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