T5 Labs is attempting to sue cloud gaming firm Gaikai in the Delware courts.
It alleges that the Sony-owned company has committed and continues to commit acts of infringement” in the region. It is demanding a jury trial.
The complaint revolves around US Patent 8,203,568 called Sharing a Graphical Processing Unit Between a Plurality of Programs”. T5 alleges that Gaikai is infringing one or more of the patent's claims.
Gaikai actively, knowingly and intentionally induces infringement of the patent by making, using, offering for sale and selling use of Gaikai's GPU cloud with the knowledge that its customers and end users will use the Gaikai GPU cloud and with the knowledge and the specific intent to encourage and facilitate the infringing sales and uses of Gaikai's GPU cloud through the creation and dissemination of promotional and marketing materials, instruction manuals, product manuals and technical materials,” the court papers read.
T5, which claims that it has previously provided Gaikai with written notice of the infringement, is calling for damages, as well as a cut for all future activity that it believes infringes on its patent.
UPDATE: Sony has issued a no comment to MCV. In addition, it has emerged that T5 attempted to sue OnLive over a similar matter in early 2011.