Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 1 of 396 PageID #: 7013
`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 1 of 396 PagelD #: 7013
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`
`
`EXHIBIT 3
`EXHIBIT 3
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 2 of 396 PageID #: 7014
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`
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`CHART B
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 3 of 396 PageID #: 7015
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`
`Accused Product: Destiny
`6,701,344
`The statements and documents cited below are solely provided by way of example and based on information available to
`Acceleration Bay, LLC ("Acceleration Bay" or "Plaintiff") at the time this chart was created, and are not to be used by way of
`limitation or for purposes of construing the claim terms.
`
`Discovery is ongoing, Acceleration Bay has received no discovery from Defendant Activision Blizzard, Inc. (“Defendant” or
`“Activision”) regarding Destiny, and Acceleration Bay is seeking discovery from third parties, including Bungie, the developer of
`Destiny. Acceleration Bay reserves its right to supplement its infringement contentions as additional information becomes known
`to it, and relies only on the publicly-available information presently available to it, including playtesting of the Accused Product.
`
`“Accused Product” refers to the PlayStation 3, PlayStation 4, Xbox One and Xbox 360 versions of Destiny (including without
`limitation Destiny Limited Edition, Destiny Standard Edition, Destiny: The Taken King – Collector’s Edition, Destiny: The Taken
`King – Digital Collector’s Edition, Destiny: The Taken King – Legendary Edition, Destiny: The Taken King – Limited Edition,
`Iron Banner, Prison of Elders, Trials of Osiris, the Dark Below and The House of Wolves), as identified in Acceleration Bay’s
`November 2, 2015 Identification of Accused Products.
`
`Unless otherwise noted in the charting below, Acceleration Bay contends that the Accused Product literally infringes each of the
`claims identified below. Acceleration Bay prepared these Infringement Contentions without the benefit of disclosure of
`Defendant’s non-infringement theories. To the extent that Defendant contends that it does not literally infringe a claim, Defendant
`infringes under the doctrine of equivalents. Once Acceleration Bay receives Defendant’s non-infringement positions, if any,
`Acceleration Bay may demonstrate how the described functionality of the Accused Product is at most insubstantially different from
`claimed functionality and performs the same function in the same way to achieve the same result.
`
`Claim 1
`1-a. A computer
`network for
`providing a
`game
`environment for
`a plurality of
`participants,
`
`
`The Accused Product meets the recited claim language because it provides a computer network for providing a
`game environment for a plurality of participants.
`
`For example and without limitation, the following screen capture shows that the Accused Product allows
`multiple participants to play the game online concurrently, including in sessions of 16 participants:
`
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 4 of 396 PageID #: 7016
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`
`
`
`http://vgboxart.com/viewfullsize/66658/Destiny/
`
`All of the Accused Product’s game modes incorporate multiplayer functionality, including for example and
`without limitation, Public Event, Tower, Crucible, Strike, Fireteam, Iron Banner, and in game VOIP voice chat
`functionality.
`
`As further example and without limitation, the following screen captures show that the Accused Product utilizes
`a “mesh-based” network that supports “millions of players online at once”:
`
`
`
`
`
`2
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`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 5 of 396 PageID #: 7017
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`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
`3
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 6 of 396 PageID #: 7018
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`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
`4
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 7 of 396 PageID #: 7019
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`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`For example and without limitation, the following screen captures show that the Accused Product provides voice
`chat features to allow multiple players to chat with each other in game using the peer-to-peer technology:
`
`
`
`5
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 8 of 396 PageID #: 7020
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`
`
`
`OSU MeleBery
`
`As part of Destiny Update 1.0.3, scheduled for deployment on November18th, you will have access to two options
`for talking to the Guardians with whom you fight.
`
`TOGGLE VOICE CHANNEL a
`w= Strike Team Chat 0
`
`TOGGLE VOICE CHANNEL eo
`@) Fireteam Chat
`OQ
`
`by the megaphoneicon.
`
`After the update, you'll be able to join a new channel thatwill provide for Team Chat. This will include the players
`you meet via Matchmaking, as well as members of your Fireteam who make the sameselection. This option will be
`available in any matchmadeactivity — including Strikes and in team-based Crucible matches. Team Chatis signified
`
`Gree
`
`Since launch, you've been able to use Fireteam Chat to speak to the Guardians included in your pre-formed party
`This includes players whojoin you in orbit before you begin an activity together. Fireteam Chat is signified by the
`speaker icon.
`
`Bee4
`
`6
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 9 of 396 PageID #: 7021
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`
`
`
`MeeeVel ellie
`
`Upon landing in an activity where opt-in voice is enabled, you'll receive a notification that says Team voice chat now
`available. Look to the lowerleft of your screen for the prompt.
`
`elea Cok) tlre(seered enim cil
`
`Ree TT
`Cee
`ee
`
`
`
`Whena player accesses the channel, you'll see a promptthat says [Player] has entered the Team voice channel.
`That's your invitation to join them.
`
`ENTERTHE DEV
`
`i Reelue
`
`-
`
`7
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 10 of 396 PageID #: 7022
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`
`
`
`Joining Team Chat
`
`Icons for current channel
`
`Once in Navigation Mode,you will see the user interface for channel selection. The lower right of your screen will
`contain the following:
`Directional button icons
`
`If Team Chatis available, it can be accessed at any pointin time by going into Navigation Modein Destiny. As
`always, you activate that menu by deploying your Ghost.
`
`[click to enlarge - see lowerright]
`
`Cat ayerry|
`ataceget
`Dedee
`
`=<].
`iol a mn,
`
`SUMMON VEHICLE
`
`2
`beccaeltet e
`
`Highlights for available chat options
`Text for current channel
`
`8
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`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 11 of 396 PageID #: 7023
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`
`
`
`©|ENTER THE DEVILS: LAIR
`ct eee
`deean
`
`[click to enlarge - see lowerright]
`
`blocked from using Team Chat if your networking settings are not properly configured.
`
`If voice options are unavailable, it could be that you're connected to a party chat service tied to your console. To
`benefit from the new Team Chatvoice feature, you'll need to be using the Destiny game channel. A player using a
`platform-specific channel will see a different promptin the lower right of the user interface. You may also be
`
`ae
`Vokol amma. 1)
`
`Pese alas
`:
`pe
`He
`be,>
`a she Ni Ww REE
`"
`Ny as
`.
`re} ieal
`;
`.
`
`a
`
`Bieicic lefel PraeDF cvtecen,
`
`
`
`To deactivate the public option and retreat to a more private comer with friends who havejoined your Fireteam, just
`revert back to Fireteam Chat using the same Navigation Mode menu. At any time, the channel you're usingwill be
`displayed in the lowerright. You can always toggle between channels using the highlighted directional buttons.
`
`eee sels
`
`9
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 12 of 396 PageID #: 7024
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`
`
`
`TOGGLE VOICE CHANNEL
`.LM igetrete OF ar
`
`pa
`
`10
`
`Ca
`
`oJ
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 13 of 396 PageID #: 7025
`
`
`
`
`https://www.bungie.net/en/News/Article/12376/7_voice-chat-beta-in-destiny
`
`
`Testing of the Accused Product is consistent with the above contention.
`
`
`
`11
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 14 of 396 PageID #: 7026
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`
`
`
`1-b. each
`participant
`having
`connections to
`at least three
`neighbor
`participants,
`
`The Accused Product meets the recited claim language because it provide a computer network in which each
`participant has connections to at least three neighbor participants.
`
`For example and without limitation, the following screen captures show that the Accused Product uses the “peer-
`to-peer system” and “creates connection between your console…and other players…”, permitting connections to
`multiple neighbor participants:
`
`
`https://www.bungie.net/en/Support/Troubleshoot?oid=12915
`
`
`http://www.eurogamer.net/articles/2013-06-21-destiny-how-to-save-online-worlds
`
`
`12
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 15 of 396 PageID #: 7027
`
`
`
`
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview
`
`
`13
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 16 of 396 PageID #: 7028
`
`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
`
`14
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 17 of 396 PageID #: 7029
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`
`
`
`
`As a further example, the following screen capture shows eight participants interacting with each other using
`peer-to-peer connections:
`
`
`https://www.youtube.com/watch?v=dPcrmT0of5g
`
`Testing of the Accused Product is consistent with the above contention.
`The Accused Product meets the recited claim language because they provide a computer network in which an
`originating participant sends data to the other participants by sending the data through each of its connections to
`its neighbor participants.
`
`For example and without limitation, the following screen capture shows that the Accused Product utilizes peer-
`to-peer network connections, thereby allowing each participant to send data to the other participants:
`
`
`
`1-c. wherein an
`originating
`participant
`sends data to
`the other
`participants by
`sending the data
`
`15
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 18 of 396 PageID #: 7030
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`
`
`
`through each of
`its connections
`to its neighbor
`participants and
`
`
`DemonWare also provides these services to the Accused Product. See https://www.demonware.net/ (listing
`Destiny):
`
`
`
`
`16
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 19 of 396 PageID #: 7031
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`
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`
`
`For example and without limitation, the following screen captures show that the Accused Product uses the “peer-
`to-peer system” and “creates connection between your console…and other players…”:
`
`
`
`17
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 20 of 396 PageID #: 7032
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`
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`
`
`
`https://www.bungie.net/en/Support/Troubleshoot?oid=12915
`
`
`http://www.eurogamer.net/articles/2013-06-21-destiny-how-to-save-online-worlds
`
`
`
`
`
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`18
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 21 of 396 PageID #: 7033
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`
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview
`
`
`19
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 22 of 396 PageID #: 7034
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`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
`
`20
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 23 of 396 PageID #: 7035
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`
`
`
`
`As a further example, the following screen capture shows eight participants interacting with each other using the
`peer-to-peer connections:
`
`
`https://www.youtube.com/watch?v=dPcrmT0of5g
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which each
`participant sends data that it receives from a neighbor participant to its other neighbor participants.
`
`For example and without limitation, based on the publicly available information, the Accused Product utilize a
`peer-to-peer network topology, where participants can forward data from one neighbor participant to another
`neighbor participant:
`
`
`
`1-d. wherein
`each participant
`sends data that
`it receives from
`a neighbor
`participant to its
`
`21
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 24 of 396 PageID #: 7036
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`
`
`
`other neighbor
`participants,
`
`
`
`
`The Accused Product uses DemonWare’s peer-to-peer multiplayer middleware. See
`https://www.demonware.net/ (listing Destiny):
`
`
`
`
`22
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`

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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 25 of 396 PageID #: 7037
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`
`
`
`
`For example and without limitation, the following screen captures show that the Accused Product uses the “peer-
`to-peer system” and “creates connection between your console…and other players…”:
`
`
`
`23
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 26 of 396 PageID #: 7038
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`
`
`
`
`
`https://www.bungie.net/en/Support/Troubleshoot?oid=12915
`
`
`http://www.eurogamer.net/articles/2013-06-21-destiny-how-to-save-online-worlds
`
`
`
`
`
`
`24
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 27 of 396 PageID #: 7039
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`
`
`
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview
`
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`25
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 28 of 396 PageID #: 7040
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`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
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`26
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 29 of 396 PageID #: 7041
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`
`
`
`
`As a further example, the following screen capture shows eight participants interacting with each other using the
`peer-to-peer connections:
`
`
`https://www.youtube.com/watch?v=dPcrmT0of5g
`
`Testing of the Accused Product is consistent with the above contention.
`
`Based on a review of publicly available information including play testing, the Accused Product meets the
`recited claim language because it provides a computer network that is m-regular, where m is the exact number of
`neighbor participants of each participant.
`
`
`Acceleration Bay will supplement these infringement contentions after receiving discovery, including from
`Bungie, the developer of the Accused Product, and from Activision’s subsidiary Demonware, a provider of peer-
`
`
`
`1-e. further
`wherein the
`network is m-
`regular, where
`m is the exact
`number of
`
`27
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 30 of 396 PageID #: 7042
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`
`
`
`neighbor
`participants of
`each participant
`and
`
`to-peer and other multiplayer functionality used in Destiny.
`
`For example and without limitation, the Accused Product creates m-regular connectivity meshes of players
`during different network game sessions and for different game session data. For example, m-regular can
`indicate that each of the players is optimally connected to other players to ensure that all nodes are connected to
`the same number of nodes to ensure that no node is overloaded. For example, the Accused Product creates m-
`regular topologies of players when setting up logical and physical network topologies for the Accused Product
`using different networking libraries, SDKs and APIs. The libraries, SDKs and APIs utilized by the Accused
`Product to create these m-regular topologies include software provided by Demonware as well as internally
`developed libraries, SDKs and APIs. They also include the ability to set the max number of peers and players.
`The Accused Product uses these libraries, SDKs and APIs to:
`
` 
`
` connect players to other players for matchmaking;
` determine which game a player should be matched to;
` ensure no players are overloaded for optimal gameplay in a connectivity mesh;
` create a game session with logical and physical network topologies for the game;
` create network connections through sockets and ports;
` manage the game during gameplay and to relay content through different NAT configurations;
`
`route game data using optimal paths and relays;
` distribute voip chat data among the players; and
` manage states when different players leave, are kicked, or are disconnected.
`
`
`For example, the Accused Product performs matchmaking and player distribution within a multiplayer game.
`The Accused Product attempts to evenly distributed players on the logical and physical networks. In an evenly-
`distributed multiplayer game, the network of players is m-regular. The Accused Product includes setting-up
`peer-to-peer mesh topologies in different configurations, including optimized peer meshes.
`
`The Accused Product also utilizes the Durango (Xbox One) SDK, Xbox 360 SDK and Microsoft SDK for
`additional matchmaking and network configuration. The Durango SDK, Xbox 360 SDK and Microsoft SDK are
`both offered through third-party Microsoft, and Acceleration Bay reserves the right to supplement its contentions
`related to these SDKs after discovery is provided by Microsoft.
`
`In addition, it appears that there are multiple logical and physical layers of the network topology that maintain a
`
`28
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 31 of 396 PageID #: 7043
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`
`
`
`1-f. further
`wherein the
`number of
`participants is at
`least two greater
`than m thus
`resulting in a
`non-complete
`graph.
`
`Claim 4
`
`The computer
`network of
`claim 1 wherein
`the network is
`m-connected,
`where m is the
`number of
`neighbor
`participants of
`each participant.
`
`regular network in order to optimize performance based on the type of data that is being transmitted. These
`additional layers of the network topology will be identified in upcoming depositions.
`
`Testing of the Accused Product is consistent with the above contention.
`The Accused Product meets the recited claim language because it provides a computer network in which the
`number of participants is at least two greater than m thus resulting in a non-complete graph.
`
`For example and without limitation, the Accused Product creates a non-complete mesh of players during
`different game sessions, for example where not every player in the game session is directly connected, either
`logically or physically, to every other player in the game. For example, the Accused Product creates a non-
`complete graph of players when setting up a logical and physical network topology for the Accused Product
`using different networking libraries, SDKs and APIs. The Accused Product utilizes topologies that naturally
`include a non-complete optimized mesh, as well as topologies that include a non-complete graph as the result of
`inability to connect to peers, failover states, or during host migration of player hosted games. The chance of a
`non-complete graph grows with the total number of players added to the game, and becomes very likely once
`more than four players are connected.
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which the
`network is m-connected, where m is the number of neighbor participants of each participant.
`
`For example and without limitation, the Accused Product creates m-regular connectivity meshes of players
`during different network game sessions and for different game session data. For example, m-regular can
`indicate that each of the players is optimally connected to other players to ensure that all nodes are connected to
`the same number of nodes to ensure that no node is overloaded. For example, the Accused Product creates m-
`regular topologies of players when setting up logical and physical network topologies for the Accused Product
`using different networking libraries, SDKs and APIs. The libraries, SDKs and APIs utilized by the Accused
`Product to create these m-regular topologies include software provided by Demonware as well as internally
`developed libraries, SDKs and APIs. They also include the ability to set the max number of peers and players.
`The Accused Product uses these libraries, SDKs and APIs to:
`
`
`29
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 32 of 396 PageID #: 7044
`
`
`
`
` connect players to other players for matchmaking;
` determine which game a player should be matched to;
` ensure no players are overloaded for optimal gameplay in a connectivity mesh;
` create a game session with logical and physical network topologies for the game;
` create network connections through sockets and ports;
` manage the game during gameplay and to relay content through different NAT configurations;
`
`route game data using optimal paths and relays;
` distribute voip chat data among the players; and
` manage states when different players leave, are kicked, or are disconnected.
`
`
`For example, the Accused Product performs matchmaking and player distribution within a multiplayer game.
`The Accused Product attempts to evenly distributed players on the logical and physical networks. In an evenly-
`distributed multiplayer game, the network of players is m-regular. The Accused Product includes setting-up
`peer-to-peer mesh topologies in different configurations, including optimized peer meshes.
`
`The Accused Product also utilizes the Durango (Xbox One) SDK, Xbox 360 SDK and Microsoft SDK for
`additional matchmaking and network configuration. The Durango SDK, Xbox 360 SDK and Microsoft SDK are
`both offered through third-party Microsoft, and Acceleration Bay reserves the right to supplement its contentions
`related to these SDKs after discovery is provided by Microsoft.
`
`In addition, it appears that there are multiple logical and physical layers of the network topology that maintain a
`regular network in order to optimize performance based on the type of data that is being transmitted. These
`additional layers of the network topology will be identified in upcoming depositions.
`
`For example but not limitation, the Accused Product also creates m-connected game sessions of players during
`different network gaming states through communication channels. M-connected indicates that each of the
`players is optimally connected to other players in a mesh for the game session, without missing connections that
`would interrupt gameplay or game data. For example, the Accused Product creates an m-connected topology of
`players when setting up a logical and physical network topology for the Accused Product using different
`networking libraries, SDKs and APIs. The libraries, SDKs and APIs utilized by the Accused Product to create
`this m-connected topology and peer mesh include software provided by Demonware as well as internally
`developed libraries, SDKs and APIs. They also include the ability to set the max number of peers and players.
`
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`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 33 of 396 PageID #: 7045
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`
`
`
`Claim 5
`
`The computer
`network of
`claim 1 wherein
`the network is
`m-regular and
`m-connected,
`where m is the
`number of
`neighbor
`participants of
`each participant.
`
`Testing of the Accused Product is consistent with the above contention.
`
`
`The Accused Product meets the recited claim language because it provides a computer network in which the
`network is m-regular and m-connected, where m is the number of neighbor participants of each participant.
`
`For example and without limitation, the Accused Product creates m-regular connectivity meshes of players
`during different network game sessions and for different game session data. For example, m-regular can
`indicate that each of the players is optimally connected to other players to ensure that all nodes are connected to
`the same number of nodes to ensure that no node is overloaded. For example, the Accused Product creates m-
`regular topologies of players when setting up logical and physical network topologies for the Accused Product
`using different networking libraries, SDKs and APIs. The libraries, SDKs and APIs utilized by the Accused
`Product to create these m-regular topologies include software provided by Demonware as well as internally
`developed libraries, SDKs and APIs. They also include the ability to set the max number of peers and players.
`The Accused Product uses these libraries, SDKs and APIs to:
`
`
` connect players to other players for matchmaking;
` determine which game a player should be matched to;
` ensure no players are overloaded for optimal gameplay in a connectivity mesh;
` create a game session with logical and physical network topologies for the game;
` create network connections through sockets and ports;
` manage the game during gameplay and to relay content through different NAT configurations;
`
`route game data using optimal paths and relays;
` distribute voip chat data among the players; and
` manage states when different players leave, are kicked, or are disconnected.
`
`
`For example, the Accused Product performs matchmaking and player distribution within a multiplayer game.
`The Accused Product attempts to evenly distributed players on the logical and physical networks. In an evenly-
`distributed multiplayer game, the network of players is m-regular. The Accused Product includes setting-up
`peer-to-peer mesh topologies in different configurations, including optimized peer meshes.
`
`31
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`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 34 of 396 PageID #: 7046
`
`
`
`
`
`The Accused Product also utilizes the Durango (Xbox One) SDK, Xbox 360 SDK and Microsoft SDK for
`additional matchmaking and network configuration. The Durango SDK, Xbox 360 SDK and Microsoft SDK are
`both offered through third-party Microsoft, and Acceleration Bay reserves the right to supplement its contentions
`related to these SDKs after discovery is provided by Microsoft.
`
`In addition, it appears that there are multiple logical and physical layers of the network topology that maintain a
`regular network in order to optimize performance based on the type of data that is being transmitted. These
`additional layers of the network topology will be identified in upcoming depositions.
`
`For example but not limitation, the Accused Product also creates m-connected game sessions of players during
`different network gaming states through communication channels. M-connected indicates that each of the
`players is optimally connected to other players in a mesh for the game session, without missing connections that
`would interrupt gameplay or game data. For example, the Accused Product creates an m-connected topology of
`players when setting up a logical and physical network topology for the Accused Product using different
`networking libraries, SDKs and APIs. The libraries, SDKs and APIs utilized by the Accused Product to create
`this m-connected topology and peer mesh include software provided by Demonware as well as internally
`developed libraries, SDKs and APIs. They also include the ability to set the max number of peers and players.
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which all the
`participants are peers.
`
`For example and without limitation, the following screen capture shows that the Accused Product provides a
`computer network wherein all the participants are peers:
`
`
`Claim 6
`The computer
`network of
`claim 1 wherein
`all the
`participants are
`peers.
`
`32
`
`

`

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`
`
`
`
`
`For example and without limitation, the following screen capture shows that the Accused Product connects
`participants directly as peers via NAT configuration:
`
`
`
`
`
`For example and without limitation, the following screen capture shows that the Accused Product provides a
`team voice channel that connects participants via peer-to-peer connections and allows participants to
`communicate via voice:
`
`
`
`33
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 36 of 396 PageID #: 7048
`
`
`
`
`
`
`https://www.youtube.com/watch?v=YG7IhxdsciA
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which the
`connections are peer-to-peer connections.
`
`For example and without limitation, the following screen capture shows that the Accused Product utilizes a peer-
`to-peer network topology, thereby allowing each participant to send data to the other participants on a point to
`point basis:
`
`
`Claim 7
`The computer
`network of
`claim 1 wherein
`the connections
`are peer-to-peer
`connections.
`
`34
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 37 of 396 PageID #: 7049
`
`
`
`
`
`
`DemonWare provides these services to the Accused Product. See https://www.demonware.net/ (listing Destiny):
`
`
`
`
`35
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 38 of 396 PageID #: 7050
`
`
`
`
`
`For example and without limitation, the following screen captures show that the Accused Product uses the “peer-
`to-peer system” and “creates connection between your console…and other players…”:
`
`
`
`
`36
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 39 of 396 PageID #: 7051
`
`
`
`
`https://www.bungie.net/en/Support/Troubleshoot?oid=12915
`
`
`http://www.eurogamer.net/articles/2013-06-21-destiny-how-to-save-online-worlds
`
`
`
`
`
`
`37
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 40 of 396 PageID #: 7052
`
`
`
`
`
`http://www.polygon.com/2013/2/17/3993058/destiny-bungie-first-look-preview
`
`
`38
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 41 of 396 PageID #: 7053
`
`
`
`
`http://www.gameinformer.com/b/features/archive/2013/12/06/the-matchmaking-technology-of-
`destiny.aspx?PostPageIndex=1
`
`
`
`
`39
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 42 of 396 PageID #: 7054
`
`
`
`
`
`As a further example, the following screen capture shows eight participants interacting with each other using the
`peer-to-peer connections:
`
`
`https://www.youtube.com/watch?v=dPcrmT0of5g
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which the
`connections are TCP/IP connections.
`
`For example and without limitation, the following screen capture shows that the Accused Product uses TCP/IP
`connections:
`
`
`
`
`Claim 8
`The computer
`network of
`claim 1 wherein
`the connections
`are TCP/IP
`connections.
`
`40
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 43 of 396 PageID #: 7055
`
`
`
`
`
`
`
`https://www.bungie.net/en/Help/Article/11931
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which each
`participant is a process executing on a computer.
`
`For example and without limitation, each player in a multiplayer session uses an Xbox computer with Destiny as
`a process executing on the computer.
`
`Additionally, the following screen captures show that the Xbox version of the Accused Product can be streamed
`and played by using a Windows 10 PC computer:
`
`
`Claim 9
`
`The computer
`network of
`claim 1 wherein
`each participant
`is a process
`executing on a
`computer.
`
`41
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 44 of 396 PageID #: 7056
`
`
`
`
`
`
`http://www.xbox.com/en-US/windows-10/xbox-app?xr=shellnav
`
`Testing of the Accused Product is consistent with the above contention.
`
`The Accused Product meets the recited claim language because it provides a computer network in which each
`participant sends to each of its neighbors only one copy of the data.
`
`For example and without limitation, peers in the Accused Product only send a single copy of messages to
`neighbors.
`
`
`
`Claim 11
`The computer
`network of
`claim 1 wherein
`each participant
`sends to each of
`
`42
`
`

`

`Case 1:16-cv-00453-RGA Document 86-1 Filed 03/17/17 Page 45 of 396 PageID #: 7057
`
`
`
`
`its neighbors
`only one copy
`of the data.
`
`Claim 12
`The computer
`network of
`claim 1 wherein
`the
`interconnections
`of participants