Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`WORLDS, INC.,
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` Plaintiff,
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`v.
`ACTIVISION BLIZZARD, INC., BLIZZARD
`ENTERTAINMENT, INC., and ACTIVISION
`PUBLISHING, INC.,
`
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`Defendants.
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`
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`Civil Action No. 1:12-CV-10576 (DJC)
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`JURY TRIAL DEMANDED
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`§§§§§§§§§§§§§§
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`WORLDS INC.’S SIXTH SUPPLEMENTAL
`DISCLOSURE OF THE CLAIMS INFRINGED
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`Worlds Inc. (“Worlds”) provides the following sixth supplemental disclosure of the
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`claims infringed. Worlds submits this supplemental disclosure in light of the Court’s June 26,
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`2015 claim construction order.1
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`Worlds’ statements herein are based on publicly available information and the computer
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`source code and documentation that Defendants have provided. Discovery is ongoing, and
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`certain documentation and information may not yet be available to Worlds that is fundamental to
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`its infringement claims. In particular, Worlds has not yet deposed officers or employees of any
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`defendants or third parties concerning the operation, functionality and integration, packaging, or
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`terminology of their respective products. Worlds reserves the right to amend its infringement
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`disclosures in light of further discovery.
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`With publicly available data, it is occasionally difficult to identify Defendants’ infringing
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`products by name. However, Defendants have given Worlds information regarding the titles in
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`the Call of Duty and World of Warcraft franchises. Therefore, Worlds’ identification is based on
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`1 The Court’s scheduling order permits Worlds to submit supplemental and amended infringement disclosures
`within 30 days of its claim construction order. See D.I. 27, 29.
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`BUNGIE - EXHIBIT 1036
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`Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 2 of 6
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`Defendants’ representations. If additional titles in the Call of Duty or World of Warcraft
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`franchises are identified during discovery (or if additional versions of previously identified titles
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`are discovered), Worlds reserves the right to add those versions to this lawsuit.
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`Based on the information provided by Defendants, the infringing products in the Call of
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`Duty franchise include the following games and all versions thereof, across all non-mobile
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`platforms (including PC, Mac, PlayStation 2, PlayStation 3, PlayStation 4, Xbox, Xbox 360,
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`Xbox One, Wii, and Wii-U)2: Call of Duty; Call of Duty: United Offensive; Call of Duty 2; Call
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`of Duty 2: Big Red One; Call of Duty 3; Call of Duty 4: Modern Warfare; Call of Duty 4:
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`Modern Warfare “Reflex Edition”; Call of Duty: World at War; Call of Duty: Modern Warfare
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`2; Call of Duty: Black Ops; Call of Duty: Modern Warfare 3; Call of Duty: Ghosts; and Call of
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`Duty: Advanced Warfare. The infringing products in the World of Warcraft franchise include the
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`following games and all versions thereof, across all platforms: World of Warcraft; World of
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`Warcraft: Burning Crusade (expansion set); World of Warcraft: Wrath of the Litch King
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`(expansion set); World of Warcraft: Cataclysm (expansion set); World of Warcraft: Mists of
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`Pandaria (expansion set); World of Warcraft: Warlords of Draenor (expansion set). Collectively,
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`these titles in the Call of Duty and World of Warcraft franchises compose the Accused Products.
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`In Worlds’ First Requests for Production, served August 29, 2012, Worlds requested that
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`defendants produce and make available for inspection source code for all versions and iterations
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`of all titles in the Call of Duty and World of Warcraft franchises (i.e., the accused products
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`specified above). Worlds’ statements herein are based on the source code that defendants have
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`made available in response to those requests for production. Defendants have purported to make
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`available for inspection “source code relating to the Accused Products that is sufficient to show
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`the operation of the accused product(s) or method(s) that Worlds identified in its preliminary
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`2 Worlds does not allege that any mobile versions of Call of Duty or World of Warcraft are infringing products.
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`Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 3 of 6
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`infringement disclosure.” See, e.g., Activision’s Second Supplemental Non-infringement
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`Contentions at 6 (D.I. 52). To the extent Defendants make additional source code available for
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`inspection — or to the extent Defendants’ tendered source code does not include code for all
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`World of Warcraft and Call of Duty titles and products, or to the extent Defendants’ release or
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`market new World of Warcraft or Call of Duty titles during the pendency of this lawsuit —
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`Worlds may supplement these contentions or seek other relief from the court. Furthermore,
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`Worlds expressly reserves the right to supplement, augment, or alter its responses herein based
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`on additional information obtained through discovery or other means concerning defendants’
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`respective products and services.
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`Worlds incorporates the allegations set forth in its Original and First Amended
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`Complaints as if fully set forth herein, as well as in its Original and Supplemental Disclosures of
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`Claims Infringed. Subject to the above limitations and reservations of right, Worlds makes the
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`following additional disclosures:
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`Worlds claims that each element of each asserted claim is directly infringed by
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`Defendants. If for any reason the Accused Products are not found to directly meet each element
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`of an asserted claim, Worlds alleges that Defendants are contributing to the infringement of such
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`claim or inducing its infringement by others because the accused functionalities have no
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`substantial non-infringing use, and because Defendants are aware that they are inducing the
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`direct infringement by its users and customers of the Accused Products. Moreover, Worlds
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`claims that each element of each asserted claim is present literally in the Accused Products.
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`Worlds reserves the right to contend that the Accused Products still infringe under the doctrine of
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`equivalents.
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`Based on information presently available to it, Worlds asserts that defendants infringe at
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`least the following claims of U.S. Patent No. 7,181,690 by their manufacture, sale, offer for sale,
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`Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 4 of 6
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`and use of their Call of Duty and World of Warcraft products having the accused functionality as
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`more fully set forth in Exhibits A and B-1 through B-13: claims 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12,
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`13, 14, 15, 16, 17, and 19.
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`Based on information presently available to it, Worlds asserts that defendants infringe at
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`least the following claims of U.S. Patent No. 7,493,558 by their manufacture, sale, offer for sale,
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`and use of their Call of Duty and World of Warcraft products having the accused functionality as
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`more fully set forth in Exhibits C and D-1 through D-13: claims 4, 5, 6, 7, 8, and 9.
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`Based on information presently available to it, Worlds asserts that defendants infringe at
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`least the following claim of U.S. Patent No. 7,945,856 by their manufacture, sale, offer for sale,
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`and use of their Call of Duty and World of Warcraft products having the accused functionality as
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`more fully set forth in Exhibits E and F-1 through F-13: claim 1.
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`Based on information presently available to it, Worlds asserts that defendants infringe at
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`least the following claims of U.S. Patent No. 8,082,501 by their manufacture, sale, offer for sale,
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`and use of their Call of Duty and World of Warcraft products having the accused functionality as
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`more fully set forth in Exhibits G and H-1 through H-13: claims 1, 2, 3, 4, 5, 6, 7 (World of
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`Warcraft only), 8, 10, 12, 14, 15, and 16 (World of Warcraft only).
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`Based on information presently available to it, Worlds asserts that defendants infringe at
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`least the following claims of U.S. Patent No. 8,145,998 by their manufacture, sale, offer for sale,
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`and use of their Call of Duty and World of Warcraft products having the accused functionality as
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`more fully set forth in Exhibits I and J-1 through J-13: claims 1, 18, and 20.
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`At this time, Worlds knows of no specific limitations of the asserted claims where
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`infringement depends on equivalents. Worlds alleges that if there are any differences between the
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`claim elements in the aforementioned claims and the accused systems or methods, the
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`differences are insubstantial and infringement would exist under the doctrine of equivalents.
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`Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 5 of 6
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`Worlds reserves the right to augment and supplement this disclosure after further discovery from
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`defendants.
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`Respectfully submitted,
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`WORLDS, INC.
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`
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`By its attorneys,
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`/s/ Ryan V. Caughey
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`Max L. Tribble (admitted pro hac vice)
`Chanler Langham (admitted pro hac vice)
`Ryan Caughey (admitted pro hac vice)
`SUSMAN GODFREY L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Telephone: (713) 651-9366
`Facsimile: (713) 654-6666
`mtribble@susmangodfrey.com
`clangham@susmangodfrey.com
`rcaughey@susmangodfrey.com
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`
`
`Joel R. Leeman (BBO # 292070)
`SUNSTEIN KANN MURPHY
` & TIMBERS LLP
`125 Summer Street
`Boston, MA 02110-1618
`Telephone: (617) 443-9292
`Facsimile: (617) 443-0004
`jleeman@sunsteinlaw.com
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`DATED: July 27, 2015
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`Case 1:12-cv-10576-DJC Document 160 Filed 07/27/15 Page 6 of 6
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`Certificate of Service
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`I hereby certify that a true copy of the above document was served upon Defendants’
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`counsel of record by CM/ECF and email on July 27, 2015.
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`/s/ Ryan V. Caughey
`Ryan V. Caughey
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