Ryan A. Tyz

Tyz launched his boutique IP litigation and counseling firm in 2015 after nearly 10 years as a patent, IP and antitrust litigator at Fenwick & West. The firm’s practice groups are based on industry verticals, rather than areas of law, to offer end-to-end services. Industries include software and technology, beauty and wellness and the gaming industry. Tyz continues to differentiate his firm from Big Law, recently eliminating the partnership track and the billable hour, in favor of a subscription-based revenue model for most clients.

The firm now has nine attorneys and Tyz said it will continue to grow organically.

“We try to be strategic and listen to what our clients are demanding,” he said. “Last year, we got lots of inquiries into trademarks, so we hired a new trademark lawyer. Then we were getting a lot of questions about privacy and compliance, so we hired a privacy attorney to fill that need. The goal is always to have an ear to the ground; what do clients need, and where do we have gaps?”

The firm handles a breadth of cases within the gaming space, with Tyz serving as the lead litigator when cases go to court.

In a case currently pending, Tyz is defending game platform and publisher AviaGames in a copyright lawsuit brought by competitors Big Run Studios and Skillz. The suit accuses Avia of copying core elements of its “Bingo Clash” game from “Big Run’s Blackout Bingo.” Big Run Studios Inc. v. AviaGames Inc., 3:21-cv-04656 (N.D. Cal. Filed June 16, 2021).

He defended video game company Scopely in a putative class action brought by a player of the game “Star Trek Fleet Command,” who claimed a violation of consumer protection laws because purchased upgrades lose their value in more advanced missions. Ackies v. Scopely, Inc., 2:19-cv-19247- CCC-MF (D.N.J. Filed October 23, 2019). In January, the court issued an opinion and order granting Scopely’s motion to compel arbitration. The case was stayed pending individual arbitration.

He is also co-lead counsel for games company Supercell Oy in a class action asserting that loot boxes in “Supercell’s Brawl Stars” and “Clash Royale” games constituted illegal gambling under California state law. Peter Mai et al. v. Supercell Oy, 5:20-CV-05573-EJD (N.D. Cal. September 20, 2021). Tyz filed a motion to dismiss for lack of standing and failure to state a claim. In September, the court dismissed the plaintiff’s claims for lack of standing, and also found that the games are not slot machines because they are predominantly games of skill. The court granted Supercell’s motion to dismiss.

“They’ve amended their complaint but made the same arguments over again, so we’re hopeful the court will come out the same way with regard to the amended complaint,” Tyz said. “That’s not technically an IP case, but really dealing with the mechanics of video game technology and trying to make unfair competition claims on the way that tech works. It shows the gamut of cases we handle across the board for the video game industry.”

– Jennifer Chung Klam