Perkins Coie Secures $4.4M Arbitration Award for Bungie in “Cheat Code” Software Case

SEATTLE and BELLEVUE (June 22, 2023)—Perkins Coie is pleased to announce that a firm litigation team has secured a significant arbitration award of $4.4 million for client Bungie Inc., against several defendants related to the distribution of "cheat code" software for Bungie's popular online game Destiny 2.

The award was affirmed by U.S. District Judge Thomas S. Zilly in an order this week. Judge Zilly also affirmed a permanent injunction against the defendants, including Phoenix Digital and Aimjunkies.com, that had been recommended by the arbitrator, retired Washington State Court of Appeals Judge Ronald E. Cox, following a four-day arbitration hearing. The $4.4 million arbitration award was the maximum possible statutory award.

The Perkins Coie litigation team consisted of partner Will Rava, counsel Christian Marcelo, and associate Jacob Dini, who were closely supported by the firm's E-Discovery Services & Strategy (ESS) Practice.

The team filed an underlying lawsuit on Bungie's behalf in June 2021 alleging that the defendants developed, advertised, and distributed cheat code software that gave Destiny 2 players an unfair advantage in the multiplayer game and its expansions. The suit also alleged various copyright and trademark infringement claims, which are still being litigated in U.S. District Court.

Bungie is a leading video game company based in Bellevue, WA, that has developed a number of highly successful games, including Destiny 2 and Halo.