`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Personalized Media
`
`Communications, LLC,
`Plaintiff,
`
`V.
`
`Zynga, Inc.,
`Defendant.
`
`DO'?aZ«-5'3‘?-‘.X.7"«CaO".>f.oC)".‘DO'«‘f..O"§C.O"J
`
`2:12-cv-00068-JRG
`
`EXPERT REPORT OF
`
`MARK CLAYPOOL. Ph.D.
`
`
`
`Jalz /3, 20/3
`
`Date
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`THIS REPORT CONTAINS
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`HIGHLY CONFIDENTIAL SOURCE CODE
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`ZYNGA EX. 1013
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`I»: v-nun In-u-1 mum: in .u-uo-tau: --r -nr-ml -In mu In war-am.
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`Figure Player data moclifiecl by player input (Casticlfiille)
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`’71’T Claim 3:
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`subscriber specific date.
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`.'l'he method of claim 1,
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`'h‘Jh1‘3':"'8'lTl said subscriber input modifies se-id
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`Cz1st1eVil1e modifies player—specifi<: data. (such as :1 resource counter stored in the local game
`state) when the player’s input causes those resources to change. For example, after a. pu1'~
`chase, the player has additionzil resources. Figure 22 shows a screen shot of Ce.st1e\*’ille,
`where the resource indicators [14 “(:rowr1s"‘, here) are shown highlighted with a. red circle at
`the top part of the screen. The amoiint of crowns changes in response to player input, such
`as purchases.
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`12.2.5. Claim 4 ("(17, Castleville)
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`A user of Castle\/'ilIe directly infringes Cla.in1 4 by performing the method steps on a personal
`cornputing; device. Zynga. indirectly infringes Claim 4 by inducing and contributing to the di-
`rect infringement of its users. Zynga directly infringes Claim 4 by testing and demonstrating
`C21stleVil2e.
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`‘717 Claim 4: The method of claim I, wherein said rnfofination content comprises
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`a comm erc-icl.
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`IastleVi1le receives information content that includes a mrnniercial for the resources. For
`example, Figure 23 shows a. screen shot of Castle\-"i1le with the small, blue circles at the top
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`32
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`Highly Utillllrltflitfill Srmrce Code
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`(:2.
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`(':.-s.-uuviur-_;
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`Figure
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`Received content as comrnercia.l (Castlefl/ille)
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`center of the screen highlighting infornietion content that is a commercia.l for the player to
`“add coins and crowns * sale”.
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`In ;>.dditior.l, as described on page '75, C2LstleVille will Show cross promotional material, in
`the form of arlvertisements and rewards for other Zynga gamt-:3.
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`12.2.5. Claim 5 (’717. Castleville)
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`A user of CastleVille directly infringes Claim 5 by performing the method steps on a personal
`coniputing device. Zyngn indirectly infringes Claim 5 by inducing and contributing to the di-
`rect infringement of its users. Z-ynga directly infringes Claim 5 by testing and demonstrating
`Ca:-3tleVi1le.
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`’7’17 Claim 5: The method of claim 4, nplzerein said cornmerciel is stored at said
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`receiver stetsion prior to said step of delisienng.
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`The commercial in Claim 4 is stored locally,
`the commercial.
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`in either memory or clisk, prior to delivery of
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`12.2.7. Claim 6 (717, Castleville)
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`A user of C-a.stle\"ille directly infringes Clainl 6 by performing the method steps on 3. p6?I'S()I1Eil
`complitillg device. Zynga indirectly infringes Claim 6 by inducing and contrihiltirlg to the di-
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`{12.2_ Rama ‘:1? {(2‘.:u.-:.=a.»\r'me}.1
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`Highly tlonlirie-::t.ial' Source (lode
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`Figure 25: Delivering colilinertzial based on a schedule ~ seasonal [Castl0\"'ille)
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`12.2.9. Claim 9 ('717’. Castleville)
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`A ilser of CastleVille t‘lirec.:i‘.ly infringes Claim 9 by performing the methorl steps on a personal
`ttomptnzing device. Zynga. indirectly infringes Claim 9 by inducing and contributing to the (li-
`I‘(?(?f. illfrizlgement of its users. Zynga directly infringes Claim 9 by testing and demonstratillg
`Cast.leVille.
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`‘T17 Claim 9: The method of claim. 4, wherein amid comrnercial is selected from a
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`plumlity of commerfiels based on said .subsr‘:m’)er specific data.
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`.lastleViile selects which comlnerciai to display from among many (.‘l10l(:CS based on player-
`specific data. For example, in the screen shot in Figure 19 on page 78 Castielfille seietztorl
`the comnlercial to purtzhase more “crowns” where there were other choices. Figure '26 Shows
`Ca.stleVilIe screen shots of the “(:r0wr1s” commercial on the left aiong with :1 “coins” commer-
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`cial 021 the right.
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`In addition, as described on page 7'5, Castielfiile will show cross promotional material from
`a plurality of (tl10l(f€S, showing advertisements and rewards for other Zynga games.
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`r12.;a.
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`:'.ur..m: ‘n? [r':uanicviHnJ,I
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`Highly (,'0:|.‘irl‘emfa1l .‘:‘t;mrce ('.‘cIa'e
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`Figure 26: Delivering comn1ercial from a plilrality of commercials (Ca.sI;leVille)
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`13. CityVi||e
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`CityVéEle is a social, city-building, si11111la1;ie11~style game released by Zynga in 2010. The
`goai of CityViiie is to develop a city by constructing buildings and farms, using rent collected
`and other resomces to do 80.
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`CityVille runs in Adobe Flash player and is playable in a Web browser. Zynga. provides
`Cityifiile as a browser~based game to its users via social networlcing websites and via the
`Zynga.com Website. CityVi1le infringes on claims in patents ‘G38 (Section 13.1) and 717
`(Section 13.22).
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`City Ville Hometoemis a version ofCityViile for the iOS (iTouch, iPhone and iPaxl')- City‘v'ille
`Hometown is a separate game from Ci£yVille — towns created in one game cannot be accessed
`from towns created in another. For the rest of this report,
`the name City\-"ille always
`1‘t=:f(-zrs to the ‘Web l‘11'owse1' version, while City\-"ille Honletown always refers to the mobile
`device version. CityViiie I-{ometown infringes on claims in patents ’13l {Sect.'1on 13.3), ’251
`(Section 13.4) and "II? (Section 13.5).
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`13.1. Patent '638 (Cityville)
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`13.1.1. Claim 1 ('638. Cityvine)
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`The players of Zynga’s games are SlIl')S{2I‘lb(-'.I.’S. They request the g_>;an1e. and they then View
`anti experience the personalized prc-gramn1inp,‘t.hat. results from playing the game.
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`A player of CityVille directly infringes Claim 1 by performing the method steps on a per-
`sonal computing; device. Zynga indirectly infringes Claim 1 by inducing and eontribntirxg
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`86
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`Highly Cfimtlirleutial Source (,‘rJrJ't:
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`(13.
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`£2351.»-\«‘:'::.gj
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`3*?!-s':'i?ié??i°d:-ief"'cla'm 4,: plereis . commercé.'e£$af'='b£ised-on said.stdiscri6er"§specifi:c' tiiitua
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`CityVi1le selects which commercial to display from among many choices based on player»
`specific data. For example,
`in Figure 35,
`the commercial to purchase more “coins” was
`selected by CityVille from among other choices, such as to purchase “cash” or “energy”.
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`13.3. Patent .'131 (CityVilIe Hometown)
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`13.3.1. Claim 1 (’131, Cityville Hometown)
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`EX user of CityVille Hometown directly infringes on Claim 1 by performing the method
`steps on a personal computing device. Zynga indirectly infringes Claim 1 by inducing and
`contributing to the direct infringement of its users. Zynga directly infringes Claim 1 by
`testing and demonstrating CityVille Hometown.
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`See Section 11.1 on page 47 for an overview of Claim 1, patent ’131.
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`
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`CityVilie Hometown runs on a. station of a particular kind (Android or 103 mobile device,
`for example), which has storage.
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`CityViIle Hometown stores programming at the player’s station (mobile device), as well as
`player—specific data, such as the player’s game settings, at the player’s station. Examples
`of stored data include images, code and items earned during game play (e.g., coins and
`experience points), and preferences such as sound settings (e.g., background music on or
`oil").
`'
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`Figure 42 shows evidence of Iocaliy stored player-specific data in CityVille Hometown. The
`figure shows a screen shot. of CityVille Hometown on an iPod mobile device (station), taken
`from the CityVille Hometown system settings. The area highlighted in green indicates pre-
`stored data, 9.7 MB in this case, stored on the iPod. The area highlighted in red indicates
`the computer program (and portion to be completed), 37.9 MB in this case, stored on the
`iPod.
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`Highly Co.n'Hderm'al Source Code
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`(1.8. cmyviue;
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`Figure 42: Stored player data (CityVille Hometown)
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`When the player executes the CityViiIe Hometown computer program on the mobile device,
`the program is operative (runs) by selecting specific prestored data and, after processing,
`use; this data, to provide complete programming (the game as run and experienced by the
`player).
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`Figure 43 shows evidence of complete programming, created by accessing prestored data
`on the station, processing it, and placing it within other data to provide the complete
`programming. The figure shows a screen shot of Cit.yVille Hometown on an iPorl mobile
`device (station)- The area highlighted in blue represents the portion to be completed, in the
`form of the game world in the absence of the player—specific data. The red area depicts a
`representation of the player~specific data that has been selected and processed to provide the
`complete view of the game programming. There are two red regions: the first shows player-
`specific data processed to represent the roads, buildings and their locations;
`the second
`shows player-specific data processed to show the town name (“McKenzieVille”), population
`and various assets in the player’s game, depicted as bars with icons next to them.
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`Evidence of storage is also found in the CityVille Hometown source code- The file Gemenm [SI
`shows the client allocates and populates a data structure in memory with player specific data
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`(Isa. Patent ‘:31 (C.‘ity\/Elle Hometown);
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`Highly Coiifideritial Source Code
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`11 1
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