Skillz Platform Inc. v. AviaGames Inc.

I. BACKGROUND

1 Skillz is a Delaware corporation with its principal place of business in Oregon. See 2 Complaint, ECF No. 1 ¶ 12. Skillz owns the Asserted Patent. See id. ¶ 82. Further, Skillz maintains 3 a mobile gaming platform, and it enables third-party game developers to make games available on 4 the platform through a Software Development Kit (“SDK”). See id. ¶¶ 2, 12, 22–27, 32–44. 5 AviaGames is a Delaware corporation with its principal place of business in California. See id. ¶ 13. 6 Skillz alleges that AviaGames maintains a competing mobile gaming platform—Pocket7Games— 7 which AviaGames developed using Skillz’s intellectual property that it gleaned while developing 8 games for Skillz’s platform. See id. ¶¶ 4–11, 45–56. 9 Skillz asserts a single patent against AviaGames—the ’564 Patent—related to mobile 10 gaming. See id. ¶¶ 79–96. Skillz previously claimed that AviaGames infringed a second patent— 11 U.S. Patent No. 9,479,602 (the “’602 Patent”)—but the Court dismissed Skillz’s second 12 infringement claim due to the ’602 Patent’s lack of patent eligible subject matter under § 101. See 13 Order, ECF No. 80. Skillz alleges that AviaGames’…