`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`§ §
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`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
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`E Civil Action No. 2:12-cv-68
`E
`JURY DEMANDED
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`§ §
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`§
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`P1"“““ff’
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`V‘
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`ZYNGA, INC.,
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`Defendant.
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`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
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`Pursuant
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`to the Court’s Order of July 31, 2012, Plaintiff Personalized Media
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`Communications, LLC (“PMC”), provides this disclosure of asserted claims and infringement
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`contentions under P.R. 3-1 and identification of document production accompanying disclosure
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`under P.R. 3-2 to Defendant Zynga, inc. (“Zynga”).
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`Discovery in this matter has not yet commenced. Zynga has not yet produced any
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`documents or things, or provided any deposition testimony or other discovery in this action.
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`This disclosure is therefore based on information that PMC has been able to obtain publicly,
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`together with PMC’s good faith beliefs regarding the operation of the Accused lnstrumentalities,
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`and is given without prejudice to PMC’s right to obtain leave to supplement or amend its
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`disclosure as additional facts are disclosed and claims are construed.
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`P.R. 3-1
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`P.R. 3—1ga1
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`The asserted claims are Claims 1, 3, 4, 6, 9, and 11 from U.S. Patent No. 7,860,131,
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`9S?36?0l.l
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`1
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`ZYNGA EX. 1006
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`Claims 17, 18, 19, 22, 23, 24, and 28 from U.S. Patent No. 7,734,251, Claims 1, 2, 3, 6, ll, 12,
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`13, and 15 from U.S. Patent No. 7,908,638, and Claims 1, 2, 3, 4, 5, 6, 7, and 9 from U.S. Patent
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`No. 7,797,717 (the “Asserted Claims”).
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`P.R. 3-lgbg
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`Refer to the 82 claim charts that accompany this disclosure and that collectively identify
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`the Accused lnstrumentalities. These charts contain representative examples of infringement by
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`the Accused lnstrumentalities. PMC asserts that Zynga infringes the Asserted Claims directly
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`and indirectly as explained separately for each claim in the accompanying claim charts.
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`The examples shown in the claim charts are not meant to limit the scope of the Accused
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`lnstrumentalities in any way, but rather are meant simply to illustrate PMC’s theories of
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`infringement. Further, the examples shown in the claim charts are not meant to limit the scope
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`of the Accused lnstrumentalities to a specific platform.
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`For example,
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`the infringement
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`contentions for Zynga’s “mobile games” are applicable to all platforms for which the “mobile
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`games” are offered, and the infringement contentions for Zynga’s “browser-based games” are
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`likewise applicable to all platforms on which those games are offered.
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`P.R. 3-1101
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`Refer to the 82 claim charts that accompany this disclosure.
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`P.R. 3-1§d[
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`PMC contends that the Accused lnstrumentalities literally infringe the Asserted Claims.
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`With respect to any claim limitation that may be found not to be literally infringed by one or
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`more Accused lnstrumentalities, PMC contends
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`in the alternative that
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`those Accused
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`9S73670| _ I
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`
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`lnstrumentalitics infringe such claim limitations under the doctrine ofequivalents and that any
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`element not found to be literally met is equivalently met because any difference between the
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`claim limitation and the Accused Instrumentalities is not a substantial difference.
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`P.R. 3-lgel
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`The priority date for Claims 1, 3, 4, 6, 9, and 11 from U.S. Patent No. 7,860,131, Claims
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`1, 2, 3, 6, I1, 12, 13, and 15 from U.S. Patent No. 7,908,638, and Claims 1,2, 3, 4,5, 6, 7, and 9
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`from U.S. Patent No. 7,?97,‘?1'? is September 11, 1987.
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`The priority date for Claims 17, 18, 19, 22, 23, 24, and 28 from U.S. Patent No.
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`?,734,251 is November 3, 1981.
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`P.R. 3-111]
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`Not applicable.
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`P.R. 3-]; g[
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`Refer to the 82 claim charts that accompany this disclosure for an identification of those
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`claim elements that include software limitations. Additional elements of infringement may be
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`supplied as needed for such elements in accordance with the Local Rules and the Docket Control
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`Order following the production of source code, source code documentation, flowcharts, andfor
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`other source code related documents or testimony.
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`95736?D1.l
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`P.R. 3-2[a[
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`Documents responsive to PR. 3-2(a) are being produced with the following production
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`range: PMC2000001 79 to PMC2000001 83.
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`P.R. 3-Zgbg
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`Documents responsive to RR. 3-2(b) are being produced with the following production
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`range: PMCZ0000000] to PMCZOOUUUITS.
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`P.R. 3-2{c[
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`Documents responsive to P.R. 3-2(c) are being produced with the following production
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`range: PMCZ00000184- PMCZ000 1 7247.
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`95? 36?0 1. I
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`
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`Dated: September 17, 2012
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`Respectfully submitted,
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`/s/ Robert .5‘. Harrefl
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`Robert S. Harrell
`Texas Bar No. 9041350
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`Email: rharrellfiiliulbriUhtcoln
`Eric B. Hall
`Texas Bar No. 24012767
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`Email: eltalltfififuIbrialilxsom
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`FULBRIGHT & JAWORSKI L.L.P.
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`1301 McKinney, Suite 5100
`Houston, TX 72010-3095
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`Telephone: (713) 651-5 I 5 1
`Facsimile: (713) 651-5246
`
`Brett C. Govett
`Texas Bar No. 08235900
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`Email: bE0t'ett-fiflfulbright.com
`Lead Attorney
`Miriam L. Quinn
`Texas Bar No. 24037313
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`Email:
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`:nguin11r@i}.t‘uIbriuhtncom
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`FULBRIGHT & JAWORSKI L.I..P.
`
`2200 Ross Avenue, Suite 2800
`Dallas, Texas 75201-2784
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`Telephone: (214)855-8000
`Facsimile: (214) 855-8200
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing document was served on September 1?,
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`2012, in compliance with the Federal Rules of Civil Procedure.
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`/s/ Robert S. Harrell
`Robert S. Harrell
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`95136701.!