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1 COMPLAINT

COMPLAINT

Plaintiff Crytek GmbH ("Crytek") brings this Complaint against Cloud Imperium Games Corporation and Roberts Space Industries Corporation ("Defendants"), and in support thereof alleges as follows, upon personal knowledge as to itself and upon information and belief as to all others:

NATURE OF ACTION

1.

This Court has exclusive subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338(a) because federal courts have exclusive jurisdiction in co pyright cases, and b ecause those claim s are federal questio ns. This Court also has diversity jurisdiction over this action under 28 U.S.C. § 1332 because Defendants are citizens of California, Plaintiff is a citizen of a foreign state, and the amount in controversy substantially exceeds $75,000. 2.

Crytek is an industry-leadin g video game developer, publisher, and technology pro vider. It has created som e of the most popul ar and award-winni ng video game franc hises in the world, inc luding Far Cry and Crysis. Crytek is also long renowned for pushing the boundaries of video games with its highly acclaimed CryEngine, a cutting-edge, powerful, and feature-fille d video game development platform and com puter program that provides game deve lopers access to today' s most advanced game engine technologies. 3.

In 2012, Defendants sought to develop a new game called "Star Citizen," which was billed as an epic space adventure, trading, and dogfighting video game. To make that game a reality, Defendant s sought to use the Cry Engine video game development pl atform as its foundation. Crytek and Defendants agr eed to preliminary license terms, and Cry tek invested significant time and expense in creating impressive demonstrations and proofs-of-conce pt that were used to persuade the public to contribute financially to a "crowdfunding" campaign to support development of the video game. As a direct result of Cry tek's efforts, the