SOURCE: TimePlay Inc.

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November 20, 2015 09:16 ET

TimePlay's Patent Lawsuit Moves Forward as Court Denies Audience Entertainment's Motion

Court Denies Motion to Dismiss TimePlay's Patent Infringement Claim

LOS ANGELES, CA--(Marketwired - November 20, 2015) - Multi-player gaming systems pioneer and patent owner TimePlay Inc.'s patent infringement lawsuit against Audience Entertainment LLC will move forward after United States District Court Judge James Otero denied Audience Entertainment's motion to dismiss the case on November 10, 2015. TimePlay's complaint alleges that Audience Entertainment infringed TimePlay's United States Patent 8,951,124B2, which is entitled "System, Method and Handheld Controller for Multi-player Gaming."

TimePlay filed its complaint against Audience Entertainment on July 9, 2015. Audience Entertainment responded by filing a motion to dismiss under 35 U.S.C. Section 101 as interpreted by the Supreme Court in 2014 in Alice Corp. v. CLS Bank, Int'l on the basis that the '124 patent does not claim patent-eligible subject matter.

TimePlay Founder and CEO Jon Hussman said "We are very pleased that Judge Otero has upheld the subject matter eligibility of our patent, which is what we expected. We are confident that TimePlay has a strong case and look forward to litigating it on its merits."

Judge Otero denied the motion, noting that the '124 Patent is directed to "multi-player gaming using a hand-held controller that has a display screen where the players are also in front of a shared display." He concluded that Audience Entertainment had not pointed to any authority compelling the conclusion that such an idea is "abstract".

The lawsuit is pending in U.S. Federal District Court in the Central District of California. TimePlay has asked for a trial by jury and intends to seek financial damages and/or royalties to be determined at trial and an injunction against Audience Entertainment's sale and operation of their technology.

About TimePlay Inc.

TimePlay is a world leader in the multi-player interactive gaming industry. The TimePlay platform allows moviegoers to use their smartphones and tablets to interact with and control outcomes on the big screen in real time, while providing a targeted portal for advertising, e-commerce and social networking. The globally patented technology enables exhibitors, advertisers, studios and other partners to entertain, inform, and engage directly with moviegoers before or after a show. TimePlay's two-way interactive platform drives high participation levels and delivers significantly elevated engagement and activation for its partners compared with traditional media campaigns. Many leading global brands use the TimePlay platform for their cinema campaigns including McDonalds, Mazda, Samsung, Revlon, Shell and Heineken. TimePlay has offices in Los Angeles and Toronto. For more information, please visit Follow us on Twitter: @TimePlayEnt.

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