Valve and its agents, officers,

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servants, employees, and all persons in active concert or participation with Valve from deploying,

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operating, maintaining, testing, and using the Accused Handheld Instrumentalities and Accused

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VR Instrumentalities, and from otherwise infringing any of the Patents-in-Suit;

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C.

that this Court ascertain and award Immersion damages under 35 U.S.C. § 284

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sufficient to compensate for Valve’s infringement, including but not limited to infringement16

occurring before the filing of this lawsuit;

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D.

that this Court ascertain and award Immersion any post-judgment ongoing royalties

under 35 U.S.C. § 284 as may be appropriate;E.

that this Court award Immersion any applicable prejudgment and post-judgmentinterest; andF.

that this Court award Immersion such other relief at law or in equity as the Court

deems just and proper.

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COMPLAINT75

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802

Case 2:23-cv-00712 Document 1 Filed 05/15/23 Page 77 of 77

JURY DEMAND

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Immersion requests that all claims and causes of action raised in this Complaint against
Valve be tried to a jury to the fullest extent possible.

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DATED: May 15, 2023

Respectfully submitted,
FOLIO LAW GROUP PLLC

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/s/ Stefan Szpajda
Stefan Szpajda, WA Bar No. 50106
Cristofer Leffler, WA Bar No. 35020
Sam Kim, CA Bar No. 221600 (Admission
pro hac vice pending)
Palani P. Rathinasamy, CA Bar No. 269852(Admission pro hac vice pending)
C. Maclain Wells, CA Bar No. 221609(Admission pro hac vice pending)David Schumann, CA Bar No 223936(Admission pro hac vice pending)Alexandra Olwen Fellowes, CA Bar No.
261929(Admission pro hac vice pending)
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109
Tel: 206-880-1802
Email: stefan@foliolaw.com
cris.leffler@foliolaw.com
sam.kim@foliolaw.com
palani@foliolaw.com
maclain@foliolaw.com
david.schumann@foliolaw.com
alexandra.fellowes@foliolaw.com

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Attorneys for Plaintiff Immersion
Corporation.

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COMPLAINT76

FOLIO LAW GROUP PLLC
1200 Westlake Ave. N., Ste. 809
Seattle, WA 98109, Tel: 206-880-1802