Flick Intelligence v. Jam City — Voluntary Dismissal Without Prejudice After 139 Days
Flick Intelligence, LLC asserted US9465451B2 against Jam City’s Jurassic World Alive mobile game in the Western District of Texas. The plaintiff voluntarily dismissed all claims without prejudice before Jam City answered, leaving the patent available for future assertion. Each party bore its own costs.
Early pre-answer dismissal in mobile gaming patent dispute, W.D. Texas
On 7 September 2023, Flick Intelligence, LLC filed an infringement action against Jam City in the Western District of Texas (Case No. 6:23-cv-00653), before Chief Judge Alan D. Albright. The asserted patent was US9465451B2, and the accused products were Jam City’s Jurassic World Alive game and related gaming applications and systems. Flick Intelligence was represented by Ramey LLP, a firm frequently active in the W.D. Texas patent docket.
On 24 January 2024 — just 139 days after filing — Flick Intelligence filed a notice of voluntary dismissal pursuant to Federal Rule 41(a)(1)(A)(i), available as of right because Jam City had neither answered the complaint nor filed a motion for summary judgment. The dismissal was expressly stated to be without prejudice as to the asserted patent. Each party was directed to bear its own costs, expenses, and attorneys’ fees, consistent with the default Rule 41 position where no cost order is sought.
The pre-answer timing is commercially significant: dismissal under Rule 41(a)(1)(A)(i) requires no court approval and leaves no adjudication on the merits. The public record does not disclose whether a settlement, licence agreement, or strategic reassessment drove the withdrawal. The without-prejudice designation means US9465451B2 remains a live enforcement asset — Jam City and others in the mobile gaming sector cannot treat this filing as a final resolution of their exposure under this patent.
Filing to resolution in 139 days
Resolved in 139 days — well under the median for contested patent cases in W.D. Tex.
Voluntary dismissal without prejudice — what the record shows and what it leaves open
Rule 41(a)(1)(A)(i): dismissal as of right, no court approval needed
Because Jam City had not yet answered or filed a dispositive motion, Flick Intelligence could file a notice of voluntary dismissal unilaterally under FRCP Rule 41(a)(1)(A)(i). This mechanism requires no judicial sign-off and is effective immediately upon filing. It is frequently used when parties reach an off-docket resolution or when a plaintiff elects to pause litigation before incurring further expense.
FRCP Rule 41(a)(1)(A)(i)Without prejudice: the patent remains an active enforcement tool
The dismissal is expressly without prejudice as to the asserted patent, meaning no claim was decided on the merits and Flick Intelligence retains the right to reassert US9465451B2 against Jam City or any other defendant. The public record does not disclose whether a confidential licence or settlement underlies this filing — the without-prejudice designation alone does not resolve that question either way.
No merits adjudicationEach party bears own costs — no fee-shifting triggered
The dismissal notice specifies that each party shall bear its own costs, expenses, and attorneys’ fees. This is the standard Rule 41 default where neither party seeks a cost order. It also means no § 285 exceptional-case fee-shifting motion was pursued by Jam City — consistent with the early, pre-answer posture of the dismissal.
No fee awardRamey LLP’s filing pattern: W.D. Texas volume filer on gaming patents
Ramey LLP is one of the highest-volume plaintiff-side patent filers in the Western District of Texas. Pre-answer voluntary dismissals in this firm’s caseload can signal successful early licensing resolution, portfolio reassessment, or strategic reloading before refiling. Gaming sector defendants facing Ramey LLP complaints should treat early resolution as a plausible but unconfirmed outcome driver rather than an indicator of patent weakness.
PAE enforcement patternFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Flick Intelligence, LLC | Company | Patent assertion entity — holder of US9465451B2 (gaming application interaction technology)Search in Eureka ↗ |
| Defendant | Jam City | Company | Jam City — mobile gaming developer and publisher; creator of Jurassic World AliveSearch in Eureka ↗ |
| Plaintiff counsel | Jeffrey Eugene Kubiak | Attorney | Counsel for Flick Intelligence, LLCSearch in Eureka ↗ |
| Plaintiff counsel | William P. Ramey , III | Attorney | Counsel for Flick Intelligence, LLCSearch in Eureka ↗ |
| Defendant counsel | Christopher S. Ponder | Attorney | Counsel for Jam CitySearch in Eureka ↗ |
| Defendant counsel | Harper S. Batts | Attorney | Counsel for Jam CitySearch in Eureka ↗ |
| Presiding judge | Judge Alan D Albright | Chief Judge | Texas Western District Court — Chief JudgeSearch in Eureka ↗ |
Stipulation of dismissal — official text
The dismissal notice invokes Rule 41(a)(1)(A)(i) precisely — signalling Jam City had not yet filed any responsive pleading, giving Flick Intelligence the unilateral right to exit. The explicit without-prejudice carve-out as to the asserted patent is deliberate drafting: it preserves every infringement claim for future use. The own-costs provision forecloses any fee motion. Together, this language is consistent with a confidential resolution or a tactical pause, but the public record supports neither conclusion definitively.
US9465451B2 — Mobile Gaming Application Interaction Technology
US9465451B2 (application number US13/413859) covers technology in the mobile gaming interaction space, asserted here against Jam City’s Jurassic World Alive game and related gaming application systems. The patent sits within a technical domain that typically encompasses user-device interaction mechanics — potentially including gesture, sensor, or location-based inputs used to drive gameplay events. The application number suggests a filing timeline consistent with the early smartphone gaming era, when foundational interaction-layer patents were actively prosecuted.
For the mobile gaming sector, a patent of this type carries meaningful strategic weight. Jurassic World Alive is a location-aware, augmented-reality-adjacent mobile game — a product category that relies heavily on device-sensor integration and real-time interaction logic. If US9465451B2 claims read on those mechanics, the patent is potentially relevant to a wide class of AR and location-based mobile games beyond Jam City’s portfolio. The without-prejudice dismissal leaves this question entirely unresolved, making the patent a continuing risk asset for the sector.
Should your gaming product run an FTO against US9465451B2?
Any R&D or product team building mobile games that incorporate gesture-based controls, sensor-driven gameplay, location-aware mechanics, or augmented reality interaction layers should assess their exposure to US9465451B2. The fact that this patent survived to litigation — and was dismissed without prejudice rather than invalidated — means it has not been stress-tested through claim construction or IPR. Products with feature overlaps to Jurassic World Alive are the clearest candidates for an FTO review.
PatSnap Eureka’s FTO Search Agent allows IP teams to map the claims of US9465451B2 against your specific product feature set, identify prior art that could support an IPR challenge, and monitor for related continuation filings from Flick Intelligence’s portfolio. Claim monitoring for this patent family is particularly advisable given the without-prejudice dismissal — the next assertion may arrive with less pre-litigation notice than this case provided.
Run a freedom-to-operate analysis on US9465451B2 to assess your product’s exposure
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What this case signals for the mobile gaming IP landscape
A pre-answer dismissal without prejudice leaves every substantive question open. Gaming developers and IP teams should take the right lessons — not assume closure.
Without-prejudice dismissal means US9465451B2 is still live — plan accordingly
Jam City received no invalidity ruling, no non-infringement finding, and no licence on the public record. Any mobile gaming developer whose products touch the technology claimed in US9465451B2 should treat this patent as an active enforcement risk. The 139-day lifecycle of this case is too short to have produced any claim construction or prior art analysis that could assist future defendants.
W.D. Texas remains a high-activity venue for gaming patent assertions
Chief Judge Albright’s docket continues to attract patent assertion entities targeting app-based and mobile gaming products. Companies with meaningful gaming application portfolios — particularly those featuring location-based, augmented reality, or interaction-layer mechanics — face elevated filing risk in this venue. Monitoring Ramey LLP’s filing activity in W.D. Texas is a practical early-warning measure.
Flick v Jam — key questions answered
Flick Intelligence, LLC filed a patent infringement action against Jam City in the Western District of Texas on 7 September 2023, asserting US9465451B2 against the Jurassic World Alive mobile game. On 24 January 2024, Flick Intelligence voluntarily dismissed all claims without prejudice under FRCP Rule 41(a)(1)(A)(i), with each party bearing its own costs. No merits decision was reached.
A without-prejudice dismissal means no claims were decided on the merits and Flick Intelligence retains the right to refile the same infringement claims based on US9465451B2 against Jam City or any other defendant. Jam City received no invalidity ruling or non-infringement finding. The public record does not disclose whether a private settlement or licence was reached alongside the dismissal.
Flick Intelligence asserted US9465451B2 (application number US13/413859) — a patent covering mobile gaming application interaction technology. The accused products were Jam City’s Jurassic World Alive game and related gaming application systems. The patent remains in force and was not challenged through IPR or claim construction proceedings during this litigation.
The public record does not state the reason. Dismissal under Rule 41(a)(1)(A)(i) is available as of right before the defendant answers, requiring no court approval. Common drivers include confidential licensing resolution, strategic portfolio reassessment, or a decision to refile with amended claims. The without-prejudice designation preserves all future options for Flick Intelligence.
Yes. The dismissal was without prejudice and no court has ruled on the validity or scope of US9465451B2. Developers of mobile games featuring gesture-based controls, sensor-driven mechanics, location-aware gameplay, or AR interaction layers should consider an FTO analysis against this patent. Flick Intelligence’s right to assert the patent against Jam City or new defendants is fully intact.
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