IN THE UNITED STATES DISTRICT COURT
`
`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
`
`THIS REPORT CONTAINS
`
`HIGHLY CONFIDENTIAL SOURCE CODE
`
`ZYNGA EX. 1013
`
`
`
`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
`
`THIS REPORT CONTAINS
`
`HIGHLY CONFIDENTIAL SOURCE CODE
`
`ZYNGA EX. 1013
`
`
`
`I»: v-nun In-u-1 mum: in .u-uo-tau: --r -nr-ml -In mu In war-am.
`
`
`
`Figure Player data moclifiecl by player input (Casticlfiille)
`
`’71’T Claim 3:
`
`subscriber specific date.
`
`.'l'he method of claim 1,
`
`'h‘Jh1‘3':"'8'lTl said subscriber input modifies se-id
`
`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.
`
`12.2.5. Claim 4 ("(17, Castleville)
`
`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.
`
`‘717 Claim 4: The method of claim I, wherein said rnfofination content comprises
`
`a comm erc-icl.
`
`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
`
`32
`
`Highly Utillllrltflitfill Srmrce Code
`
`(:2.
`
`(':.-s.-uuviur-_;
`
`
`
`
`
`Figure
`
`Received content as comrnercia.l (Castlefl/ille)
`
`center of the screen highlighting infornietion content that is a commercia.l for the player to
`“add coins and crowns * sale”.
`
`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.
`
`12.2.5. Claim 5 (’717. Castleville)
`
`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.
`
`’7’17 Claim 5: The method of claim 4, nplzerein said cornmerciel is stored at said
`
`receiver stetsion prior to said step of delisienng.
`
`The commercial in Claim 4 is stored locally,
`the commercial.
`
`in either memory or clisk, prior to delivery of
`
`12.2.7. Claim 6 (717, Castleville)
`
`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-
`
`{12.2_ Rama ‘:1? {(2‘.:u.-:.=a.»\r'me}.1
`
`Highly tlonlirie-::t.ial' Source (lode
`
`
`
`
`
`Figure 25: Delivering colilinertzial based on a schedule ~ seasonal [Castl0\"'ille)
`
`12.2.9. Claim 9 ('717’. Castleville)
`
`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.
`
`‘T17 Claim 9: The method of claim. 4, wherein amid comrnercial is selected from a
`
`plumlity of commerfiels based on said .subsr‘:m’)er specific data.
`
`.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-
`
`cial 021 the right.
`
`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.
`
`r12.;a.
`
`:'.ur..m: ‘n? [r':uanicviHnJ,I
`
`Highly (,'0:|.‘irl‘emfa1l .‘:‘t;mrce ('.‘cIa'e
`
`
`
`
`
`Figure 26: Delivering comn1ercial from a plilrality of commercials (Ca.sI;leVille)
`
`13. CityVi||e
`
`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.
`
`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).
`
`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).
`
`13.1. Patent '638 (Cityville)
`
`13.1.1. Claim 1 ('638. Cityvine)
`
`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.
`
`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
`
`86
`
`Highly Cfimtlirleutial Source (,‘rJrJ't:
`
`(13.
`
`£2351.»-\«‘:'::.gj
`
`
`
`3*?!-s':'i?ié??i°d:-ief"'cla'm 4,: plereis . commercé.'e£$af'='b£ised-on said.stdiscri6er"§specifi:c' tiiitua
`
`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”.
`
`13.3. Patent .'131 (CityVilIe Hometown)
`
`13.3.1. Claim 1 (’131, Cityville Hometown)
`
`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.
`
`See Section 11.1 on page 47 for an overview of Claim 1, patent ’131.
`
`
`
`CityVilie Hometown runs on a. station of a particular kind (Android or 103 mobile device,
`for example), which has storage.
`
`
`
`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").
`'
`
`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.
`
`Highly Co.n'Hderm'al Source Code
`
`(1.8. cmyviue;
`
`
`
`
`
`Figure 42: Stored player data (CityVille Hometown)
`
`
`
`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).
`
`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.
`
`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
`
`(Isa. Patent ‘:31 (C.‘ity\/Elle Hometown);
`
`Highly Coiifideritial Source Code
`
`11 1
`
`
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